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    General Terms and Conditions

    General terms and conditions

    Hahn a syn s.r.o., VAT:CZ07882076, with registered office in Lelkova 186/4, 747 21 Kravaře, Czech Republic
     

    1. Preamble

    These General Terms and Conditions (hereinafter referred to as GTC) apply to purchases in the online store https://www.hahn-profi.com/, which is operated by Hahn a syn s.r.o., VAT:CZ07882076, with registered office at Lelkova 186/4, 747 21 Kravaře, registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, Insert 77562(hereinafter referred to as the "Seller") and its business partners (hereinafter referred to as the "Buyer").
     
    All contractual relations are concluded in accordance with the legal order of the Czech Republic. By placing an order, the Buyer confirms that he/she has read these Terms and Conditions, of which the Complaints Procedure forms an integral part, and that he/she agrees to them. The Buyer shall be sufficiently notified of these terms and conditions prior to the actual execution of the order and shall have the opportunity to familiarize himself with them.

     

    2. Definition

    1. Seller
     
    The Seller is (company) Hahn a syn s.r.o., VAT:CZ07882076, with registered office at Lelkova 186/4, 747 21 Kravaře,
    registration in the Commercial Register maintained by the Regional Court in Ostrava, Section C, Insert 77562

    2. Buyer

    The buyer is a consumer or business.

    A Buyer is a natural person who, when concluding and performing the Purchase Contract with the Seller, is not acting within the scope of his/her trade or other business activity or within the scope of independent exercise of his/her profession. When initiating business relations, the Buyer shall only provide the Seller with his contact details necessary for the smooth execution of the order, or the details he wishes to have on the purchase documents.

    Legal relations of the Seller with the consumer not expressly regulated by these GTC are governed by the relevant provisions of Act No. 40/1964 Coll., the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, both as amended, as well as related regulations.

    Entrepreneur: 
    • a person registered in the commercial register (mainly companies),
    • a person who operates on the basis of a trade licence (a sole trader registered in the Trade Register),
    • a person who carries on business on the basis of a licence other than a trade licence under special regulations (this includes, for example, the liberal professions such as the legal profession, etc.)
    • a person who carries out agricultural production and is registered in the register according to a special regulation.

    Legal relations of the Seller with the Buyer, who is an entrepreneur, not expressly regulated by these GTC or the Contract between the Seller and the Buyer are governed by the relevant provisions of Act No. 513/1991 Coll., Commercial Code, as amended, as well as related regulations.

    The Seller's Individual Contract with the Buyer is superior to the Terms and Conditions. 

    3. Consumer Contract

    Purchase contract, contract for work, or other contracts under the Civil Code, if the contracting parties are on the one hand the consumer and on the other hand the supplier, or the Seller.
     

    3. Processing of personal data

    All handling of the Buyer's personal data is governed by Act No. 101/2000 Coll., on the protection of personal data, as amended, and other laws and regulations in force in the Czech Republic. The Buyer freely decides (by pressing the button) that he is aware of all the above facts and agrees to further processing of his personal data for the purposes of the business activities of the seller of this eshop. The provision of personal data is voluntary, you have the right to access the data and you are entitled to protection of your rights to the extent provided by law. You may withdraw this consent in writing at any time. Personal data will be fully secured against misuse. Data will be stored and not shared with third party applications.

    By providing personal data and clicking on the confirmation icon, the Buyer voluntarily agrees that the data provided in the scope that he/she has filled out in a particular case or that were obtained about him/her on the basis of the concluded Purchase Agreement or in the context of browsing the Seller's website, will be processed by the Operator and the Seller, whose data are listed in the Preamble to these Terms and Conditions, as the controller for the purpose of offering the services and products of the controller, sending information about the activities of the controller, including by electronic means (in particular e-mail, SMS messages, telemarketing) in accordance with Act No. 480/2004 Coll., for the period until the withdrawal of this consent ( e.g. by sending any message to the email: info@hahn-sohn.com). The controller may delegate the processing of the above personal data to a third party as a processor. The controller hereby informs the data subject and provides him/her with explicit instructions on the rights arising from Act No. 101/2000 Coll., on the protection of personal data, i.e., in particular that the provision of personal data to the controller is voluntary, that the data subject has the right to access them, has the right to revoke the above consent at any time in writing at the address of the controller, and further has the right to contact the Office for Personal Data Protection in the event of a violation of his/her rights and to request appropriate remedies, which are, for example. The data subject shall be entitled to the following remedies: refraining from such actions by the controller, elimination of the situation, apology, correction or completion, blocking, destruction of personal data, payment of monetary compensation, as well as the exercise of other rights arising from Sections 11 and 21 of this Act. If the Buyer wishes to correct the personal data processed about him by the Seller, he may request it at the email address info@hahn-profi.com or at the above mentioned postal address of the Seller. 

