Terms and Conditions

Basic provisions

These Terms and Conditions of Business (hereinafter referred to as "Terms and Conditions") of the company Josef Hasman, ID No.: 08780099, Tax ID No.: CZ 0008190666, with registered office at Valdecká 90/4 Hořovice 268 01, identification number: 08780099, registered with the Municipal Trade Licensing Office in Hořovice No. ZIV/1491/2019/s/4 on 1 November 2023 (hereinafter referred to as "Josef Hasman" or "Seller") regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll, Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or based on a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another buyer (hereinafter referred to as the "Buyer") through the Seller's online store. The online shop is operated by the Seller on a website located at https://filamentia.cz (hereinafter referred to as the "Website"), through a website interface (hereinafter referred to as the "Shop Web Interface"). The Buyer is a consumer or a business.

A consumer is any person who, outside the scope of his business activity or outside the scope of his independent exercise of his profession, concludes a contract with Josef Hasman or otherwise deals with it.

An entrepreneur is a person who independently carries out, on his own account and responsibility, a gainful activity by trade or similar means with the intention of doing so on a continuous basis for profit. For the purposes of consumer protection, an entrepreneur shall include, inter alia, any person who concludes contracts in connection with his own business, manufacturing or similar activity or in the independent exercise of his profession, or any person who acts in the name of or on behalf of an entrepreneur. For the purposes of these Terms and Conditions, an entrepreneur means a person who acts in accordance with the preceding sentence in the course of his business. If the Buyer provides his/her identification number in the order, he/she acknowledges that the rules set out in the terms and conditions for entrepreneurs apply to him/her.

By placing an order, the Buyer confirms that he/she has read these terms and conditions, the privacy policy, the complaints procedure and the shipping methods before placing the order, and that he/she expressly agrees to them in the version valid and effective at the moment of sending the order.

Conclusion of the contract and delivery of the object of purchase

The contract can be concluded by the buyer by accepting the proposal to conclude the contract on the website operated by Josef Hasman by placing the requested performance (goods, service) in the basket. The purchase contract is formed by sending the order by the buyer after selecting the method of transport and the method of payment and the acceptance of the order by the seller.

The concluded contract is archived by the Seller for at least five years after its conclusion, but no longer than the period according to the relevant legislation, for the purpose of its successful execution and is not accessible to third parties not interested.

By the Purchase Agreement, Josef Hasman undertakes to hand over to the Buyer the item which is the subject of the purchase and to enable him to acquire ownership of it, and the Buyer undertakes to accept the item and to pay the Seller the purchase price.

Josef Hasman reserves the right of ownership of the item until full payment of the purchase price by the buyer.

If the Seller is to ship the item, the transaction shall be deemed to have been handed over to the Buyer Consumer at the moment the item is handed over by the carrier to the Buyer. In the case of a business buyer, the item is deemed to have been handed over at the moment Josef Hasman hands over the item to the first carrier for transport for the buyer and Josef Hasman allows the buyer to exercise the rights under the transport contract against the carrier.

Transfer of risk of damage

A thing is defective if it does not meet the agreed characteristics.

The buyer's right of defective performance is based on the defect that the thing has when the risk of damage passes to the buyer, even if it becomes apparent later. The buyer's right shall also be established by a defect arising later which the seller has caused by a breach of his duty.

The buyer shall examine the goods as soon as possible after the risk of damage to the goods has passed and satisfy himself as to their characteristics and quantity.

The risk of damage passes to the buyer upon acceptance of the goods. The same consequence shall apply if the buyer does not take possession of the thing although the seller has allowed him to dispose of it.

If the party delays taking possession of the goods, the seller shall have the right to sell the goods after giving the buyer a reasonable additional period of time to take possession, after giving the buyer notice of this fact.

Seller's liability

Josef Hasman shall be liable to the buyer that the item is free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took possession of the goods: the goods have the characteristics agreed between the parties and, in the absence of an agreement, the characteristics described by Josef Hasman or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them; the goods are fit for the purpose for which Josef Hasman states or for which a thing of this kind is usually used; the goods are in the appropriate quantity, measure or weight; the goods comply with the requirements of the law.
The buyer is entitled to exercise the right of defect that occurs in consumer goods within twenty-four months of receipt, unless otherwise stated, this does not apply:

- for goods sold at a lower price, to the defect for which the lower price was agreed;

- wear and tear caused by normal use;

- in the case of a second-hand item, a defect corresponding to the degree of use or wear and tear which the item had when it was taken over by the buyer;

- where the nature of the thing so requires.

In the case of consumer goods, the buyer shall be entitled to exercise the right of defect within twenty-four months; however, if the goods do not bear an expiry date, the period shall be reduced only to the date marked on the packaging of the goods.

The buyer is not entitled to the right of defective performance if the buyer knew before taking over the goods that the goods were defective or if the buyer himself caused the defect.

If the item has a defect to which the seller is bound, and if the item is sold at a lower price or is second-hand, the buyer is entitled to a reasonable discount instead of the right to exchange the item.

Material breach of contract

If the defective performance is a material breach of contract, the buyer has the right to:

- to remedy the defect by supplying a new item without defect or by supplying the missing item,

- to remedy the defect by repairing the item;

- a reasonable discount on the purchase price;

- to withdraw from the purchase contract.

