These general terms and conditions ("Terms") of RH Holsters s.r.o., with its registered office at Varšavská 715/36, 12000 Prague 2, VAT number 21724601, registered in the Commercial Register kept by the Municipal Court in Prague, file no. C 405654, email info@rhholsters.cz, phone number 724388529 ("We" or "Seller") govern the mutual rights and obligations of You, as the buyers, and Us, as the sellers, arising in connection with or based on the purchase contract ("Contract") concluded via the E-shop on the website rhholsters.cz or via email, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended ("Civil Code").
All information about the processing of your personal data is included in the Privacy Policy, which can be found here.
The provisions of these Terms are an integral part of the Contract. The Contract and Terms are drawn up in the Czech language. We may unilaterally change or supplement these Terms. This provision does not affect the rights and obligations arising during the validity of the previous version of the Terms.
As you surely know, we primarily communicate remotely. Therefore, the same applies to our Contract, where remote communication means are used that allow us to agree without our physical presence, and the Contract is concluded remotely through the E-shop environment, via the web interface ("web interface of the E-shop").
If any part of the Terms conflicts with what we have mutually agreed during the purchase process on Our E-shop, the specific agreement will take precedence over the Terms.
I. SOME DEFINITIONS
- Price is the financial amount you will pay for the Goods;
- Shipping cost is the financial amount you will pay for the delivery of the Goods, including the cost of packaging;
- Total price is the sum of the Price and Shipping cost;
- VAT is the value-added tax according to the applicable legal regulations;
- Invoice is a tax document issued in accordance with the Value Added Tax Act for the Total price;
- Order is your irrevocable proposal to conclude a Contract for the purchase of Goods with Us;
- User account is an account created based on the information you provide, which allows the storage of entered data and the history of ordered Goods and concluded Contracts;
- You are the person purchasing from Our E-shop / via email, legally referred to as the buyer;
- Goods are all items you can purchase from the E-shop / via email.
II. GENERAL PROVISIONS AND INSTRUCTIONS
1. The purchase of Goods is possible through the web interface of the E-shop or via email.
2. When purchasing Goods, it is your duty to provide Us with all information correctly and truthfully. The information you provided to Us when ordering Goods will be considered correct and truthful.
III. CONCLUSION OF THE CONTRACT
1. A contract with Us can only be concluded in Czech or English.
2. The contract is concluded remotely via the E-shop or email, with the costs of using remote communication tools being paid by You. However, these costs do not differ from the basic rate you pay for using these tools (i.e., especially for internet access), and no additional costs will be charged by Us beyond the Total price. By submitting the Order, you agree that we use remote communication tools.
3. In order for us to conclude the contract, you need to create an Order proposal on the E-shop, or based on your requests, we will create and send you a proposal by email. This proposal must include the following information:
a) Information about the Goods being purchased (on the E-shop, you select the Goods you are interested in by clicking the "Add to cart" button);
b) Information about the Price, Shipping cost, method of payment of the Total price, and the requested delivery method for the Goods; this information will be entered during the creation of the Order proposal in the E-shop user interface, with information about the Price, Shipping cost, and Total price being automatically displayed based on the Goods you select and the method of delivery; in the case of email orders, prices will be included in the proposal we create;
c) Your identification and contact details needed to deliver the Goods, such as name, surname, delivery address, phone number, and email address;
d) In the case of a Contract under which Goods will be delivered to you regularly and repeatedly, information about how long Goods will be delivered to you.
4. During the creation of the Order proposal, you can change and review the details until the proposal is created. After reviewing, you can create the Order by pressing the "Order binding for payment" button. Before pressing the button, you must confirm that you have read and agree to these Terms, otherwise, the Order cannot be created. Confirmation and consent are provided via a checkbox. After pressing the "Order binding for payment" button, all the filled information will be sent directly to Us. In the case of email orders, the order is created by mutual consent. After the order is created, we will send an order confirmation to your email.