     

    4. Order and conclusion of a Contract

    The Buyer is entitled to send the order to the Seller only through the ordering system of the e-shop.

    The proposal to conclude the Purchase Contract is the placement of the offered goods by the Seller on the site, the Purchase Contract is formed by the sending of the order by the Buyer consumer and the acceptance of the order by the Seller. The Seller will immediately confirm this acceptance to the Buyer by an informative email to the specified email, but this confirmation does not affect the formation of the Contract. The resulting Contract (including the agreed price) may only be amended or cancelled by agreement of the parties or on legal grounds.

    For capacity and economic reasons, the Seller is not able to store some types of lesser-sold goods for a long period of time. When ordering goods above the amount of 20000,- EUR, the Buyer undertakes to pay the Seller a deposit of 50% of the sale price of the goods. The Seller is obliged to order the goods from the Supplier only at the moment of payment of the full amount of the deposit by the Buyer. For the payment of the deposit, the Seller accepts the payment terms set out in Part 6 of these GTC, under the items Transfer. The deposit is refundable only if the Seller is unable to ensure delivery of the goods to the Buyer.

    These GTC are drawn up in the Czech language, while the purchase contract can also be concluded in English, German or Czech language. A consumer who has a permanent residence in a member state of the European Union outside the Czech Republic, or who is a citizen of a member state of the European Union outside the Czech Republic, by confirming the order agrees to conclude the purchase contract in the listed languages. After the conclusion of the purchase contract, it is not possible to ascertain whether any errors occurred in the processing of data prior to placing the order or to correct such errors.

    The concluded purchase contract is archived by the Seller and is accessible to the Buyer upon request within 1 year from the date of its signing.

    Gifts on www.hahn-profi.com are always related to one order only. In case of ordering more than one item with a gift flag, the gifts are not added together. For each order, the customer will always receive only one gift, or, if requested, multiple gifts of lesser value that the customer would have received when purchasing individual products. The more valuable the order, the more valuable the gifts can be selected, but as a standard, the customer will always receive only one gift per order.

    Gifts are only for end customers who buy without discounts.

    Custom-made goods

    In the case of ordering custom-made goods (industrial power units), the Buyer is obliged to pay a deposit of 50% of the selling price of the goods. If the goods are customised, the deposit is non-refundable. In this case, the 14-day period for withdrawal from the purchase contract and subsequent return of the goods cannot be applied.

    The delivery time in this case is only indicative and may be extended.

     

    5. Price and payment
     
    The Seller fulfils the delivery of the goods by handing over the goods to the Buyer or by handing over the goods to the transport company, thus also the risk of damage to the goods passes to the Buyer. The availability of a product is always stated in the details of that product. The delivery time is dependent on the availability of the product, payment terms and delivery conditions. In normal cases we will dispatch the goods within 7 working days of payment of the full purchase price. The delivery does not include installation of the purchased goods.Together with the shipment, the Buyer receives a tax document/invoice.

    The Buyer acknowledges that there may be cases where no contract is concluded between Hahn a syn s.r.o. and the Buyer, in particular in the case where the Buyer orders goods at a price published in error due to an error in the internal information system of Hahn a syn s.r.o., Hahn a syn s.r.o. is entitled to withdraw from the purchase contract, even after the Buyer has received an e-mail confirming his order. In such a case, Hahn a syn s.r.o. shall inform the Buyer of such fact. Examples of when an incorrectly published price may occur are in particular the following: 

    • the price of the goods is incorrect at first sight (e.g. it does not take into account the purchase price);
    • the price of the goods is missing or missing one or more digits;
    • the discount on the goods exceeds 50% without the goods being part of a special marketing campaign or sale marked with a special symbol.
    • Hahn a syn s.r.o. points out that the information system of Hahn a syn s.r.o. automatically indicates that goods with an apparently incorrect price are discounted or on sale, etc. Therefore, in case of doubt whether the goods are actually discounted or whether there is an obvious error in the price of the goods, the Buyer is obliged to contact Hahn a syn s.r.o. and verify the correctness of the price.

