trading company HEXATRADE COMPANY s.r.o. for the sale of goods through an online store located at www.erosstar.sk
I. Contact Information
Operator: HEXATRADE COMPANY s.r.o.
Registered office: Skryjova 1606/8, 61400 Brno-Husova, Czechia
VAT number: CZ05910684
Registered in the commercial register kept at the Regional Court in Brno, section C, insert 98905
(Hereinafter referred to as "Erosstar" or "Seller")
Contact address and address of the establishment (send complaints here):
Cejl 34/91, 60200 Brno-Zábrdovice, Czechia
(Hereinafter referred to as "Headquarters")
Phone: (+421) 220 812 509 (SK)
Available during working hours according to the information in the online store.
SK account number (EUR): SK8383300000002101184178 BIC/SWIFT: FIOZSKBAXXX
II. Introductory Provisions
All orders placed are considered binding.
Each order is confirmed in the form of an e-mail message sent to the address specified by the customer when placing the order.
The customer is informed about the status of his order by e-mail and by means of the order tracking service.
These terms and conditions (hereinafter referred to as the "terms and conditions") of the seller regulate the mutual 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 another natural or legal person (hereinafter referred to as the "buyer") ) through the seller's online store.
The operator of the website (seller) prohibits persons under the age of 18 from accessing these pages and registering on the website. Access to this website was only allowed after your declaration and confirmation that you are over 18 years old. You were only allowed to register for a user account after you declared and confirmed that you are over 18 years old. The website operator has therefore taken all sufficient measures to prevent access to the website by persons under the age of 18. If you are on the website despite the fact that you are under 18 years of age, you have made a false statement and the operator of the website does not accept responsibility for such actions.
By sending the order by clicking on the button marked "Complete order" or "Send order" or on a button with a similar meaning, the Buyer confirms that he has familiarized himself with the GTC, including the conditions for withdrawing from the purchase contract, by concluding the purchase contract according to these GTC and expressly agrees with them in their the wording valid and effective at the time of this confirmation.
III. Orders (conclusion of purchase contract)
All the presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732, paragraph 2 of the Civil Code shall not apply.
The web interface of the store contains information about the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods listed in the store's web interface applies to the country of origin and subsequently the destination country selected by the buyer.
To order Goods, the User places the ordered Goods in the Shopping Basket of the web interface of the store by clicking on the button "Add to basket" on the graphic icon of the basket or on a button with a similar meaning. He then fills out the order form, which mainly contains information about:
- ordered Goods;
- the method of delivery / delivery of the ordered goods, at the same time he will be informed about the costs associated with such delivery / delivery;
- method of payment of the purchase price,
(hereinafter collectively referred to as the "Order")
Before sending the order to the seller, the buyer is allowed to check and change the data entered by the buyer in the order.
The buyer sends the order to the seller by clicking on the "I confirm the order" button or a similarly named button.
The data listed in the order they are deemed correct by the seller.
Immediately after receiving the order, the seller will confirm this receipt to the buyer by e-mail, to the buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the "buyer's e-mail address").
The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by phone).
The contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the e-mail address of the buyer.
The buyer acknowledges that the seller is not obliged to enter into a purchase contract, especially with persons who have previously materially violated the purchase contract (including terms and conditions).
The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are covered by the buyer himself.
1. Price of goods and terms of payment
All product and shipping prices are inclusive of value added tax and all related fees. Prices are valid on the day the goods are ordered.
The buyer can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract to the seller in the following ways:
- in cash at the seller's premises;
- in cash on delivery at the place specified by the buyer in the order;
- by cashless transfer to the seller's account;
- cashless with a MasterCard or Visa payment card via an internet payment portal.
All promotional offers are valid until stocks last or until the time specified by Erosstar. Erosstar reserves the right to change promotional offers without prior notice.
Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
The seller is entitled, especially if the buyer does not provide additional confirmation of the order, to demand payment of the entire purchase price before sending the goods to the buyer.
In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
If it is customary in business dealings or if it is stipulated by generally binding legal regulations, the seller will issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is the payer of value added tax. Tax document – the seller issues an invoice to the buyer after payment of the price of the goods and sends it in electronic form to the buyer's e-mail address, or a printed invoice is attached to the delivered goods.
2. Delivery period and method of delivery
If the goods state that they are in stock, then the Seller undertakes to:
- Deliver the goods within 14 (fourteen) days of receipt or confirmation of payment in the case of online payment by card or payment by non-cash transfer.
- In the case of cash on delivery payment, we undertake to deliver the goods within 14 (fourteen) days from the receipt of the binding order.
In the event that the goods marked "in stock" are sold out in a short period of time and the Seller is unable to deliver the ordered goods to the Buyer in the specified time, the Seller will contact the Buyer to agree on the next procedure. One of the main goals is to deliver the goods in the shortest possible time.
