Terms and Conditions

1. BASIC INFORMATION

Information about us:

Business Company: HARDWARIO a.s. U Jezu 525/4 Liberec 460 01

Legal seat: U Jezu 525/4, Liberec IV-Perštýn, 460 01 Liberec

ID: 04998511

DIC: CZ04998511

Registered in the Commercial Register: B 2864 registered at the Regional Court in Ústí nad Labem

Contact: ask@hardwario.com

1.1 Terms and Conditions

Before you purchase HARDWARIO, please read these General Terms and Conditions, the Consumer Terms and Conditions forming Annex 1 thereto, the Personal Data Processing Policy available at https://www.hardwario.store/terms-and-conditions and other documents referred to herein (collectively, the " “Terms and Conditions”). By Section 1751(1) of the Civil Code, the Terms govern the mutual rights and obligations of you, as the Purchaser, and HARDWARIO, as the Seller, arising in connection with or under the Purchase Agreement. The Terms may also govern other relationships between HARDWARIO and its customers.

1.2 Priority

Provisions of the order that deviate from the Conditions shall prevail. However, all general terms and conditions of the Buyer are excluded from any relationship between the parties.

2. PURCHASE ON HARDWARIO

2.2 E-shop

Purchases can be made at https://www.hardwario.store. HARDWARIO makes every effort to ensure the e-shop is available around the clock, but exceptional outages cannot be avoided entirely. Therefore, in the event of an outage or force majeure (e.g., power outage), HARDWARIO is not liable for failure to keep the E-shop continuously open.

2.3 Ordering on the E-shop

The order on the E-shop is created when clicking the button intended to complete the order. In the meantime, the Buyer can modify their order in the shopping cart, including the shipping and payment method. The Terms and Conditions become binding on the Buyer by clicking the consent button. The Buyer agrees that the order is an offer to purchase, subject to the Terms, all of the goods listed in the order. HARDWARIO must accept all orders, or it is not obliged to sell the goods.

2.3 Other methods of ordering

The Buyer may also create an order in any way that the law associates with making an offer to conclude a contract based on a written order from the Buyer delivered to HARDWARIO by e-mail or in hard copy.

2.4 Contract

The contract is only concluded when HARDWARIO confirms the order. HARDWARIO reserves the right not to confirm the order. The Terms and Conditions form an integral part of the contract. The Buyer receives the order confirmation at the e-mail address chosen by the Buyer. Therefore, the Buyer is obliged to double-check the accuracy of the data entered by him. These Terms and Conditions also accompany the order confirmation. In the case of an order placed outside the e-shop, the Buyer will receive the order confirmation the same way as the order was placed.

2.5 Change

Subsequent changes to an order are only possible by mutual agreement or under the conditions set out by law or the Terms and Conditions.

2.6 Cancellation

Except as provided in clauses 4.6, 5.1, and 6.3, all sales of Goods to the Buyer under this Contract are non-cancellable, and the Buyer shall not have the right to return Goods purchased under this Contract. However, HARDWARIO may, at its discretion, cancel the contract, even after sending a confirmation e-mail, if the goods are unavailable or have incorrect pricing. In such a case, HARDWARIO will cancel the order or notify you that HARDWARIO is withdrawing from the contract.

3. PAYMENT

3.1 Prices

All prices, discounts, and promotions published on the e-shop are subject to change without prior notice. The price charged for the Goods will be the price shown on the e-shop when placing the order, subject to the terms and conditions of any promotions or discounts that may apply. The price will also be stated in the order confirmation. Any price increase will only apply to orders placed after the change. Prices do not include shipping and handling charges. All such charges will be added to the total price and shown in the shopping cart and order confirmation. While HARDWARIO strives to provide accurate pricing information, there may be inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. HARDWARIO reserves the right to correct such errors at any time and to cancel any orders resulting from such errors.

3.2 Taxes

Unless otherwise stated, prices are exclusive of VAT, which HARDWARIO will charge by the law and which the Purchaser undertakes to pay more than quoted prices. The Purchaser must make payments without deduction or charge regarding taxes, duties, or bank charges. Should the Buyer be forced to make such deduction or charge, the Buyer must pay HARDWARIO any additional amounts necessary to receive the full (net) amount stated on the HARDWARIO invoice that HARDWARIO would have received without deduction and charge.