    The delivery period begins for goods that will be paid by the Buyer upon receipt, i.e. on delivery, on the date of valid conclusion of the Purchase Contract according to Article 4 of these GTC. In case the Buyer has chosen a payment option other than payment of the goods upon receipt, the delivery period starts only from the full payment of the purchase price, i.e. from the crediting of the relevant amount to the Seller's account.

     

    6. Method of payment and transport

    The order can be paid:

    • bank transfer
    • Paypal
    • online with card
    • in cash upon personal collection

    Methods of transport:

    • DPD
    • Geis Cargo
    • DHL
    • FedEx

    7. Warranty and service

    For the sale of consumer goods, the guarantee period is 24 months. If the goods sold, their packaging or the instructions accompanying them are marked with a time limit for the use of the goods in accordance with special legislation, the guarantee period shall expire on the expiry of that time limit.

    The warranty does not cover wear and tear caused by normal use. For items sold at a lower price, the warranty does not cover defects for which the lower price was agreed. In the case of second-hand goods, the seller is not liable for defects corresponding to the degree of use or wear and tear the goods had when the buyer took them over.
    In accordance with the applicable law of the Czech Republic, the Buyer, who is an entrepreneur and purchases goods in connection with his business, is not provided with a guarantee for goods beyond the general liability of the Seller for defects in the goods upon delivery. Buyers who are entrepreneurs and purchase goods in connection with their business activities are provided with a warranty period of 12 months.

    In order to apply for warranty repairs, it is necessary to present a purchase document (receipt, invoice, lease agreement) or a warranty certificate. In case of sending the goods to the Seller, it is necessary to pack the goods for transport in such a way as to prevent damage during transport.

     

    8. Complaints Procedure

    In the event that a defect occurs during the warranty period, the Buyer shall, depending on the nature of the defect, have the following rights in exercising the warranty:

    in case of a removable defect:

    a.) the right to free, proper and timely rectification of the defect
    b.) the right to have defective goods or defective parts replaced, unless this is disproportionate to the nature of the defect
    c.) in case of impossibility of the procedures mentioned in a.) and b.), he has the right to a reasonable discount on the purchase price or withdrawal from the purchase contract

    in case of irremovable defects:

    a.) the right to replace the defective goods or to withdraw from the purchase contract in the case of a removable defect, if the Buyer cannot use the goods properly due to the recurrence of the defect after repair (i.e. the goods have already been claimed 3 times for the same defect) or due to a greater number of defects
    b.) the right to have defective goods replaced or to withdraw from the purchase contract if the defects are other than irremediable and the consumer does not request replacement:
    c.) the right to a reasonable discount on the purchase price or to withdraw from the purchase contract

    If a customer makes a complaint, we as the seller bear the transport costs. However, if the complaint is not recognised (for example, the customer has not followed the operating instructions), we as the seller may demand the transport costs from the customer
     
    Complaints do not apply in cases of:

    • If the user has failed to comply with the instructions in this manual.
    • If the product features damaged or missing identifications stickers or labels, serial numbers, etc.
    • If product malfunction was due to improper transportation, storage and maintenance.
    • In case of mechanical damages (cracks, chips, impact and fall marks, deformation of housing, power cord, plug or any other components), including those resulting from the freezing of water (ice formation), provided there are foreign objects inside the unit.
    • If the product has been improperly installed and connected veto the mains supply or misused.
    • If the claimed malfunction cannot be diagnosed or demonstrated.
    • If proper operation of the product can be restored following cleaning from dust and dirt, appropriate adjustment, maintenance, oil change, etc.
    • If the product is used for business related purposes.
    • If faults are detected, which have been caused by product overload. Signs of overload are molten or discolored parts as a result of high temperatures, damaged cylinder or piston surfaces, degraded piston rings or connecting rod bushes.
    • The warranty does not cover the failure of the product automatic voltage regulator due to careless handling or mishandling.
    • If faults are detected, which have been caused by instability of the user's power grid.
    • If there are faults caused by contamination or fouling such as contamination of the fuel, oil or cooling system.
    • If electrical cables or plugs show signs of mechanical or thermal damage.
    • In the event of foreign liquids and objects, metal chips, etc. inside the product.
    • If the malfunction is caused by the use of non-original spare parts and materials, oils, etc.
    • If there are two or more faulty units that are not interconnected.
    • If the damage was caused by natural factors such as dirt, dust, humidity, high voltage or low temperature, natural disasters.
    • In case of simultaneous failure of the rotor and stator.
    • For wear parts and accessories (spark plugs, nozzles, pulleys, filter and safety elements, batteries, detachable, belts, rubber seals, clutch springs, axles, hand starters, grease, mountings, working surfaces, hoses, chains and tires).
    • To preventive maintenance (cleaning, greasing, washing), installation and adjustment.
    • If the product was tampered with, independently repaired or modified.
    • In case of malfunctions resulting from normal wear and tear as a result of long-term use (end of life).
    • If product operation was not stopped and continued after detecting a malfunction.
    • Batteries supplied with equipment are covered by a warranty of three months.
    • When using low-grade or inappropriate fuel. 

     

    9. Refund of money and goods

    We recommend returning the goods in undamaged packaging. The packaging is neither the object of purchase nor part of the purchased item. Nevertheless, Hahn a syn s.r.o. is entitled to compensation for the costs actually incurred in returning the goods. These costs are always individually assessed and as such are then charged to the customer and added to the amount of the returned goods.

    Compliance with the 14-day deadline

    The time limit is determined by when the withdrawal is sent. Thus, the withdrawal period is deemed to have been observed if the consumer sends the trader a notice of withdrawal within the withdrawal period.
    The withdrawal period lasts 14 calendar days, not working days, and starts on the calendar day following the day on which the consumer takes delivery of the goods (e.g. if the consumer takes delivery of the goods on a Friday, the withdrawal period starts on Saturday inclusive).

    What documents to attach?
    We recommend that you always attach a document to the returned goods to confirm that you have purchased the goods from us and to make it easier for us to identify the goods and the request. The best option is to send a copy of the invoice.
    As soon as possible after sending this cancellation, you need to hand over the purchased goods to us. In this case, there is no right to reimbursement of the necessary costs associated with the transport of the goods to the Seller.

    WHERE TO RETURN THE GOODS
    1.   You can return the goods in store:

    Address:
    Hahn a syn s.r.o.
    Bolatická 2045/39
    747 21
    Kravaře
    Czech Republic

    2.    You can also exercise your right to return the goods in writing by withdrawing from the contract and sending the goods to: Hahn a syn s.r.o. Bolatická 2045/39; 747 21 Kravaře; Czech Republic
    3.   Please restore the goods to their original condition if possible, this will prevent the possible reduction of the refund amount by the cost of restoring the goods to their original condition. Please pack the returned goods well to avoid damage during transit.
    4.   We will send the money for the goods to your account as soon as possible, but no later than 14 days from the date of withdrawal from the contract, but not before the returned goods are delivered back to our complaints department (or before you prove that the returned goods have already been sent to us). In this case, the costs of returning the goods are borne by the Buyer.

    The 14-day period for withdrawal from the purchase contract and subsequent return of the goods cannot be applied to goods that are customized, as the 14-day return period does not apply to such goods. This applies in particular to customised fireplace inserts and heaters.

    In case of return of goods by the Buyer to the Seller within 14 days, the Buyer shall pay the cost of postage. 

    We are also only human and sometimes mistakes happen during dispatch. Therefore, please check before use that the product is indeed the one you have chosen (brand, type, shade, pack size). Once opened and used, the item cannot be removed and exchanged for the correct one.

