GENERAL TERMS AND CONDITIONS

These general terms and conditions (“Terms”) of HoloRing s.r.o., with its registered office at Školská 689/20, Nové Město, 110 00 Prague 1, ID No. 21085161, registered in the Commercial Register under file No. C 396638 maintained by the Municipal Court in Prague, email: info@holoring.eu, phone number: 736663690 (“We” or “Seller”), regulate, in accordance with the provision of § 1751 paragraph 1 of Act No. 89/2012 Coll., Civil Code, as amended (“Civil Code”), the mutual rights and obligations of you as buyers and us as sellers arising in connection with or on the basis of the purchase contract (“Contract”) concluded through the E-shop on the website www.holoring.eu.

All information about the processing of your personal data is contained in the Personal Data Processing Policy, which can be found here: www.holoring.eu/pages/gdpr

The provisions of these Terms are an integral part of the Contract. The Contract and the Terms are executed in the Czech language. We may unilaterally change or supplement the wording of the Terms. This provision does not affect the rights and obligations that arose during the period of effectiveness of the previous wording of the Terms.

As you know, we primarily communicate remotely. Therefore, our Contract is concluded in a remote manner through the E-shop environment and through the interface of the website (“E-shop web interface”).

If any part of the Terms contradicts what we have mutually approved in the course of your purchase in our E-shop, this specific agreement will take precedence over the Terms.

1. SOME DEFINITIONS

1.1. Price is the financial amount you will pay for the Goods;

1.2 Shipping Cost is the financial amount you will pay for the delivery of the Goods, including the cost of packaging;

1.3. Total Price is the sum of the Price and the Shipping Cost;

1.4. VAT is the value-added tax as per applicable legal regulations;

1.5. Invoice is a tax document issued in accordance with the value-added tax law for the Total Price;

1.6. Order is your binding proposal to enter into a Purchase Contract for the Goods with Us;

1.7. User Account is an account set up based on the information you provide, allowing the storage of entered data and keeping a history of ordered Goods and concluded Contracts;

1.8. You are the person purchasing in Our E-shop, referred to as the buyer in legal terms;

1.9. Goods are everything that you can purchase in the E-shop. 

2. GENERAL PROVISIONS AND INSTRUCTIONS

2.1. Purchasing Goods is possible only through the web interface of the E-shop.

2.2. When purchasing Goods, it is your obligation to provide Us with all information correctly and truthfully. Therefore, the information you have provided to Us in the Order will be considered correct and truthful.

2.3. On our E-shop, we also provide access to reviews of the Goods made by other consumers. We ensure and verify the authenticity of such reviews by linking them to specific orders, thus in our internal system, we can see the connected order ID with each review, enabling us to verify and demonstrate that the review comes from a real consumer.

3. CONCLUSION OF THE CONTRACT

3.1. A contract with Us can be concluded in Czech, English, German, French, and Spanish languages.

3.2. The contract is concluded remotely via the E-shop, and you bear the costs of using remote communication means. However, these costs do not differ from the basic rate you pay for using these means (i.e., mainly for internet access), so you should not expect any additional costs charged by Us beyond the Total Price. By sending the Order, you agree to our use of remote communication means.

3.3 To conclude a Contract with us, you need to create an Order on the E-shop. This proposal must include the following details:

a) Information about the Goods being purchased (you select the Goods you are interested in purchasing by clicking the "Add to Cart" button);

b) Information about the Price, Shipping Cost, method of payment for the Total Price, and requested method of Goods delivery; these details will be entered during the Order creation within the E-shop user interface, with the information about the Price, Shipping Cost, and Total Price automatically provided based on the Goods you have chosen, their delivery and payment method;

c) Your identification and contact details needed to deliver the Goods, especially your name, surname, delivery address, phone number, and email address.

3.4. During the creation of the Order, you can change and check the details until it is finalized. After verifying the details by clicking the "Order with obligation to pay" button, you complete the Order. However, before clicking the button, you must also confirm your acquaintance with and agreement to these Conditions; otherwise, the Order cannot be completed. A checkbox is used for confirmation and consent. By pressing the "Order with obligation to pay" button, all filled-in information will be sent directly to Us.