5. Your Order will be confirmed as soon as possible after it is delivered to Us, via a message sent to the email address you provided in the Order. If the order was placed via the E-shop, the confirmation will include a summary of the Order. Confirmation of the Order by Us constitutes the conclusion of the Contract between Us and You. The Terms in effect at the time of the Order will form an integral part of the Contract.
6. In the event that an obviously incorrect Price is listed within the E-shop or in the Order proposal, We are not obliged to deliver the Goods to You at that Price, even if you have received the Order confirmation and thus concluded the Contract. In such a case, We will contact You promptly and send you an offer to conclude a new Contract with amended terms compared to the Order. The new Contract is concluded when You confirm Our offer. If You do not confirm Our offer within 3 days of it being sent, We are entitled to withdraw from the concluded Contract. An obvious error in the Price is considered, for example, a situation where the Price does not correspond to the usual price from other sellers or if a digit is missing or is excessive.
7. In the event of the conclusion of the Contract, You are obligated to pay the Total price.
8. If you have created a User Account, you can place an Order through it. Even in this case, however, you are obligated to verify the accuracy, truthfulness, and completeness of the pre-filled data. The process of creating the Order is the same as for a customer without a User Account, but the advantage is that you do not need to repeatedly fill in your identification details.
IV. USER ACCOUNT
1. Based on your registration within the E-shop, you can access your User Account.
2. When registering a User Account, it is your responsibility to provide all required information correctly and truthfully and to update it in case of changes.
3. Access to the User Account is secured by a username and password. You are required to maintain confidentiality regarding these access credentials and not share them with anyone. In case of misuse, we bear no responsibility.
4. The User Account is personal, and you are not authorized to allow third parties to use it.
5. We may cancel your User Account, especially if it has not been used for more than 2 years or if you breach your obligations under the Contract.
6. The User Account may not be available continuously, especially due to necessary maintenance of hardware and software equipment.
V. PRICE AND PAYMENT TERMS, RESERVATION OF TITLE
1. The Price is always stated within the E-shop, in the Order proposal, and of course in the Contract. In case of a discrepancy between the Price stated for the Goods in the E-shop and the Price stated in the Order proposal, the Price stated in the Order proposal will apply, which will always be the same as the price in the Contract. The Order proposal also includes the Price for delivery, or the conditions under which delivery is free.
2. The Total price is stated including VAT and all fees set by law.
3. Due to the nature of custom-made production, we will request payment of the Total price before the Goods are dispatched. You can make the payment for the Total price in the following ways:
a) Bank transfer. Payment details will be sent to you upon dispatch of the Order. In case of payment by bank transfer, the Total price is due within 14 days, unless agreed otherwise.
b) Cash upon personal collection. Cash payment is possible when picking up the Goods at Our premises. In the case of cash payment upon personal collection, the Total price is due upon receipt of the Goods.
4. The invoice will be issued electronically and sent to your email address. The invoice will also be physically attached to the Goods.
5. Ownership of the Goods passes to You only after you pay the Total price and receive the Goods. In the case of bank transfer, the Total price is considered paid when credited to Our account; in other cases, it is paid at the moment of payment.
VI. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO THE GOODS
1. The Goods will be delivered to you in the manner of your choice, and you can select from the following options:
a) Personal pickup at Our premises listed in the list of locations;
b) Personal pickup at pickup points of the company Zásilkovna, DPD;
c) Delivery through transport companies DPD, Zásilkovna;
2. The delivery time of the Goods always depends on its availability and the selected delivery and payment method. The estimated delivery time of the Goods is stated on the e-shop, on the website in the FAQ, or for availability of cases, it may be provided in response to your inquiry by email. The time stated on the E-shop is only indicative and may differ from the actual delivery time. In case of personal pickup at the premises, we will always inform you about the possibility of picking up the Goods by email or phone.
3. After receiving the Goods from the carrier, it is your responsibility to check the integrity of the Goods' packaging and to immediately report any damage to the carrier and Us. If the packaging is damaged in a way that indicates unauthorized handling and entry into the shipment, you are not required to accept the Goods from the carrier.
