Terms and Conditions

1. Introductory provisions

1.1.  These Business Terms and Conditions (hereinafter referred to as the “Business Terms”) of business company Molecular-Hydrogen.eu, Tomáš Kölbl, with its registered office at Lipenská 551, Praha 4, 149 00, Czech Republic, TAX ID: 03452913 (hereinafter referred to as the “Seller”) govern the rights and obligations arising in connection with or based on the purchase contract concluded between the Seller and any other person (hereinafter referred to as the “Buyer”) through the Seller’s online store operated at www.molecular-hydrogen.eu (hereinafter referred to as the “Website”) via the web interface (hereinafter referred to as the “Store Interface”).

1.2.  Business Terms do not apply to cases where a person intending to buy goods from the Seller is a legal entity or a person who acts when ordering goods in the course of their business activity or in their independent pursuit of their profession.

1.3.  Provisions derogating from these Business Terms may be agreed in the purchase contract. Any such specific arrangements in the purchase contract take precedence over the provisions of these Business Terms.

1.4.  These Business Terms form an integral part of the purchase contract. The purchase contract and the Business Terms are drawn up in the Czech language. The purchase contract may be concluded in the Czech language.

1.5.  The Seller may change or supplement the wording of the Business Terms. This provision is without prejudice to rights and obligations arising during the validity of the previous version of the Business Terms.

2. User account

2.1.  Based on registration made on the Website, the Buyer can access their user interface. From the user interface, the Buyer can order goods (hereinafter referred to as the “User Account”). If the Store Interface allows, the Buyer can also order goods without registration directly from the Store Interface.

2.2.  When registering on the Website and ordering goods, the Buyer is obliged to provide accurate and truthful information. The Buyer is obliged to update the information in the User Account upon any change. Data provided by the Buyer are considered correct by the Seller.

2.3.  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 the User Account.

2.4.  The Buyer is not authorized to allow the use of the User Account by third parties.

2.5.  The Seller may cancel the User Account, especially if the Buyer does not use it for more than 12 months or if the Buyer breaches obligations under the purchase contract (including these Business Terms).

2.6.  The Buyer acknowledges that the User Account may not be available continuously, especially due to necessary maintenance of hardware and software.

3. Closing the Purchase Agreement

3.1.  All presentations of goods placed in the Store Interface are informative and the Seller is not obliged to conclude a purchase contract regarding such goods. Section 1732 (2) of the Czech Civil Code does not apply.

3.2.  The Store Interface contains information about the goods, including prices and, where relevant, the costs of returning the goods if they cannot be returned by normal postal route. Prices are stated including VAT (if applicable) and all related fees. Prices remain valid for as long as they are displayed in the Store Interface.

3.3.  The Store Interface also contains information on packaging and delivery costs. Delivery costs depend on the destination country and the selected shipping method.

3.4.  To order goods, the Buyer completes the order form in the Store Interface. The order form contains in particular:

3.4.1.  ordered goods (the Buyer places the selected goods into the electronic shopping cart in the Store Interface).

4. Price of goods and payment terms

4.1.  The Buyer may pay the price of the goods and any costs associated with delivery in the following ways:

• cashless transfer to Seller's account No. 326116767 / 0300, maintained by ČSOB (hereinafter referred to as the “Seller’s account”);
• cashless via the payment system Shoptet Pay;
• cashless payment card.

4.2.  Together with the purchase price, the Buyer is obliged to pay the Seller packaging and delivery costs at the agreed rate. Unless stated otherwise, the purchase price and delivery costs are payable together.

4.3.  The Seller does not require any deposit or similar payment. This is without prejudice to Article 4.6 regarding the requirement of prepayment in specific cases.

4.4.  In the case of non-cash payment, the purchase price is payable within 14 days from the conclusion of the purchase contract.

4.5.  In the case of non-cash payment, the Buyer is obliged to pay the purchase price together with the variable payment symbol (if used). The Buyer’s obligation is fulfilled when the relevant amount is credited to the Seller’s account.

4.6.  The Seller is entitled, in particular if the Buyer does not provide additional confirmation of the order when requested, to require payment of the full purchase price before dispatching the goods to the Buyer. Article 2119 (1) of the Civil Code does not apply.

4.7.  Discounts on the price of goods provided by the Seller cannot be combined unless stated otherwise.

4.8.  If required by generally binding legal regulations, the Seller issues a tax document (invoice) to the Buyer and sends it electronically to the Buyer’s email address.

5. Withdrawal from the sales contract

5.1.  The Buyer acknowledges that, according to Section 1837 of the Civil Code, it is not possible to withdraw from the purchase contract in certain cases, including (inter alia) goods made to the Buyer’s specifications, perishable goods, goods irreversibly mixed after delivery, and sealed goods unsealed by the consumer where return is not possible for hygienic reasons.

5.2.  Unless excluded by law, the Buyer has the right to withdraw from the purchase contract within 14 days from receipt of the goods, in accordance with Section 1829 (1) of the Civil Code. If the order is delivered in multiple parts, the period runs from the date of receipt of the last delivery. The withdrawal must be sent to the Seller within the time limit. The Buyer may use the model withdrawal form provided by the Seller.