3.3 Payments

Unless otherwise agreed in writing, all payments must be made before shipment of the goods. The e-shop allows payment by card or bank transfer. The price is considered paid only when the amount is credited to the HARDWARIO account. The Buyer represents and warrants that the credit card information provided to HARDWARIO is accurate, correct, and complete, that he is authorized to use such card for the purchase, that the credit card will accept the charges, and that he will pay the amounts incurred by his purchase, including shipping and handling charges and all applicable taxes.

3.4 Invoice

An invoice will be issued electronically upon payment of the total price and sent to the Buyer’s email address. The details on the invoice cannot be changed after the order has been placed.

3.5 Late payment

Suppose the Buyer fails to make payment when due. In that case, HARDWARIO may charge interest on the overdue amount at the rate of 0.5% for each day of delay or, if lower, the highest rate permitted by applicable law, and the Buyer shall also pay all costs incurred in recovering any late payment or interest.

3.6 Chargeback

Chargeback calls the bank or credit/debit card provider to refuse, cancel, or dispute a payment. HARDWARIO reserves the right to suspend an order's processing immediately or withdraw from an order without prior notice if it receives a chargeback notification. The chargeback will be considered a breach of payment obligations under the Contract. HARDWARIO reserves the right to dispute the chargeback and to take reasonable steps to restrict the Buyer’s future purchases if it believes that the Buyer has requested the chargeback in bad faith.

4. DELIVERY OF GOODS AND CLAIMS

4.1 Delivery

HARDWARIO may, at its discretion, divide an order into several parts, mainly if certain goods are out of stock, and make partial deliveries of the ordered goods to the Buyer. HARDWARIO shall deliver the goods in the manner chosen by the Buyer, and the Buyer must allow such delivery and accept the goods. Suppose the Buyer chooses delivery to the address or dispatch point of one of the transport partners. In that case, HARDWARIO shall hand over the goods to the carrier, who shall arrange their delivery to the Buyer.

4.2 Delivery period

The Buyer will be informed of the estimated time and other information regarding the chosen delivery method via the e-mail address provided by the Buyer. The estimated delivery time may change depending on the logistical possibilities of HARDWARIO and its carriers, of which the Buyer will be informed immediately. HARDWARIO shall not be liable for damages caused by delays in delivery.

4.3 Re-delivery

If, for reasons arising on the Buyer’s part, the goods are delivered repeatedly, or in a different manner than agreed in the contract, the Buyer must reimburse HARDWARIO for the costs associated with such repeated delivery. The payment details for these costs will be sent to the Buyer's e-mail address and are due 14 days from receipt of the e-mail.

4.4 Claims

The Buyer is obliged to inspect the goods on receipt and accept or reject them if they are defective. The Buyer agrees with the goods unless, within 5 days of receipt, the Buyer notifies in writing the defects in the goods and provides such written evidence or other documentation as HARDWARIO may require to substantiate the defects. The Buyer shall also be obliged to send the defective goods at his/her own expense and risk of loss to the address of HARDWARIO’s principal place of business, provided that the goods must be returned within 5 days of notification of defects.

4.5 Defects

Goods are considered defective only if they contain manufacturing or material defects that prevent everyday use. Goods will not be considered defective if: the problem is related to the use of the goods other than as stated in the documentation relating to the goods or otherwise in the instructions to the buyer, in particular by any incorporation or combination of the goods with other technology (software, hardware, firmware, system or network) or service which is not expressly stated as compatible in the documentation relating to the goods, the Buyer or a third party has modified, interfered with, or used the Goods in contravention of HARDWARIO’s instructions; if the Buyer or a third party makes any modification to the Goods, HARDWARIO is not obliged to investigate whether or not any problems are related to the modification made, all warranties and liability for defects in such Goods or in the larger unit of which such Goods are a part shall cease to have effect, the problem is related to a third-party service such as third-party materials, documents, data, products, services, or software, the problem is caused by improper storage or maintenance, or the goods are subject to normal wear and tear, it is a minor variation in color, dimensions, or other characteristics that are normal for the type of goods and do not affect their functionality.