4. In case you fail to fulfill your obligation to accept the Goods, except for the cases under Article VI.3. of these Terms, this does not constitute a breach of Our obligation to deliver the Goods to you. Also, the fact that you do not accept the Goods is not a withdrawal from the Contract between Us and you. However, in such a case, We have the right to withdraw from the Contract due to your material breach of the Contract. If We decide to exercise this right, the withdrawal is effective on the day it is delivered to you. Withdrawal from the Contract does not affect the claim for the payment of the Delivery Price, or the claim for compensation of damages, if any have occurred.
5. If the Goods are repeatedly delivered or delivered in a manner other than agreed upon in the Contract due to reasons caused by you, it is your responsibility to reimburse Us for the costs associated with this repeated delivery. The payment details for these costs will be sent to your email address provided in the Contract and are due within 14 days from the delivery of the email.
6. The risk of damage to the Goods passes to you at the moment when you accept it. In case you do not accept the Goods, except for the cases under Article VI.3 of these Terms, the risk of damage to the Goods passes to you at the moment when you had the opportunity to accept it, but due to reasons on your side, the acceptance did not occur. The transfer of the risk of damage to the Goods means that from that moment, you bear all the consequences associated with the loss, destruction, damage, or any impairment of the Goods.
7. In the event that the Goods were not listed as in stock in the E-shop and an estimated availability time was provided, we will always inform you in case of:
a) An extraordinary production failure of the Goods, in which case we will always inform you of the new expected availability time or the information that the Goods will not be deliverable;
b) A delay in the delivery of the Goods from Our supplier, in which case we will always inform you of the new expected delivery time.
8. If we are unable to deliver the Goods to you even within 30 days after the expiration of the delivery time of the Goods specified in the Order confirmation, for any reason, both we and you are entitled to withdraw from the Contract.
VII. RIGHTS FROM DEFECTIVE PERFORMANCE
1. We guarantee that at the time the risk of damage to the Goods passes to you under Article VI.6 of these Terms, the Goods will be free from defects, particularly that:
a) it has the properties we agreed upon with you, and if they were not explicitly agreed upon, then the properties we described in the product description, or those that can be expected considering the nature of the Goods;
b) it is suitable for the purposes we mentioned or for the purposes that are customary for this type of Goods;
c) it corresponds to the quality or execution of the agreed sample if the quality or execution was specified according to the sample;
d) it is in the appropriate quantity and weight;
e) it meets the legal requirements imposed on it;
f) it is not encumbered by third-party rights.
2. Rights and obligations regarding defective performance are governed by the relevant generally binding legal regulations (especially the provisions of § 1914 to 1925, § 2099 to 2117, and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
3. If the Goods have a defect, especially if one of the conditions under Article VII.1 is not met, you may notify us of the defect and exercise your rights from defective performance (i.e., file a complaint) by sending an email or letter to our addresses listed in our identification details. When exercising your right from defective performance, you must choose how you want the defect to be resolved, and this choice cannot be changed later, except in cases under Article 7.4, without our consent. We will resolve the complaint in accordance with your exercised right from defective performance. If you do not choose how to resolve the defect, you have the rights listed in Article 7.5 even in situations where the defective performance was a material breach of the Contract.
4. If the defective performance is a material breach of the Contract, you have the following rights:
a) the right to have the defect removed by delivering new Goods without defects or delivering the missing part of the Goods;
b) the right to have the defect removed by repairing the Goods;
c) the right to a reasonable discount from the Price;
d) the right to withdraw from the Contract.
If you choose a solution according to points a) or b) and we do not remove the defect within a reasonable period that we provided, or we inform you that the defect cannot be removed in this way, you have the rights under points c) and d), even if you did not initially request them in the complaint. If you choose to remove the defect by repairing the Goods and we find that the defect is irreparable, we will inform you, and you can choose another way to remove the defect.