5.3.  In the event of withdrawal, the purchase contract is cancelled from the beginning. The goods must be returned to the Seller within 14 (fourteen) days from withdrawal. The Buyer bears the direct costs of returning the goods.

5.4.  The Seller shall return the funds received from the Buyer within 14 (fourteen) days of withdrawal, using the same payment method unless agreed otherwise. The Seller is not obliged to return the received funds before the Buyer returns the goods or proves that the goods were dispatched.

5.5.  The Seller is entitled to set off the claim for reimbursement of the purchase price against a claim for compensation for any damage to the goods.

5.6.  The Seller is entitled to withdraw from the purchase contract at any time until the Buyer has received the goods. In such a case, the Seller shall return the purchase price to the Buyer without undue delay.

5.7.  If a gift is provided together with the goods, the gift agreement is concluded with the condition that in the event of withdrawal, the gift agreement ceases to be effective and the Buyer is obliged to return the gift together with the goods.

5.8.  The colour and shade of the boxes in which the products are delivered may vary based on the supplier’s preference. Different colour or shade of box are not grounds for complaint or withdrawal from the contract.

6. Transport and delivery of goods

6.1.  If the mode of transport is agreed upon at the Buyer’s special request, the Buyer bears the risk and any additional costs associated with this mode of transport.

6.2.  If the Seller is obliged to deliver the goods to the place specified by the Buyer, the Buyer is obliged to take delivery of the goods upon delivery.

6.3.  If, for reasons on the Buyer’s side, it is necessary to deliver the goods repeatedly or in a manner other than stated in the order, the Buyer bears the costs associated with repeated delivery or alternative delivery method.

6.4.  Upon receipt of the goods, the Buyer is obliged to check the integrity of the packaging. In the event of any defects, the Buyer must notify the carrier without undue delay. If the packaging indicates unauthorized entry into the shipment, the Buyer is not obliged to accept the shipment.

6.5.  Additional rights and obligations in transport may be governed by the Seller’s special delivery terms, if issued.

7. Rights from defective performance

7.1.  Rights and obligations regarding defective performance are governed by applicable legal regulations (in particular Sections 1914–1925, 2099–2117 and 2161–2174 of the Civil Code and the Consumer Protection Act No. 634/1992 Coll., as amended).

7.2.  The Seller is responsible for ensuring that goods are free from defects upon receipt. In particular, the Seller ensures that at the time the Buyer takes over the goods:

7.2.1.  the goods have the agreed characteristics,

7.2.2.  the goods are fit for the purpose stated by the Seller or normally used for such goods,

7.2.3.  the goods correspond to the quality or performance of an agreed sample or original (if applicable),

7.2.4.  the goods are in the appropriate quantity, degree or weight, and

7.2.5.  the goods comply with legal requirements.

7.3.  Article 7.2 does not apply to goods sold at a lower price due to a defect for which the lower price was agreed, or to wear and tear caused by normal use.

7.4.  If a defect appears within six months of receipt, the goods are deemed to have been defective at the time of receipt. The Buyer is entitled to claim rights from defects occurring on consumer goods within twenty-four months of receipt.

7.5.  Claims for defective performance shall be made to the Seller at the Seller’s address or other location designated for complaints.

7.6.  Additional rules for complaints may be regulated by the Seller’s claim rules.

8. Other rights and obligations of the parties

8.1.  The Buyer acquires ownership of the goods by paying the full purchase price.

8.2.  The Seller is not bound by any codes of conduct in relation to the Buyer in the sense of § 1826 (1) e) of the Civil Code.

8.3.  The Czech Trade Inspection Authority (ČOI) is responsible for out-of-court settlement of consumer disputes: Štěpánská 567/15, 120 00 Praha 2, IČ: 000 20 869, www.coi.cz

8.4.  Supervision of personal data protection is carried out by the Office for Personal Data Protection (ÚOOÚ). The Czech Trade Inspection Authority supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

8.5.  The Buyer assumes the risk of a change of circumstances pursuant to Section 1765 (2) of the Civil Code.

9. Privacy, marketing messages and cookies

9.1.  Information related to personal data processing under GDPR, marketing communications and the use of cookies is provided in a separate document: Privacy Policy & Cookies Policy.

9.2.  The current version of the Privacy Policy & Cookies Policy is available on the Website.

10. Delivery

10.1.  Notices may be delivered to the Buyer’s electronic address.

11. Final Provisions

11.1.  If a relationship based on a purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the consumer’s rights under generally binding legal regulations.

11.2.  If any provision of these Business Terms is invalid or ineffective, a provision closest to the purpose of the invalid provision shall apply. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions.

11.3.  The purchase contract, including these Business Terms, is archived by the Seller in electronic form and is not accessible.

11.4.  Seller's contact details and delivery address: Molecular-Hydrogen.eu, Lipenská 551, Prague 4, 149 00, Czech Republic.