4.6 Rights arising from defective performance

Suppose the Buyer notifies HARDWARIO in time of faulty goods, and HARDWARIO verifies that the goods are indeed defective. In that case, HARDWARIO shall either replace the faulty goods with goods without defects or refund the price for the faulty goods to the Buyer. Suppose HARDWARIO exercises its option to replace the defective goods. In that case, it will send the replacement goods to the buyer at its expense after receiving the faulty goods from the buyer. The refund will be made within approximately 30 days of receipt of the faulty goods.

4.7 Reasons for rejecting a claim

The Buyer acknowledges that the claim will not be accepted if the goods are not defective or returned in their original or similar packaging to the address of the main HARDWARIO premises if they are damaged or returned after the return period, according to paragraph 4.4.

4.8 Procedure after the rejection of a claim

If HARDWARIO does not accept the claim, it sends the Buyer a notice of rejection and a request to collect the goods. The Buyer may collect the goods in person at the address of HARDWARIO's main establishment or request that the goods be sent at his own expense. Suppose the Buyer fails to collect the goods even after the expiry of the additional period. In that case, HARDWARIO may sell the goods (in which case the proceeds from the sale belong to HARDWARIO) or dispose of them. The Buyer is responsible for all costs associated with the non-collection of the goods, including transport costs and the costs of sale or disposal.

5. RETURN OF GOODS WITHIN 90 DAYS

5.1 Refund

Unless it is stated on the e-shop that the goods cannot be returned, the Buyer may return them to HARDWARIO within 90 days of dispatch and request a refund of the purchase price, less shipping and handling charges. To obtain a refund, the buyer must return the goods in their original condition and packaging to the address of HARDWARIO’s principal place of business. Paragraphs 4.7 and 4.8 apply mutatis mutandis.

5.2 Returns

When returning the goods, the buyer is responsible for all shipping and handling charges and bears the risk of loss during transport. HARDWARIO strongly recommends that the Buyer fully insure its returned items against loss or damage and use a carrier that can provide proof of delivery.

5.6 Processing

Refunds will be processed within approximately 30 days of receipt of the returned goods. The refund will be credited to the buyer via the same payment method used for the original e-shop purchase. HARDWARIO does not provide any refunds for goods marked as non-returnable on the e-shop. If goods that cannot be returned are returned, HARDWARIO will proceed according to paragraph 4.8.

6. GUARANTEES AND LIABILITY FOR LEGAL DEFECTS

6.1 Warranty rights

Suppose the parties agree that HARDWARIO will provide the Buyer with a warranty for the goods. In that case, the rights arising from the warranty provided shall only apply if the Buyer notifies HARDWARIO in writing of a breach of warranty before the expiry of the warranty period and complies with all terms of the contract (including payment of all amounts due at that time) on the date of notification. If HARDWARIO does not warranty specific goods, they are provided “as is” and their deliverables “as is.” In particular, HARDWARIO does not warrant that the goods will be fit for a specific purpose, compatible with any software, system, or other services, secure, accurate, or error-free, or that they will be available or operate without interruption.

6.2 Third Party Products

Buyer acknowledges and agrees that goods purchased from HARDWARIO may contain, be incorporated into, be attached to, or be packaged with products manufactured by third parties. Third-party products are not included in the warranty. To avoid doubt, HARDWARIO makes no warranties regarding any third-party products.

6.3 Infringement

If, in the opinion of HARDWARIO, the goods infringe the rights of third parties, HARDWARIO may, at its discretion and its own cost to the purchaser, obtain the right to use the goods by the terms and conditions, modify the goods so that they do not infringe and at the same time provide similar functionality, or terminate the relevant contract with immediate effect and require the purchaser to return the goods (in which case the purchaser is entitled to a refund).

6.4 Liability

The Buyer is solely responsible for creating, using, and operating the data within the Equipment. Furthermore, the Buyer shall exercise ordinary care and make every effort to prevent damage by performing security backups of the data according to the usual rules for handling data within the scope of the output.

Unless otherwise stated, the goods are not intended for use in operations where there is an increased risk of harm to health, life, or property. Buyer shall be solely responsible for any damage, loss, or injury caused by using the goods in such operations.