3.5. We will confirm your Order as soon as possible after it is received by sending a message to your email address provided in the Order. The confirmation will include a summary of the Order and these Conditions as an attachment to the email message. The Conditions in the version effective on the date of the Order, i.e., the version attached as an email confirmation attachment, form an integral part of the Contract. The Contract is concluded between Us and You by confirming the Order.

3.6. There may be cases where we cannot confirm your Order. This particularly applies to situations where the Goods are not available or when you order a larger number of items than what we can provide. However, we always provide information about the maximum number of Goods in the E-shop in advance, so this should not be surprising for you. If any reason arises that we cannot confirm the Order, we will contact you and send you an offer to conclude the Contract in a modified form compared to the Order. The Contract in such a case is concluded at the moment you confirm Our offer.

3.7. If a clearly incorrect Price is stated in the E-shop or in the Order, we are not obliged to deliver the Goods to you at this Price, even if you have received an Order confirmation and thus a Contract has been concluded. In such a situation, we will contact you immediately and send you an offer to conclude a new Contract in a modified form compared to the Order. The new Contract in such a case is concluded at the moment you confirm Our offer. An obvious error in the Price is considered, for example, when the Price does not correspond to the usual price at other sellers or a digit is missing or extra.

3.8. If a Contract is concluded, you are obliged to pay the Total Price.

3.9. If you have a User Account, you can make an Order through it. Even in such a case, however, you have the obligation to check the accuracy, truthfulness, and completeness of the pre-filled information. However, the method of creating the Order is identical to that for a buyer without a User Account, with the advantage being that there is no need to repeatedly fill in your identification details.

3.10. In some cases, we allow a discount on the purchase of Goods. To provide a discount, you need to fill in details about this discount in a predetermined field within the Order proposal. If you do so, the Goods will be provided to you with a discount.

4. USER ACCOUNT

4.1. Based on your registration in the E-shop, you can access your User Account.

4.2. When registering a User Account, it is your obligation to provide all information correctly and truthfully and to update it in case of any changes.

4.3. Access to the User Account is secured with a username and password. It is your responsibility to maintain confidentiality and not to provide these details to anyone. We bear no responsibility in case of misuse of these credentials.

4.4. The User Account is personal, and therefore, you are not authorized to allow its use by third parties.

4.5. We may cancel your User Account, especially if you do not use it for more than 24 months, or in case you breach your obligations under the Contract.

4.6. The User Account may not be continuously available, particularly in view of the necessary maintenance of hardware and software equipment.

5. PRICE AND PAYMENT CONDITIONS, RETENTION OF TITLE

5.1. The Price is always indicated in the E-shop, in the Order proposal, and of course, in the Contract. In case of a discrepancy between the Price indicated for the Goods in the E-shop and the Price indicated in the Order proposal, the Price stated in the Order proposal will apply, which will always be identical to the price in the Contract. The Shipping Cost is also indicated in the Order proposal, including the conditions for free shipping.

5.2. The Total Price is stated including VAT and all fees stipulated by law.

5.3. We will request payment of the Total Price from you after the conclusion of the Contract and before the delivery of the Goods. You can make the payment of the Total Price online by card. In this case, the payment is processed through the Shopify payments gateway, and the payment is subject to the conditions of this payment gateway, which are available at https://www.shopify.com/payments. In the case of online card payment, the Total Price is due by the following day after the Order confirmation.

5.4. The invoice will be issued in electronic form after the payment of the Total Price and will be sent to your email address. The invoice will also be physically attached to the Goods, sent to your email address, and available in your User Account.

5.5. The ownership right to the Goods passes to you only after you pay the Total Price and take over the Goods. In the case of online card payment, the Total Price is considered paid at the moment of the payment transaction.

6. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE

6.1. The Goods will be delivered to you no later than 30 days in the manner of your choice, where you can select from the following options:

a) Personal pickup at Zásilkovna and Uloženka collection points;

b) Delivery via transport companies Česká pošta, PPL CZ, DHL, Zásilkovna;

6.2. The delivery time of the Goods always depends on their availability and the chosen method of delivery and payment. The estimated delivery time of the Goods will be communicated to you in the Order confirmation. The time stated in these Conditions is only indicative and may differ from the actual delivery time.