5. If the defective performance is a non-material breach of the Contract, you have the following rights:
a) the right to have the defect removed by delivering new Goods without defects or delivering the missing part of the Goods;
b) the right to have the defect removed by repairing the Goods;
c) the right to a reasonable discount from the Price.
However, if we do not remove the defect in a timely manner or refuse to remove the defect, you have the right to withdraw from the Contract. You can also withdraw in the case where you cannot properly use the Goods due to repeated defects after repair or in the case of a larger number of defects in the Goods.
6. In the case of both material and non-material breaches, you cannot withdraw from the Contract or request delivery of new Goods if you cannot return the Goods in the condition in which you received them. However, this does not apply in the following cases:
a) if the condition of the Goods changed due to inspection to determine the defect;
b) if the Goods were used before the defect was discovered;
c) if the inability to return the Goods in the unchanged condition was not caused by your actions or omissions,
d) if the Goods were sold, consumed, or altered in the usual manner of use before the defect was discovered; however, if this happened only partially, you are obliged to return the part of the Goods that can be returned, and in such a case, you will not be refunded the part of the Price corresponding to your benefit from the use of the part of the Goods.
7. Within 3 working days of receiving the complaint, we will confirm to your email address that we have received the complaint, when we received it, and the expected duration for processing the complaint. We will resolve the complaint without undue delay, but no later than 30 days from its receipt. The period may be extended by mutual agreement. If the period expires without resolution, you may withdraw from the Contract.
8. We will inform you of the outcome of the complaint via email. If the complaint is justified, you are entitled to reimbursement of the reasonably incurred costs. You must prove these costs, e.g., with receipts or confirmations of the price of delivery. If the defect is removed by delivering new Goods, you are obliged to return the original Goods to us, but we will cover the costs of this return.
9. If you are a business entity, you are obliged to notify and point out the defect without undue delay after you could have discovered it, but no later than three days after receiving the Goods.
10. If you are a consumer, you have the right to exercise rights from defective performance for a defect that occurs in consumer Goods within 24 months from receiving the Goods.
11. The provisions regarding the right from defects do not apply in the case of:
a) Goods sold at a lower price for a defect for which the lower price was agreed;
b) wear and tear of the Goods caused by its usual use;
c) used Goods for a defect corresponding to the degree of use or wear that the Goods had when you received it;
d) where it follows from the nature of the Goods.
VIII. WITHDRAWAL FROM THE CONTRACT
1. Withdrawal from the Contract, meaning the termination of the contractual relationship between Us and You from the very beginning, can occur for the reasons and in the manner specified in this article, or in other provisions of the Terms and Conditions where the possibility of withdrawal is explicitly stated.
2. If you are a consumer, meaning a person purchasing Goods outside the scope of your business activity, you have the right to withdraw from the Contract without giving a reason within 14 days from the delivery of the Goods, in accordance with the provisions of Section 1829 of the Civil Code. If we have concluded a Contract that involves several types of Goods or delivery of several parts of Goods, this period begins on the day of delivery of the last part of the Goods, and if we have concluded a Contract under which we will deliver Goods to you regularly and repeatedly, the period begins on the day of delivery of the first delivery. You can withdraw from the Contract by any demonstrable means (especially by sending an email or letter to Our addresses listed in Our identification details).
3. However, even as a consumer, you cannot withdraw from the Contract in cases where the subject of the Contract is:
a) Goods whose price depends on fluctuations in the financial market beyond Our control and may occur during the withdrawal period from the Contract;
b) delivery of alcoholic beverages that can only be delivered after thirty days and whose price depends on fluctuations in the financial market beyond Our control;
c) Goods that were customized according to your wishes or for your person;
d) Goods that were made to order according to your requirements;
4. The withdrawal period under Article VIII.2 of the Terms is considered observed if you send us a notification during this period stating that you are withdrawing from the Contract.