Unless otherwise stated, HARDWARIO is not obligated to provide any updates to digital content or digital content services,

a) To the maximum extent permitted by law, HARDWARIO shall not be liable for loss of profit, inability to use the goods or delay in delivery. The obligation of HARDWARIO and its affiliates to indemnify the Purchaser is limited in aggregate to the amount corresponding to the price paid by the Purchaser to HARDWARIO for the equipment in connection with which the claim for damages arose, up to a maximum of CZK 10,000. The Buyer expressly waives the right to compensation for damages over this amount.

b) Paragraphs 6.4 and 4.6 shall govern all liability of HARDWARIO for damages and defects in the goods. The Buyer expressly waives any rights not mentioned herein and agrees to the above limitation of liability. The payment of any contractual penalty shall be without prejudice to the right of the entitled party to full compensation for damages caused by the breach of duty.

7. OWNERSHIP

7.1 Right of Ownership and Risk of Damage.

HARDWARIO reserves the right to ownership of the goods until the Purchaser has paid the entire purchase price. The risk of damage and loss of the goods passes to the Buyer upon handover to the carrier.

7.2 Intellectual Property Rights.

Subject to any express licenses granted to Buyer by HARDWARIO or a third party under separate contractual arrangements, Buyer acknowledges and agrees that all intellectual property rights in the Goods are the exclusive property of HARDWARIO or its licensors, and Buyer does not acquire any interest in HARDWARIO's intellectual property rights hereunder.

8. FINAL PROVISIONS

8.1 Governing Law and Jurisdiction

All legal relations relating to the Contract shall be governed by Czech law. Disputes shall first be resolved amicably by the parties. If they fail to reach an amicable settlement, disputes shall be decided by the general courts of the subject matter and place of jurisdiction of the registered office of HARDWARIO. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

8.2 Exclusion of Trade Practices

The parties exclude the application of commercial practices under Section 558 (2) of the Civil Code and assume the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code. The failure or omission of either party to enforce any of its rights under the contract shall not be deemed a waiver of such rights in the future and shall not constitute an established practice between the parties.

8.3 Force Majeure

The parties shall consider any unforeseeable circumstances beyond their reasonable control, including but not limited to natural disasters, embargoes, strikes (including planned strikes), war, epidemics, and cyber-attacks (e.g., DDoS), to be a Force Majeure Event. If a default occurs due to a Force Majeure Event, it shall not constitute a material breach of the Contract.

8.4 Salvatore clause

The invalidity, ineffectiveness, illegality, or unenforceability of any part of the contract shall not affect the remaining parts. The parties shall replace any invalid, ineffective, apparent, or unenforceable part of the contract with a valid, effective, non-apparent, and enforceable part of equal commercial and legal significance within 14 days of receiving a request from the other party.

8.5 Prohibition of assignment

The Purchaser may not set off against HARDWARIO any claim, correct, or demand arising from the Contract nor assign any claim against the User to a third party without the prior written consent of HARDWARIO. However, HARDWARIO may assign the Contract as a whole to its affiliate without the prior written consent of the Purchaser.

8.6 Marketing

HARDWARIO may place the trade name, logo, trademark, or any other trademark of the Buyer on its website in the reference section and use it as a reference in its offers and on social networks.

8.7 Communication

The parties shall communicate with each other mainly electronically via email. If any message or negotiation requires a written form, an e-mail with a simple electronic signature is sufficient. Full Agreement. The Agreement constitutes the entire agreement of the parties concerning its subject matter. It supersedes all prior understandings of the parties concerning the subject matter of the Agreement.

ANNEX 1 – TERMS AND CONDITIONS FOR CONSUMERS

BASIC INFORMATION

Use of the Annex

This Annex to the General Terms and Conditions applies to the relationship between HARDWARIO and the Buyer in cases where the Buyer is acting in the capacity of a consumer, i.e., outside of its business activities.

Priority

The provisions of this Annex shall prevail in the contractual relationship with consumers over those provisions of the General Terms and Conditions, which regulate the identical area differently. The General Terms and Conditions shall apply to areas not covered by this Annex.