The methods of delivery of the goods and the costs of their delivery are publicly listed on the store's web interface.
The delivery time of the goods depends on their availability and on the chosen method of transport and payment.
When taking over the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the transporter immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier. This does not affect the buyer's rights from liability for product defects. If the buyer still decides to take over the shipment, he will ask the carrier or postman to write a report on the delivery of the damaged shipment. The buyer does not have to accept an incomplete shipment.
In the event that the carrier is unable to deliver the goods within the deadline set by the Seller, the Buyer is not released from the obligation to take over the Goods. The Seller cannot influence the delivery date of the forwarded shipment. The Buyer is obliged to resolve any complaints regarding the delivery time directly with the carrier.
The Buyer's rights in the case of exercising the right due to defects are governed by the Seller's Complaints Regulations and according to the relevant legal regulations of Czech law, in particular the Civil Code.
Additional rights and obligations of the parties during the transportation of goods may be regulated by the seller's terms of delivery.
IV. Withdrawal from the purchase contract
The buyer acknowledges that according to § 1837 of the Civil Code No. 89/2012 Coll., it is not possible to withdraw from the purchase contract, among other things:
- delivery of goods in closed packaging, which the consumer has removed from the packaging and for hygienic reasons it is not possible to return it;
- hosiery and intimate clothing.
Reasoning: Using, testing (even removing the product from the packaging) goods of an erotic nature leads to a situation where its further use (sale) to another Buyer is no longer possible, as this violates the general principles of hygiene and health protection.
In order to comply with the deadline for withdrawing from the purchase contract, the buyer must send any clear statement of his will to withdraw from the purchase contract, within the statutory period according to the provisions of Section 1829, paragraph 1 of the Civil Code on the right to withdraw from the purchase contract.
In case of withdrawal from the purchase contract, the goods must be returned by the buyer to the seller within fourteen (14) days of delivery of the withdrawal from the purchase contract to the seller.
The buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned due to their nature by the usual postal route.
The seller will return the funds received from the purchase within fourteen (14) days of withdrawing from the purchase contract and receiving the returned goods back. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him. The seller is entitled to unilaterally offset the claim for payment of damage caused to the goods against the buyer's claim for a refund of the purchase price.
In the event of withdrawal from the purchase contract, the consumer is entitled to a refund of the transport costs only in the lowest amount offered.
Goods including all free gifts and batteries can be sent via the Erosstar claim form. The goods are sent via Zásilkovna or to the address of the establishment. Goods sent by the buyer on cash on delivery or to the registered office of the company, if it is different from the address of the establishment, will not be taken into account.
V. Exchange of Goods
The Seller allows the exchange of Goods purchased by the Buyer. And under the following conditions:
- Goods can be exchanged within 14 days of purchase.
- The conditions specified in Article IV apply to the exchange of Goods. business conditions.
The buyer can use the online form on the store's web portal. Exchange of goods in our store is possible by agreement.
VI. Rights from defective performance (Complaint)
The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular 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).
1. Reporting a product defect
The buyer is obliged to inspect the goods without undue delay after delivery and notify the seller of any detected defects.
In his notice, the buyer must state what defects were found in the purchased goods.
2. Exercising the right from product defects
To exercise rights, the Buyer can use the online complaint form available on the store's web portal.
In the form it is necessary to indicate:
- Order Number;
- Advertised goods;
- Reason for complaint;
- Email and phone for communication;
- Method of sending defective goods.
The buyer has the option to send the goods to the Erosstar claims department free of charge via the online form in the store's claim form.
To apply for free shipping, you must select the shipping option via Zásilkovna. After the form has been successfully sent, the Buyer will receive a shipping label from Zásilkovna to the filled-in email address.
The buyer can make a claim in person at any Erosstar outlet during its normal operating hours. Delivery of the claimed product will be confirmed by a claim protocol issued by Erosstar.
The buyer can send defective goods at his own expense. For delivery, he will use the contact address of the complaints department contained in the General Terms and Conditions. The buyer will send the shipment by registered mail, not by cash on delivery.
After filling out and sending the form for exercising the right to product defects, the Buyer will receive a confirmation of its receipt from us at the indicated e-mail.
The seller has the right to refuse to accept the goods for a claim if the goods are dirty or do not meet the basic hygiene requirements.
The goods handed over for a claim will be tested only for the defect indicated by the buyer.
3. Deadlines for applying and handling complaints
All goods sold are subject to a legal warranty period of twenty-four (24) months, unless otherwise stated. The warranty period begins on the day the buyer receives the goods.
The buyer shall exercise (complain about) his rights from defective performance without undue delay after discovering that the goods are defective. The seller is not responsible for increasing the extent of damage if the buyer uses the goods, although he knows about the defect.