5. In the case of withdrawal from the Contract, the Price will be refunded to you within 14 days from the effective date of the withdrawal to the account from which it was credited, or to the account selected for withdrawal from the Contract. However, the amount will not be refunded before we receive the Goods back or before you prove that they have been sent back to us. Please return the Goods to us clean, if possible, including the original packaging.
6. In the case of withdrawal from the Contract under Article VIII.2 of the Terms, you are obliged to send the Goods back to us within 14 days from the withdrawal, and you bear the costs associated with the return of the Goods to us. However, you are entitled to have the shipping cost refunded to you, but only up to the amount corresponding to the cheapest delivery method offered by us for the delivery of the Goods. If the withdrawal is due to Our breach of the Contract, we will cover the costs associated with returning the Goods to us, but again, only up to the amount corresponding to the cheapest delivery method offered by us for the delivery of the Goods.
7. You are liable for any damage to Us in cases where the Goods are damaged due to your handling of them in a manner other than what is necessary considering their nature and characteristics. The damage caused will be invoiced to you after the Goods have been returned to Us, and the due date for the invoiced amount is 14 days. If we have not yet refunded the Price to you, we are entitled to offset the claim for costs against your claim for the refund of the Price.
8. We are entitled to withdraw from the Contract at any time before we deliver the Goods to you if there are objective reasons why it is not possible to deliver the Goods (especially reasons on the part of third parties or reasons inherent in the nature of the Goods), even before the period stated in Article VI.9. of the Terms has expired. We may also withdraw from the Contract if it is evident that you have deliberately provided incorrect information in the Order. In the case that you are purchasing Goods in the course of your business activity, i.e., as a business, we are entitled to withdraw from the Contract at any time, even without providing a reason.
IX. DISPUTE RESOLUTION WITH CONSUMERS
1. We are not bound by any codes of conduct in relation to buyers as per Section 1826, Paragraph 1, Letter e) of the Civil Code.
2. Consumer complaints are handled via the electronic address info@rhholsters.cz. We will send information about the resolution of the complaint to the buyer’s email address.
3. The Czech Trade Inspection Authority, located at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: http://www.coi.cz, is responsible for out-of-court resolution of consumer disputes arising from the Contract. The platform for online dispute resolution available at http://ec.europa.eu/consumers/odr can be used for resolving disputes between the seller and the consumer buyer arising from a purchase agreement concluded by electronic means.
4. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and Council of May 21, 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumers).
X. FINAL PROVISIONS
1. If Our and Your legal relationship contains an international element (e.g., if we send goods outside the territory of the Czech Republic), the relationship will always be governed by the laws of the Czech Republic. However, if you are a consumer, this provision does not affect your rights under applicable legal regulations.
2. All written correspondence will be delivered to you via email. Our email address is listed in Our identification details. We will deliver correspondence to your email address provided in the Contract, in the User account, or the one you used to contact us.
3. The Contract can only be modified based on Our written agreement. However, we are entitled to modify and supplement these Terms, but this modification will not affect already concluded Contracts, only Contracts concluded after the effectiveness of this modification. We will inform you about the change only if you have created a User account (so that you are aware of this change when ordering new Goods, though the change does not grant the right to terminate as we have no contract that can be terminated), or if we are obliged to deliver Goods to you regularly and repeatedly. We will send the information about the change to your email address at least 14 days before the effectiveness of this change. If we do not receive your termination of the concluded Contract for regular and repeated deliveries of Goods within 14 days from sending the change notice, the new terms will become part of Our Contract and will apply to the next delivery of Goods following the effectiveness of the change. The notice period for termination is 2 months.
4. In the case of force majeure or unforeseeable events (natural disasters, pandemics, operational failures, supplier outages, etc.), we are not responsible for any damage caused as a result of or in connection with force majeure events, and if the force majeure situation lasts for more than 10 days, both We and You have the right to withdraw from the Contract.
5. The Contract, including the Terms, is archived electronically with Us, but is not accessible to you.
6. These Terms are effective from January 1, 2025.
Should you have any questions, or would like advice when choosing the holster, do not hesitate to contact us.