Communication costs

The buyer shall bear the costs incurred in using distance communication in connection with the conclusion of the contract, particularly the costs of the internet connection. These costs do not differ from the introductory rate charged to the buyer by his service providers.

DELIVERY OF GOODS

Delivery time

The delivery time of the goods always depends on their availability and the chosen delivery and payment method. The time indicated within the e-shop is only indicative and may differ from the delivery time. The goods will be delivered within 30 days from the conclusion of the purchase contract unless otherwise agreed between HARDWARIO and the buyer. If the delivery time for specific goods within the e-shop is longer than 30 days, the buyer agrees to a longer delivery time when ordering such goods.

Delay in delivery

If the delivery date is longer than 30 days and has not been specified within the e-shop, HARDWARIO will inform the buyer, who must agree to this extension. If this is not agreed upon, the buyer has the right to withdraw from the purchase contract, and HARDWARIO will refund any performance received from the buyer. However, the right of withdrawal shall be extinguished if a new delivery date is agreed upon.

WITHDRAWAL FROM THE CONTRACT

Withdrawal options

Withdrawal from the contract, i.e., the termination of the contractual relationship between HARDWARIO and the Buyer from its inception, may occur for the reasons and in the ways specified in this article or in other provisions of the General Terms and Conditions in which the possibility of withdrawal is expressly mentioned. After the expiration of the withdrawal period under this Article, the consumer may also exercise the option of returning the goods within 90 days under the terms of Article 6 of the General Terms and Conditions.

Withdrawal period

By the provisions of Section 1829 of the Civil Code, the consumer purchaser has the right to withdraw from the purchase contract without giving any reason within 14 days from the delivery date of the goods. In the case where the subject of the contract is the delivery of several types of goods or the delivery of several parts of goods, this period starts only on the delivery date of the last part of the goods. In the case of a contract under which HARDWARIO will deliver goods regularly and repeatedly, it starts on the date of delivery of the first delivery. The withdrawal period shall be deemed to have been observed if the Buyer sends a notice of withdrawal during the withdrawal period.

Method of withdrawal

The consumer purchaser may withdraw from the contract in any demonstrable way (in particular by sending an e-mail or a letter to the addresses of HARDWARIO according to the General Terms and Conditions). The sample form, part of this annex, can also be used for withdrawal.

Exclusions

Even as a consumer, the purchaser cannot withdraw from the contract if the subject of the purchase contract is the delivery of goods made to the purchaser's requirements or adapted to the purchaser's personal needs.

Refund of payments

In the event of cancellation of the purchase contract, the price and all other payments received by HARDWARIO from the Buyer, including the price of shipping (except for additional costs incurred as a result of the chosen delivery method, which is different from the cheapest standard delivery method), will be refunded to the Buyer. The amounts will be refunded without undue delay, at the latest, within 14 days from the effective withdrawal date to the account from which the payments were credited or to the account chosen in the withdrawal. However, the amount will not be refunded until the goods have been returned or proof of shipment back to HARDWARIO has been provided.

Return of goods

In the event of withdrawal from the contract, the buyer is obliged to send the goods to HARDWARIO within 14 days of withdrawal and bears the costs associated with the return of the goods.

Liability for damages

The Buyer shall be liable to HARDWARIO for damages in cases where the goods are damaged due to handling them in a manner other than that necessary for the Buyer to become familiar with the nature, characteristics, and functionality of the goods. HARDWARIO will invoice the damage caused in such a case after the goods have been returned, and the due date for the invoiced amount is 14 days. If HARDWARIO has not yet refunded the price to the Buyer, it may set off the claim for compensation against the Buyer's claim for reimbursement.

DEFECT RIGHTS AND CLAIMS

Legal regulations

The rights and obligations between HARDWARIO and the consumer purchaser about rights arising from defective performance are governed by the relevant generally binding legal provisions, in particular Sections §1914 to §1922, §1924, §1925, §2099 to 2117, and §2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended.

Time of application

The moment of exercising the rights arising from defective performance shall be deemed when the defect was notified to HARDWARIO and the right of liability for faulty goods was exercised.

