I. About us

1. The company Tomáš Velech ID 04123841, se Mostní 979, Zlín 760 01 (“Seller“).
2. Our Terms and Conditions govern the mutual rights and obligations of the parties arising in connection with or pursuant to a purchase contract concluded between the Seller and another natural person over the age of 18 (“Buyer“) through the Seller’s online shop (“e-shop“) at www.halenionzion.com (“Website“).
3. The provisions of the terms and conditions are an integral part of the purchase contract. Any deviating provisions in the Purchase Contract shall prevail over the provisions of these Terms and Conditions.

II. Progress and purchase of goods

Information about the goods sold

1. In our e-shop you will find all the necessary information about the goods. Nevertheless, we can conclude a purchase contract with you on individually agreed terms.
2. If a price is quoted which is obviously a clerical or numerical error, the price is not binding and the contract is not concluded.
3. All presentation of goods on the e-shop is informative and the seller is not obliged to conclude a contract regarding these goods. Section 1732 para. 2 of the Civil Code shall not apply.

How is an order created?

1. You can buy goods on the e-shop through an interface and a form, which contains in particular information about the goods, the price, the method of payment of the price and information about the desired method of delivery of the goods and the costs associated with it. Based on this information, you will create an order (“Order“).
2. We will allow you to check and change your details on the website before sending your Order. We consider the information you enter as part of the order process to be current and true. We reserve the right to verify by telephone the details provided in your Order.
3. By creating an Order and therefore agreeing to our terms and conditions, you confirm that you have read them and that you will only use the ordered goods in accordance with the above terms and conditions.
4. Once we receive the Order, we will confirm receipt of the Order by sending an email to the address specified in the Order.
5. The Purchase Contract is concluded at the moment of delivery of the e-mail message of acceptance of the Order. If the nature of the Order is unusual (e.g. high price or high quantity), we have the right to contact you to request additional confirmation of the Order. In this case, the Purchase Contract will be concluded when we receive confirmation of this Order from you.
6. You are responsible for the costs of using the means of communication incurred in connection with the negotiation of the purchase contract, which are no different from the basic rate.

III. Delivery of goods

1. We deliver the goods via the method of transport you choose (Czech Post – parcel in hand, to the post office or parcel office, PPL or Zásilkovna) to the address specified in the Order. Personal collection is possible only by prior arrangement. The current price list of postage and packing costs can always be found for the respective goods when creating the Order.
2. The goods will be delivered to you within 14 days of the conclusion of the purchase contract. We reserve the right to withdraw from the purchase contract in the event that the ordered goods are not in stock and will not be stocked within 30 days of the conclusion of the purchase contract. This delivery period does not apply to goods for which a longer delivery period is expressly stated on this website.
3. You are obliged to accept the goods upon delivery. In the event that, for reasons on your side, it is necessary to deliver the goods repeatedly or in a different way than specified in the Order, you are obliged to pay the costs associated with the repeated delivery of the goods, respectively. the costs associated with the other delivery method. On receipt of the goods from the carrier, you must check the integrity of the packaging of the goods and notify the carrier immediately in the event of any defects. If you find any damage to the packaging indicating that the shipment has been tampered with, you may not accept the shipment from the carrier. Please inform us of the damage found without undue delay and document the damage.

IV. Payment Terms

1. You can pay the price of the goods and any costs associated with the delivery of the goods (postage and packaging) in the following ways:

• cashless via GoPay payment gateway
• by phone or email upon agreement for cash on delivery

1. For each payment we will issue you a tax document – invoice after payment of the price. This will meet the requirements of tax and accounting regulations.

V. Withdrawal from the contract

1. If you enter into a contractual relationship with us as a consumer, i.e. You have the right to withdraw from a purchase contract concluded via the Internet within 14 days of receipt of the goods.
2. Important note: Please note that according to the Civil Code, you cannot withdraw from the contract according to the previous paragraph if:

• the goods have been customised for you or for another person,
• perishable goods and goods which have been irretrievably mixed with other goods after delivery;
• the goods are in sealed packaging, which you have removed from the packaging and cannot return for hygiene reasons.