     

    A BRIEF OVERVIEW AT THE END
    * it is possible to withdraw from the purchase contract within 14 calendar days
    * the 14-day period starts on the next calendar day after receipt of the goods if the period ends on a weekend or holiday, the next working day is the last day of the period
    * the withdrawal must be sent to the supplier no later than the last day of the 14-day period
    * the right to withdraw from the contract without giving any reason within 14 days expires upon unpacking and use of the goods
    * it is also possible to return used goods within the 14-day period, but the supplier is again entitled to reimburse the costs associated with restoring the goods to their original condition. These costs can theoretically reach the full price of the goods
    * we will refund the money within 14 calendar days of withdrawal, but not before we receive the returned goods (or before you prove that the returned goods have already been sent to us)

     

    10. Termination of the Contract

    Due to the nature of the conclusion of the Purchase Contract via distance communication, the Buyer, who is a consumer, has the right to withdraw from this Contract without any penalty within 14 days of receipt of the goods. Furthermore, the Buyer who is a consumer has the right to withdraw from the Contract in accordance with the provisions of Section 53 (7) and (8) of Act No. 40/164 Coll., Civil Code, as amended. The above does not apply to a Buyer who is an entrepreneur and concludes the Purchase Contract in connection with his business activity. In the event of the aforementioned withdrawal from the Contract, the Seller shall send the purchase price to the Buyer's bank account, which the Buyer shall notify to the Seller for this purpose.

     

    11. Final provisions 
    The Buyer shall allow the Seller to perform its obligations in accordance with the Offer/Contract, for which it shall provide all necessary cooperation.

    The Buyer agrees to pay all costs incurred by the Seller in sending reminders and the costs associated with the recovery of any claims.

    The Buyer acknowledges that the Seller is entitled to assign its claim under the Contract to a third party.

    The Buyer shall promptly inform the Seller of any change in his/her identification data, no later than 5 working days from the date of such change.

    The parties agree to use their best efforts to amicably resolve any disputes arising out of or in connection with the Contract and/or the GTC.

    The mutual contractual relationship of the parties shall be governed by the law of the Czech Republic, in particular Act No. 40/1964 Coll., the Civil Code, as amended. For the purposes of contracting with an international element, in accordance with Article III of Regulation No. 593/2008 on the law applicable to contractual obligations, adopted by the European Parliament and the Council of the European Union on 17 June 2008 (hereinafter referred to as "Rome I"), they hereby choose Czech law as the law applicable to the Purchase Contract and these GTC, excluding the application of the "United Nations Convention on Contracts for the International Sale of Goods". This choice is without prejudice to Article VI Rome I concerning consumer contracts.

    In the event that any provision of the Agreement and/or the GTC is or becomes or is found to be invalid or unenforceable, this shall not affect (to the fullest extent permitted by law) the validity and enforceability of the remaining provisions of the Agreement and/or the GTC. In such cases, the parties undertake to replace the invalid or unenforceable provision with a valid and enforceable provision which shall, to the fullest extent permitted by law, have the same meaning and effect as was intended by the provision to be replaced. As a matter of legal prudence, the Parties hereby declare, for cases of contracting with an international element for any disputes (except for disputes over which the exclusive jurisdiction of the arbitrator is given and/or in connection therewith) or for cases in which it would be found by a final decision of a court that there is no jurisdiction of the arbitrator under this Article of the GTC, that in accordance with Art. 23 of Council Regulation (EC) No. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, which provides for the exclusive jurisdiction of the Regional Court in Ostrava to decide any future disputes arising out of and/or in connection with the Contract and/or the GTC. The Parties also hereby establish the exclusive jurisdiction of the Regional Court in Ostrava for all disputes in connection with the Contract and the GTC (except for disputes over which the arbitrator has exclusive jurisdiction and/or in connection therewith).

    These GTC come into force and effect on 1.1.2014 and are also available on the Seller's website. The Seller is entitled to change these GTC at any time. The GTC shall then cease to be valid and effective on the effective date of the later GTC.

    In the event that a consumer dispute arises between our company and a consumer under a contract of purchase or a contract for the provision of services, which cannot be resolved by mutual agreement, the consumer may submit a proposal for out-of-court settlement of such a dispute to the designated entity for out-of-court resolution of consumer disputes, which is the Czech Trade Inspection Central Inspectorate - ADR Department Štěpánská 15 120 00 Prague 2 Email: adr@coi.cz Website: adr.coi.cz