Statement

HARDWARIO warrants to the purchaser that at the time of the transfer of the risk of damage to the goods, the goods are free from defects, in particular, that:

  1. it corresponds to the agreed description, type, and quantity as well as quality, functionality, compatibility, interoperability, and other agreed characteristics,
  2. is suitable for the purpose for which the Buyer requires it and to which HARDWARIO decided when ordering the goods,
  3. is delivered with the agreed accessories and instructions for use, including instructions for use (if instructions for use of the goods are required),
  4. it is suitable for the purpose for which goods of this kind are commonly used, also about the rights of third parties, legal regulations, technical standards, or codes of conduct of the industry; if there are no technical standards,
  5. in terms of quantity, quality, and other characteristics, including durability, functionality, compatibility, and safety, it corresponds to the usual attributes of goods of the same kind that the buyer can reasonably expect, also about public statements made by HARDWARIO or by another person in the same contractual chain, in particular advertising or labeling,
  6. is supplied with such accessories, including packaging, instructions, and other instructions for use as the purchaser may reasonably expect and
  7. corresponds in quality or artistry to the sample or sample provided by HARDWARIO to the Buyer before the conclusion of the contract (if provided).

Paragraphs (d) to (g) do not apply, however, if HARDWARIO has advised the Buyer before the conclusion of the Purchase Contract that a characteristic of the goods differs and the Buyer has expressly agreed to this when concluding the Purchase Contract.

Rights from defects

If the goods are defective, the buyer has the following rights:

  1. to the delivery of new goods without defects,
  2. to remedy the defect by repairing the goods,

The buyer may choose the method that is appropriate for the particular case. However, the buyer does not have the right to demand the removal of the defect if this is impossible or disproportionately expensive compared to the other method. In the event of such a choice, HARDWARIO has the right to refuse to remove the defect or to resolve the claim using the second method.

Other rights arising from defects

If:

  1. HARDWARIO refuses to remedy the defect (for reasons other than those stated in the preceding paragraph) or
  2. fails to remove the defect within a reasonable time after the defect has been alleged,
  3. the defect reappears,
  4. the defect is a material breach of the contract of sale,
  5. HARDWARIO declares that the defect will not be rectified within a reasonable time or without significant inconvenience to the purchaser,

the buyer has the following rights:

  1. The right to a reasonable discount on the price of the goods,
  2. the right to withdraw from the purchase contract.

The inability to withdraw

The buyer cannot withdraw from the contract of sale on the grounds of a defect, nor can he demand the delivery of a new item unless he can return the goods in the condition in which he received them. However, this does not apply in the following cases:

  1. if the condition of the goods has changed as a result of an inspection to detect a defect,
  2. if the goods were used before the defect was discovered,
  3. if an act or omission of the buyer did not cause the impossibility of returning the goods in their unaltered condition,
  4. If the goods have been sold, consumed, or altered by the buyer in regular use before the discovery of the defect; however, if this has occurred only partially, the buyer is obliged to return the part of the goods that can be returned, in which case the part of the price corresponding to the buyer's benefit from the use of the part of the goods will not be refunded.

Assembly

HARDWARIO shall be liable to the Buyer for any defect caused by improper assembly or installation of the goods by or under the responsibility of HARDWARIO. This also applies if the purchaser carried out the assembly or installation and the defect is due to a deficiency in the instructions provided for the assembly of the goods.

Method of application

If the goods are defective, i.e., in particular, if any of the conditions according to Article 4.3 of this Annex are not fulfilled, the Buyer may notify HARDWARIO of such defect and exercise the rights arising from the defective performance (i.e., claim the goods) by sending an e-mail to ask@hardwario.com or a letter to U Jezu 525/4, Liberec IV-Perštýn, 460 01 Liberec. The Buyer can also use the sample form for the complaint, which is part of this annex. In claiming the right of defective performance, describing the defect and choosing how the buyer wants to resolve it is necessary. HARDWARIO will settle the claim by the asserted right of defective performance.

Confirmation of the claim

Within five working days of receipt of the claim, HARDWARIO will confirm the receipt, the time of receipt, and the expected duration of the claim to the Buyer's e-mail address. A written acknowledgment of the claim will be issued in which HARDWARIO will state the date on which the Buyer made a claim, what is the content of the claim, what method of handling the claim the Buyer requires, and what are the Buyer's contact details to which the Buyer wishes to provide information on the handling of the claim.