6.3. Upon receipt of the Goods from the carrier, it is your responsibility to check the integrity of the Goods' packaging and to immediately report any defects to the carrier and Us. If there is damage to the packaging that indicates unauthorized manipulation and entry into the shipment, you are not obliged to accept the Goods from the carrier.

6.4. In case you breach your obligation to accept the Goods, except for the cases according to clause 6.4 of the Conditions, it does not constitute a breach of Our obligation to deliver the Goods to you. Also, your failure to accept the Goods does not constitute 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 substantial breach of the Contract or to store the Goods. If We decide to withdraw from the Contract, the withdrawal is effective on the day We deliver the withdrawal notice to you. Withdrawal from the Contract does not affect the claim for the Shipping Cost or the claim for compensation for damages, if any have occurred.

6.5. If the Goods are to be delivered repeatedly or in a different manner than agreed in the Contract due to reasons on your side, it is your obligation to reimburse Us for the costs associated with this repeated delivery. Payment details for these costs will be sent to your email address provided in the Contract and are due 14 days after the email is delivered.

6.6. The risk of damage to the Goods passes to you at the moment you take over them. In case you do not take over the Goods, except for the cases according to clause 6.4 of the Conditions, the risk of damage to the Goods passes to you at the moment you had the opportunity to take them over but did not due to reasons on your side. The transfer of the risk of damage to the Goods means that from this moment, you bear all consequences associated with the loss, destruction, damage, or any devaluation of the Goods.

6.7. In case the Goods were not listed as in stock in the E-shop and an indicative availability time was provided, We will always inform you in case of:

a) extraordinary production outage of the Goods, always providing you with a new expected availability time or information that it will not be possible to deliver the Goods;

b) delay in delivery of the Goods from Our supplier, always providing you with a new expected delivery time.

7. RIGHTS FROM DEFECTIVE PERFORMANCE

7.1. We guarantee that at the time of the transfer of the risk of damage to the Goods as per clause 6.7 of the Conditions, the Goods are without defects, in particular, the Goods:

correspond to the agreed description, type, quantity, as well as quality, functionality, compatibility, interoperability, and other agreed properties;

are suitable for the purpose for which you require them and with which we agree;

are delivered with agreed accessories and instructions for use, including instructions for assembly or installation;

are suitable for the purpose for which Goods of this kind are usually used;

in terms of quantity, quality, and other properties, including lifespan, functionality, compatibility, and safety, correspond to the usual properties of Goods of the same kind that you can reasonably expect, also considering public statements made by us or another person in the same contractual chain, especially in advertising or labeling;

are delivered with accessories, including packaging, assembly instructions, and other instructions for use that you can reasonably expect; and

correspond in quality or execution to the sample or model provided to you before the conclusion of the contract.

7.2. Rights and obligations regarding rights from defective performance are governed by the relevant generally binding legal regulations, particularly by the provisions of §§ 2099 to 2117 and §§ 2161 to 2174b of the Czech Civil Code (Občanský zákoník) and the Consumer Protection Act No. 634/1992 Coll., as amended, as well as by the relevant directives and regulations of the European Union where applicable

7.3. If the Goods have a defect, in particular, if any of the conditions according to clause 7.1 are not met, you can notify us of such a defect and claim rights from defective performance (i.e., make a complaint) by sending an email or letter to Our addresses listed in Our identification details, or in person at Školská 689/20, Nové Město, 110 00 Prague 1. You can also use a sample form provided by Us for the complaint, which forms Appendix No. 1 of the Conditions. In claiming rights from defective performance, it is necessary to choose how you want the defect to be resolved, and this choice cannot be changed subsequently without Our consent. We will handle the complaint in accordance with the right from defective performance claimed by you. 