1. If you decide to withdraw from the contract and it is not the case of the previous paragraph, please use the form.
2. Within 14 days of your valid cancellation, we will refund you the full amount of the price of the goods and the costs paid for their delivery to the account number you provide to us. You are obliged to send the purchased goods to us at the latest within the same period to the address of Tomáš Velech ID 04123841, se Mostní 979, Zlín 760 01. The goods should be returned complete, in their original packaging and must not show signs of wear or damage. We have the right to assess within the aforementioned time limit whether the returned goods are undamaged, intact and unused and whether you have not caused a reduction in the value of the goods by handling them in a manner different from what is necessary with regard to the nature and characteristics of the goods. You are responsible for the cost of returning the goods. If the goods cannot be returned by the usual postal route because of their nature, you shall bear such costs.
3. If the returned goods are damaged due to your mishandling, we are entitled to claim against you for the depreciation of the value of the goods and to offset this against the amount returned.

VI. Out-of-Court Dispute Resolution

1. According to Act No. 634/1992 Coll., on Consumer Protection, you have the right to an out-of-court settlement of a consumer dispute arising from a contract. In this case, you are entitled to contact the Czech Trade Inspection Authority (Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Prague 2, e-mail: adr@coi.cz, website: adr.coi.cz). Out-of-court dispute resolution is initiated exclusively at the consumer’s request, in the event that the dispute has not been resolved directly with the seller. The application may be submitted within 1 year from the date on which the consumer first exercised his/her right, which is the subject of the dispute, with the seller. You have the right to initiate out-of-court dispute resolution online via the ODR platform available at ec.europa.eu/consumers/odr/.

VII. Defects in the delivered goods

1. We are responsible for the goods being free from defects upon receipt. This means that at the time you take delivery of the goods, we are responsible in particular for:

• the goods have the characteristics that we have agreed and, in the absence of agreement, those characteristics that we or the manufacturer have described or that you might have expected in view of the nature of the goods and on the basis of the advertisement given by us,
• the goods are fit for the purpose we state for their use,
• the goods correspond in quality or workmanship to the agreed sample or pattern, if the quality or workmanship was determined according to the agreed sample or pattern,
• the goods in the appropriate quantity, measure or weight,
• the goods meet the requirements of the legislation.

1. We are responsible for ensuring that the goods ordered are accompanied by a tax receipt.
2. We are liable for defects occurring after receipt of the goods within the 24-month warranty period, unless otherwise stated on the packaging.

Exercise of the right of defective performance

1. Please file a complaint by e-mail: records@halenionzion.com or by letter to Tomáš Velech, ID 04123841, se Mostní 979, Zlín 760 01.
2. The letter of claim must contain the following:

• your contact details, a description of the fault and a request for how the complaint will be handled,
• Proof of purchase (preferably by attaching a proof of purchase).

1. Please send the goods that you think are defective together with the complaint form to the address above. The goods should be packed in suitable packaging to prevent damage and must be clean and complete when shipped.
2. When you make a claim, you will receive a written confirmation via e-mail – a claim report, which serves as a document in the settlement of the claim. The complaint report contains the following information: when the complaint was filed, what is its content, what method of settlement you require.

Defects in goods

1. If a defect appears within six months of receipt, the goods shall be deemed to have been defective upon receipt.
2. We shall have defective performance obligations at least to the extent that the manufacturer’s defective performance obligations continue. You are otherwise entitled to claim for defects that occur in consumer goods within 24 months of receipt.
3. If the period of time for which the goods may be used is indicated on the goods sold, on their packaging, in the instructions accompanying the goods or in advertising in accordance with other legislation, the provisions on the guarantee of quality shall apply. By guaranteeing the quality, we undertake to you that the goods will be fit for their usual purpose or retain their usual characteristics for a certain period of time. If you have rightfully complained to us about a defect in the goods, the period for exercising rights under the defective performance and the warranty period shall not run for the period during which you cannot use the defective goods.
4. The provisions referred to in this Article of the Terms and Conditions shall not apply to goods sold at a lower price to the defect for which the lower price was agreed, to the wear and tear of the goods caused by their normal use, in the case of used goods to the defect corresponding to the degree of use or wear and tear that the goods had when you took them over, or if this is apparent from the nature of the goods. You are not entitled to the right of defective performance if you knew that the goods were defective before you took delivery of them or if you caused the defect.
5. Within the warranty period or the period of use, you may make a claim and, at your option, claim for a defect that constitutes a material breach of contract (regardless of whether the defect is remediable or irremediable):

• remedy the defect by supplying a new item without the defect or by supplying the missing item,
• the defect is repaired free of charge,
• a reasonable discount on the purchase price
• or a refund of the purchase price on the basis of withdrawal from the contract.