The buyer shall notify the seller of the right he has chosen when notifying the defect or without undue delay after notification of the defect. The buyer may not change his choice without the seller's consent. If the Seller fails to remedy the defects within a reasonable period of time or notifies the Buyer that he will not remedy the defects, the Buyer may demand a reasonable discount on the purchase price in lieu of remedying the defects or is entitled to withdraw from the purchase contract.

Non-substantial breach of contract

If the defective performance is an insubstantial breach of contract, the buyer is entitled to have the defect removed or to a reasonable discount on the purchase price.

Withdrawal from the contract

Withdrawal from the purchase contract by the consumer The consumer has the right to withdraw from the purchase contract within fourteen days. The period starts from the date of receipt of the goods.

If the consumer withdraws from the contract, the consumer shall send or hand over to the buyer the goods he received from the buyer at his own expense without undue delay, at the latest within 14 days of withdrawal.

The consumer should return the goods complete, in the condition and value in which they were received.

If the goods are consumer goods, the contract can only be withdrawn if the buyer delivers the goods undamaged and unused in the original packaging intact.

The consumer shall only be liable to the buyer for any diminution in the value of the goods resulting from handling the goods in a manner other than that which is necessary in view of their nature and characteristics.

If the consumer withdraws from the contract, the seller shall return to the consumer without undue delay, but no later than 14 days after withdrawal, all monies received from the consumer under the contract in the same manner, but the seller shall not be obliged to return the monies received to the consumer before the consumer has handed over the goods to the consumer or proved that he has sent the goods to the seller.

Withdrawal from the contract of sale by the entrepreneur

A business buyer may be allowed by the seller to withdraw from the purchase contract within 14 days.

If the entrepreneur buyer is allowed to withdraw from the purchase contract within 14 days, the buyer acknowledges that the refunded purchase price may be reduced by the amount by which the value of the goods has decreased.

Withdrawal from the purchase contract by the seller

Apart from the cases provided for by law, the seller is entitled to withdraw from the contract in the event of an obvious error in the price of the goods.

Withdrawal from the contract under this clause is possible within 14 days from the day following the date of conclusion of the purchase contract between the buyer and the seller by the seller cancelling the order or otherwise indicating to the buyer that he is withdrawing from the contract.

If the buyer has paid at least part of the purchase price of the goods, this amount will be transferred back to the buyer's bank account no later than 14 days after the day following the date of the seller's withdrawal from the contract.

"Out-of-court dispute resolution 1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for out-of-court resolution of consumer disputes arising from the purchase contract. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes). The trade control is carried out within the scope of its competence by the competent trade authority. The Czech Trade Inspection Authority shall, within the defined scope, supervise, inter alia, compliance with Act No 634/1992 Coll., on Consumer Protection."

Operating hours

Orders via the Seller's online shop can be placed 24 hours a day, 7 days a week.

In the event of an information system outage or scheduled maintenance, the Seller shall not be liable for failure to keep operating hours.

Orders can be placed via the online shop, the Seller's social media pages, by telephone and by email.

Prices

All prices are contractual. The prices in the Seller's online shop are always up-to-date and valid, in Czech currency (CZK), except in the case of a clearly erroneous price.

The prices quoted for each product are final, including VAT and all other taxes and charges, except for shipping and delivery charges, which are quoted only in the shopping cart and their amount depends on the buyer's choice

Payment terms

Josef Hasman accepts the following payment terms: payment by card, bank transfer, cash on delivery.

The buyer's billing information cannot be changed retroactively after the order has been shipped

Delivery methods

The individual methods of delivery are offered according to the current availability of each service and with regard to capacity and availability. In the event of force majeure or information system failure, the Seller shall not be liable for late delivery.

Other conditions

The Buyer is obliged to check the condition of the consignment (number of packages, damage to the box) with the carrier immediately upon delivery. The Buyer is entitled to refuse to accept a consignment that does not comply with the purchase contract, for example because the consignment is incomplete or damaged. If the Buyer accepts such a damaged shipment from the carrier, it is necessary to describe the damage in the carrier's handover report.

The incomplete or damaged consignment must be reported immediately by e-mail to info@filamentia.cz, a damage report must be drawn up with the carrier and sent to the seller by e-mail without undue delay. The additional complaint of incompleteness or external damage to the shipment does not deprive the buyer of the right to claim the item, but gives the seller the opportunity to prove that there is no breach of the purchase contract.

Warranty conditions

The warranty conditions for the goods are governed by the Seller's Complaints Procedure and the relevant legislation of the Czech Republic.

Final provisions

Relationships and any disputes arising under the Contract shall be governed exclusively by the law of the Czech Republic and shall be resolved by the competent courts of the Czech Republic.

Any disputes between the Seller and the Buyer may also be settled out of court. In such a case, the buyer-consumer may contact an out-of-court dispute resolution entity, such as the Czech Trade Inspection Authority, or resolve the dispute online via a dedicated ODR platform. We recommend that you contact us in advance before resorting to out-of-court dispute resolution.

The contract is concluded in the Czech language. If a translation of the contract text is created for the buyer's needs, the interpretation of the contract in the Czech language shall apply in the event of a dispute over the interpretation of terms.

These Terms and Conditions, including their components, are valid and effective from 1 November 2023.