7.4. If the Goods have a defect, you have the following rights:

a) to eliminate the defect by delivering new Goods without defects, or by delivering the missing part of the Goods; or

b) to eliminate the defect by repairing the Goods,

unless the chosen method of defect elimination is impossible or disproportionately costly compared to the other method, which is assessed especially considering the significance of the defect, the value that the Goods would have without the defect, and whether the other method can eliminate the defect without significant difficulties for you.

7.5. We are entitled to refuse to eliminate the defect if it is impossible or disproportionately costly, especially considering the significance of the defect and the value that the Goods would have without the defect.

7.6. Furthermore, you have the right to:

a reasonable discount from the Price; or

withdraw from the Contract, if:

we refuse to eliminate the defect or do not eliminate it in compliance with legal regulations;

the defect manifests itself repeatedly;

the defect is a substantial breach of the Contract; or

it is clear from our statement or from the circumstances that the defect will not be eliminated within a reasonable time or without significant difficulties for you.

7.7. The right to withdraw from the Contract does not apply if the defect of the Goods is insignificant.

7.8. If you have caused the defect in the Goods yourself, you are not entitled to rights from defective performance.

7.9. Wear and tear of the Goods caused by their usual use or in the case of used Goods, wear corresponding to the extent of their previous use is not a defect of the Goods.

7.10. When making a complaint, we will issue you a written confirmation, which will include:

the date when you made the complaint;

the content of the complaint;

the method of handling the complaint you request;

your contact details for the purpose of providing information about the handling of the complaint.

7.11. Unless we agree on a longer period, we will eliminate defects and provide you with information about the handling of the complaint within 30 days of receiving the complaint. If this period expires in vain, you may withdraw from the Contract or request a reasonable discount.

7.12 We will inform you about the handling of the complaint by email and issue a confirmation of the date and method of handling the complaint. If the complaint is justified, you are entitled to reimbursement of reasonably incurred costs. These costs must be proven by you, for example, by receipts or confirmations of the price of transport. In case the defect is eliminated by delivering new Goods, it is your obligation to return the original Goods to Us, but we bear the costs of this return.

7.13. If you are entrepreneur, it is your obligation to report and identify the defect without undue delay after you could have discovered it, but no later than three days after receiving the Goods.

7.14 If you are a consumer, you have the right to claim rights from defective performance for a defect that occurs in consumer Goods within 24 months of receiving the Goods.

8. WITHDRAWAL FROM THE CONTRACT

8.1. Withdrawal from the Contract, meaning the termination of the contractual relationship between Us and You from its inception, can occur for reasons and in ways mentioned in this article, or in other provisions of the Conditions where the possibility of withdrawal is expressly stated.

8.2. If you are a consumer, meaning a person buying Goods outside the scope of your business activities, in accordance with §1829 of the Czech Civil Code (Občanský zákoník) and relevant directives and regulations of the European Union where applicable, you have the right to withdraw from the Contract without stating a reason within 14 days from the date of conclusion of the Contract, or if it concerns the purchase of goods, then within fourteen days of their receipt. In case We have concluded a Contract, the subject of which is several pieces of Goods or the delivery of several parts of Goods, this period starts running from the day of delivery of the last piece or part of the Goods, and in case We have concluded a Contract, based on which We will deliver Goods to You regularly and repeatedly, it starts from the day of the first delivery.

8.3. You can withdraw from the Contract in any verifiable way (especially by sending an email or a letter to Our addresses stated in Our identification details). You may also use a sample form provided by Us for withdrawal, which forms Appendix No. 2 of the Conditions.

8.4. However, even as a consumer, you cannot withdraw from the Contract in cases where the subject of the Contract is the performance stated in § 1837 of the Czech Civil Code (Občanský zákoník), while also respecting relevant European Union regulations.

8.5. The deadline for withdrawal according to clause 8.2 of the Conditions is considered to be met if you send us notification that you are withdrawing from the Contract during this period.

8.6. In case of withdrawal from the Contract according to clause 8.2 of the Conditions, you are obliged to send the Goods to Us within 14 days of the withdrawal and bear the costs associated with returning the Goods to Us. Conversely, you are entitled to have Us refund the Shipping Cost, but only up to the amount corresponding to the cheapest offered method of delivery of the Goods that We offered for the delivery of the Goods. In case of withdrawal due to Our breach of the concluded Contract, We bear the costs associated with returning the Goods to Us, again only up to the Shipping Cost corresponding to the cheapest offered method of delivery of the Goods that We offered for the delivery of the Goods.