1. A material breach of contract is one which the party breaching the contract already knew or must have known at the time of entering into the contract that the other party would not have entered into the contract if it had foreseen the breach.
2. In the case of a defect that constitutes an insignificant breach of contract (regardless of whether the defect is removable or irremovable), you are entitled to have the defect removed or a reasonable discount on the purchase price.
3. If a repairable defect has occurred repeatedly after repair (usually the third claim for the same defect or the fourth for different defects) or the goods have a greater number of defects (usually at least three defects at the same time), you have the right to claim a discount on the purchase price, exchange the goods or withdraw from the contract.
4. The rights of liability for defects in the goods are exercised by us as the seller. We are obliged to issue you with a written confirmation of when you exercised the right, what is the content of the claim and what method of handling the claim you require; as well as a confirmation of the date and method of handling the claim, including confirmation of the repair and the duration of the repair, or a written justification for the rejection of the claim. This obligation also applies to other persons appointed by us to carry out the repair.
5. When making a claim, you are obliged to tell us which right you have chosen. A change of choice without our consent is only possible if you have requested the repair of a defect that proves to be irremediable. If you do not elect your right for a material breach of contract in time, you have the same rights as for a non-material breach of contract.
6. If repair or replacement of the goods is not possible, you can claim a full refund of the purchase price upon withdrawal from the contract.
7. If we can prove that you knew about or caused the defect before taking delivery, we are not obliged to accept your claim.
8. An obstacle caused by force majeure shall not be considered a defect in performance.
9. Please also note that you cannot claim discounted goods for the reason for which the goods are discounted.

Complaint handling

1. We will make a decision on your complaint within three working days at the latest, or if a professional assessment is required to make a decision. We will inform you of the need for a professional assessment within this period.
2. We will deal with the complaint, including the removal of the defect, without undue delay, no later than 30 days from its application, unless a longer period is agreed with you in writing. After this period, you have the same rights as if it were a material breach of contract.
3. The warranty period is extended by the time from the time the claim is made until the claim is settled or until you are obliged to collect the goods. If the goods or part of the goods are replaced, our liability will apply as if you had purchased new goods or part of goods.
4. If you are acting as a consumer in relation to us, you are entitled to reimbursement of the costs reasonably incurred in making a claim, which are understood to be the lowest possible costs. You must apply for reimbursement of these costs without undue delay, but at the latest within one month of the end of the period for exercising your rights under the defective performance, otherwise the court may not award them to you.
5. We will send you a written confirmation of the date and method of handling the claim, a confirmation of the repair and the duration of the claim, or a justification for rejecting the claim.

VIII. Final Provisions of the Contract

1. Terms and conditions are in Czech language. All agreements between the seller and the buyer are governed by the law of the Czech Republic. If the relationship established by the Purchase Contract contains an international element, the parties agree that the relationship shall be governed by the law of the Czech Republic and disputes arising therefrom shall be resolved by the court of the Seller having jurisdiction in the matter and place. This is without prejudice to the consumer’s rights under generally binding legislation.
2. We are not bound by any codes of conduct in relation to you as a seller within the meaning of § 1826 para. 1 lit. e) of the Civil Code.
3. All rights to our website, in particular the copyright in the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to us as the seller. It is prohibited to copy, modify or otherwise use the website or any part thereof without our consent.
4. We are not liable for errors resulting from third party interference with the online shop or its use contrary to its intended use.
5. We may change or amend the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
6. If you have any questions about these terms and conditions, you can contact us at any time at + 420 605 592 749

In Zlín on 4.10.2024