In accordance with the Civil Code, the Seller undertakes to handle the claim, including the removal of the defect, without undue delay, no later than thirty (30) calendar days from the date of receipt of the written claim.
4. Termination of complaint
After handling the complaint, the Buyer will be notified of the termination of the complaint via the e-mail selected by the Buyer.
If the claimed goods were sent to the Seller for a claim by the carrier, they will be automatically sent to the Buyer's address after it has been processed, along with a confirmation of the date and method of processing the claim.
In the event that the complaint is recognized as justified and the Buyer legitimately requests a refund of the purchase price as a way of handling the complaint, the Seller will send the purchase price paid in cash to the Buyer back to the bank account or payment card.
If the complaint is resolved by exchanging the goods, a new period for exercising rights from defective performance does not run, but the term of the claimed goods continues to run.
5. Liability for defects
The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
- the goods have the properties agreed upon by the parties;
- the goods are suitable for the purpose that the seller states for their use;
- the goods are in the appropriate quantity, measure or weight;
- the goods comply with the requirements of legal regulations.
6. Exclusions from liability for defects
Rights from defective performance also do not belong to the Buyer if the Buyer knew before taking over the Goods that the Goods had a defect, or if the Buyer caused the defect himself, in particular in the following ways:
- normal wear and tear of goods,
- mechanical damage to the goods and electrical overvoltage,
- improper use or improper storage,
- unprofessional handling or neglect of the care of the goods,
- excessive loading or use in violation of the conditions,
- modifications of the goods by the customer,
- natural elements or force majeure.
7. Method of solution – Goods damaged during transport
If the shipment is not visibly damaged, but the goods are damaged after unpacking the shipment, it is necessary to contact the Seller immediately after receipt, no later than five (5) working days after receiving the shipment.
8. Method of solution - Received an incomplete order or wrongly sent goods
To resolve the situation when the Buyer received an order where the goods were missing or there was a confusion (type, color, size) or received goods that he did not order, we recommend that the Buyer immediately contact the Seller.
The Seller and the Buyer will resolve the exchange of goods with a free exchange or withdrawal from the purchase contract.
VII. Problem solving
According to Act No. 634/1992 Coll., on consumer protection, as amended, the buyer who is a consumer has the right to an out-of-court settlement of a consumer dispute from a purchase contract or from a contract for the provision of services. The entity that is authorized to conduct out-of-court dispute resolution is the Czech Trade Inspection. More information is available on the website www.coi.cz. An out-of-court settlement of a consumer dispute is initiated exclusively at the consumer's suggestion, and only if the dispute could not be resolved directly with the seller. The proposal can be submitted no later than 1 year from the day the consumer exercised his right, which is the subject of the dispute, with the seller for the first time.
The consumer has the right to initiate out-of-court dispute resolution online through the ODR platform available at ec.europa.eu/consumers/odr/.
This procedure is not a mediation pursuant to Act No. 202/2012 Coll., on mediation, as amended, nor an arbitration proceeding pursuant to Act No. 216/1994 Coll., on arbitration proceedings and enforcement of arbitration awards, as amended, and its use is not the right of the parties to address their claims to the Czech Trade Inspection or to the court is affected. During the duration of the negotiations on the out-of-court settlement of the dispute, the statute of limitations and preclusion periods according to the Civil Code do not run or begin to run, until one of the parties to the dispute expressly refuses to continue the negotiations. Monitoring of compliance obligations under Act No. 634/1992 Coll., on consumer protection, as amended, are carried out by the Czech Trade Inspection (www.coi.cz).
Mutual disputes between the seller and the buyer are resolved by the general courts.
VIII. Customer's account
When registering and when ordering goods, the buyer is obliged to provide correct and truthful information. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account and acknowledges that the seller is not responsible for the buyer's breach of this obligation.
The seller can cancel the user account, especially if the buyer does not use his user account for more than 1 year, or if the buyer violates his obligations under the purchase contract as set out in these GTC.
IX. Take-back of electrical appliances
The customer is entitled to return electrical equipment, electrical waste or batteries or accumulators to collection points designated for the collection of said waste in the relevant municipality.
Electrical equipment, electrical waste, batteries and accumulators must not be disposed of together with mixed waste, but must be deposited in places designated for this, i.e. in collection yards or their take-back places, for example in the places mentioned above. The mentioned equipment and waste will be further used for the production of new equipment. Hazardous and harmful substances from these devices and waste can harm the environment or human health.
X. Final Provisions
The purchase contract, including the terms and conditions, is archived by the Seller in electronic form and is not accessible to third parties.
If the relationship related to the use of the website or the legal relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.
If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
The seller can change or supplement the wording of the GTC. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the General Terms and Conditions.
Provisions deviating from the General Terms and Conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the General Terms and Conditions.
These General Terms and Conditions are valid from 06.01.2023 and cancel the validity of the previous General Terms and Conditions.