The time limit for handling

HARDWARIO shall settle the complaint without undue delay but no later than 30 days from receipt, including sending the information to the Buyer’s e-mail. The time limit may be extended by mutual agreement. If the time limit expires in vain, the buyer may withdraw from the purchase contract or demand a reasonable discount on the price of the goods.

Delivery of the goods

For HARDWARIO to process a complaint properly, in some cases, the buyer must physically hand over the goods. If the goods are not handed over, the claim cannot be settled, and the time within which HARDWARIO must pay the claim is extended by the time of the delay in handing over the goods. If, as a result of the non-delivery of the goods, the goods cannot be examined, this may also be a reason for not accepting the alleged defect and, therefore, rejecting the claim. The goods can be handed over or sent to the address U Jezu 525/4, Liberec IV-Perštýn, 460 01 Liberec.

Information about the handling

HARDWARIO will inform the buyer by e-mail about the settlement of the complaint. If the complaint is justified, the buyer is entitled to a refund of the costs reasonably incurred. However, the buyer must prove these costs, e.g., by receipts or receipts for the shipping costs. If the defect has been rectified by delivery of new goods, the buyer must return the original goods to HARDWARIO. Still, HARDWARIO shall bear the costs of such return. HARDWARIO shall confirm the date and manner of the complaint after the complaint has been settled or give reasons in writing for the rejection.

The time limit for claiming

The consumer purchaser has the right to exercise the rights of defective performance for a defect in goods that occurs within two years of receipt. If the defect manifests within one year of receipt, the goods shall be deemed defective upon receipt.

Exclusions

The provisions concerning the right of defect do not apply in the following cases:

  1. the goods are sold at a lower price for a defect for which the lower price was agreed,
  2. wear and tear caused by regular use of the goods,
  3. used goods for a defect corresponding to the degree of use or wear and tear which the goods had when the buyer took them over,
  4. where the nature of the goods so requires,
  5. improper use of the goods or tampering with the goods,
  6. insufficient or improper maintenance of the goods.

GOODS WITH DIGITAL CHARACTERISTICS

Use of the article

This Article applies where the subject of the contract of sale is goods connected to digital content or a digital content service in such a way that without them, the goods could not perform their functions.

Agreed updates

HARDWARIO undertakes to provide the purchaser with agreed updates to the digital content or digital content service.

Necessary updates

In addition to the agreed updates, HARDWARIO undertakes to provide the Buyer with the updates necessary for the goods to retain the characteristics specified in Article 4.3 of this Annex after receipt and to notify the Buyer of the availability of the updates. It shall provide such updates for the period for which the provision of the digital content or digital content service has been agreed, but for a minimum of two years and, in the case of a one-off provision of such services, for three years.

Exclusions

Suppose the purchaser fails to make the necessary updates within a reasonable period. In that case, the purchaser shall have no rights under the defect that arose solely due to the failure to make the updates. This does not apply if the purchaser has not been advised of the update or the consequences of not doing so, has not done the update or has done it incorrectly due to a deficiency in the instructions provided.

DISPUTE RESOLUTION AND OTHER MANDATORY INFORMATION

Codes

Any codes of conduct do not bind HARDWARIO about the Buyer within the meaning of Section 1820(1)(n) of the Civil Code.

Complaints

HARDWARIO handles complaints from consumer purchasers via e-mail at ask@hardwario.com. Information on how the complaint is dealt with will be sent to the buyer's e-mail.

Out-of-court settlement

The Czech Trade Inspection Authority, with its registered office at Gorazdova 1969/24, 120 00 Prague 2, ID No.: 000 20 869, internet address: http://www.coi.cz, is competent for out-of-court settlement of consumer disputes arising from the contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can also be used.

Contact point

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).

Accessibility

HARDWARIO archives the Contract, including the Terms and Conditions, in electronic form, which is inaccessible to the Buyer.

Language

The contract with HARDWARIO can be concluded in Czech or English.

DOCUMENTS FOR DOWNLOAD

Claims Protocol

Withdrawal from the contract