Terms & Conditions
Effective from 15 September 2018 · HOTHESS s.r.o., ID 06734481
1. General Provisions
1.1 These Terms and Conditions govern the conclusion of contracts between us as the merchant and you as the customer, and set out our mutual rights and obligations. They became effective on 15 September 2018.
1.2 Definitions:
- We / Us — HOTHESS s.r.o., Vítová 122, 763 16 Fryšták, Czech Republic, Company ID 06734481, VAT ID CZ06734481, registered at the Regional Court in Brno, Section C, File 103974.
- You / Customer — the other contracting party: a consumer, non-trading legal entity, or trader.
- Online Shop — our web interface at www.hothess.cz.
- Contract — a contract for work concluded in accordance with these Terms.
1.3 These Terms form an integral part of every contract. Specific contractual arrangements take precedence over these Terms.
1.4 All legal relationships are governed by Czech law. Disputes are subject to the jurisdiction of Czech courts.
1.7 Complaints may be resolved out of court via the Czech Trade Inspection Authority (www.coi.cz), by e-mail, by phone, or in person by prior arrangement.
1.8 Supervisory authorities: Czech Trade Inspection Authority, trade licensing offices, and the Office for Personal Data Protection.
2. Conclusion of Contracts
2.1 Orders are placed by submitting an inquiry through the contact form or by e-mail. Submitting an inquiry does not constitute concluding a contract.
2.2 A contract is concluded when you accept our offer in writing within 5 days of receiving it.
2.4 Your inquiry must include: the service required, preferred payment and delivery method, and your identification details (name, address, phone number, and Company ID / VAT ID if applicable).
2.6 Once a contract is concluded, we will send you written confirmation by e-mail, including the contract content and these Terms.
2.7 Contracts are concluded in Czech and English.
3. Concluded Contracts and Their Content
3.1 Concluded contracts cannot be unilaterally amended or cancelled.
3.2 We are obliged to produce and deliver the agreed work. You are obliged to accept the goods and pay the total price.
3.3 Materials necessary for the work are procured at our expense (included in the price), unless your requirements lead to additional material needs.
3.4 Print files and other materials must be provided before production begins. We will notify you of any unsuitable materials.
3.5 You declare that you hold all necessary intellectual property rights to the materials you provide.
3.6 In the event of third-party claims arising from materials you provided, you agree to defend us and compensate any resulting damages.
4. Payment Terms
4.1 Payment is accepted by bank transfer or cash on delivery.
4.2 Where payment is due before delivery, the payment deadline is 5 days from contract conclusion.
4.3 Where agreed, production will not begin until payment is received.
5. Delivery Terms
5.1 Goods are delivered by courier or handed over in person by prior arrangement.
5.2 Ownership transfers upon receipt of goods and full payment.
5.4 If you fail to collect goods, a storage fee of CZK 10 per day applies, not exceeding the total value of the goods.
5.6 Consumers — report damaged goods immediately by e-mail or phone.
5.8 Traders — risk passes upon handover to the carrier; damage must be claimed with the carrier.
6. Right of Withdrawal
6.1 The right to withdraw without reason does not apply — all goods are manufactured to order in accordance with Section 1837(d) of the Czech Civil Code.
7. Complaints — Consumer and Non-Trading Entity
7.2 Warranty period: 2 years from receipt of goods.
7.3 We are liable for defects present at the time of handover and for the goods conforming to the contract.
7.5 We are not liable for defects caused by normal wear and tear, by the customer, or known to the customer before purchase.
7.6 Remedies: free repair, replacement goods, withdrawal from contract, or a price reduction.
7.9 How to file a complaint: send goods to our address or bring them in person by prior arrangement.
7.11 Resolution deadline: 30 days for consumers, 40 days for non-trading entities.
8. Complaints — Trader
8.2 We are liable for defects existing at the time risk passes, except for defects apparent upon contract conclusion.
8.3 Warranty period: 2 years from receipt; extended quality warranty of 6 months unless otherwise agreed.
8.6 Material breach: right to replacement goods, repair, price reduction, or withdrawal.
8.7 Minor breach: right to repair or price reduction.
8.11 Resolution deadline: 40 days.
9. Personal Data Protection
9.1 All data processing is carried out in accordance with GDPR (EU Regulation 2016/679).
9.2 We process your data for the purpose of fulfilling contracts, for the duration necessary to process orders and complaints.
9.3 We may also process your data for direct marketing purposes based on legitimate interest, unless you have opted out.
9.7 Data we process: name, date of birth, address, e-mail, phone number, Company ID, VAT ID, IP address, order and payment data.
9.8 Cookies may be stored when using our website. You may refuse them via your browser settings.
9.12 Your rights include: correction of inaccurate data, access to data, erasure, restriction of processing, data portability, and the right to object.
9.13 Complaints regarding data processing may be submitted to the Office for Personal Data Protection (www.uoou.cz).