8.7. In case of withdrawal from the Contract, the Price will be refunded to you within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account selected in the withdrawal from the Contract. However, the amount will not be refunded before We receive the Goods, or you prove to Us that it has been sent back to Us. Please return the Goods to Us clean, if possible, including the original packaging.

8.8. In case of withdrawal from the Contract according to clause 8.2 of the Conditions, you are liable to Us for any reduction in the value of the Goods resulting from handling the Goods in a way other than necessary to familiarize yourself with the nature, properties, and functionality of the Goods, i.e., in a manner that you would familiarize yourself with the Goods in a physical store. 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.

8.9. 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 related to the nature of the Goods), even before the expiration of the period stated in clause 6.1 of the Conditions. We may also withdraw from the Contract if it is apparent that you have intentionally provided incorrect information in the Order. In case you are purchasing goods within the scope of your business activities, i.e., as an entrepreneur, We are entitled to withdraw from the Contract at any time, even without stating a reason.

9. RESOLUTION OF CONSUMER DISPUTES

9.1. We are not bound by any codes of conduct in relation to buyers as per the provision of § 1826 paragraph 1 letter e) of the Czech Civil Code.

9.2. We handle consumer complaints through the email address info@holoring.eu. Information about the handling of complaints will be sent to the buyer's email address.

9.3. The Czech Trade Inspection Authority, located at Štěpánská 796/44, 110 00 Prague 1, ID No. 000 20 869, website: http://www.coi.cz, is competent for the out-of-court resolution of consumer disputes arising from the Contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used for resolving disputes between the seller and the buyer who is a consumer, from a purchase contract concluded by electronic means.

9.4. The European Consumer Centre Czech Republic, located at Štěpánská 796/44, 110 00 Prague 1, website: http://www.evropskyspotrebitel.cz, is the contact point according to the Regulation of the European Parliament and of the Council (EU) No. 524/2013 of 21 May 2013, on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on Online Consumer Dispute Resolution).

10. FINAL PROVISIONS

10.1. PIf Our legal relationship with You includes an international element (for example, if we are shipping goods outside the territory of the Czech Republic), the relationship will always be governed by Czech law. However, if you are consumers, this agreement does not affect your rights arising from legal regulations.

10.2. All written correspondence with You will be delivered via email. Our email address is listed in Our identification details. We will deliver correspondence to Your email address stated in the Contract, in the User Account, or through which You have contacted us.

10.3. The Contract can only be amended based on our written agreement. However, we are entitled to change and supplement these Conditions, but this change will not affect already concluded Contracts, but only Contracts that will be concluded after the effectiveness of this change. We will inform you of the change only if you have a User Account (so that you have this information in case you order new Goods, but the change does not establish the right to terminate, as we do not have a Contract that could be terminated), or if we have to deliver Goods to you regularly and repeatedly based on the Contract. We will send you information about the change to your email address at least 14 days before the change takes effect. If we do not receive a termination of the concluded Contract for regular and repeated deliveries of Goods from you within 14 days of sending information about the change, the new conditions become part of our Contract and apply to the next delivery of Goods following the effectiveness of the change. The notice period in case you submit a notice is 2 months.

10.4. In the event of force majeure or unforeseeable events (natural disaster, pandemic, operational breakdowns, supplier outages, etc.), we are not responsible for damage caused as a result of or in connection with cases of force majeure, and if the state of force majeure lasts for more than 10 days, both We and You have the right to withdraw from the Contract.

10.5. The Conditions include a sample form for complaints and a sample form for withdrawal from the Contract.

10.6. The Contract, including the Conditions, is archived in electronic form by Us but is not accessible to You. However, you will always receive these Conditions and the Order confirmation with a summary of the Order by email, so you will always have access to the Contract without Our cooperation. We recommend always saving the Order confirmation and Conditions.

10.7. These Conditions take effect on 19.1.2024.