I. Initial provisions

 

HGW Models, Martin Bobek, Růžová 5, post code 466 01 Jablonec nad Nisou, Czech Republic, Business Id. No. 02666685, is an operator of Internet sites as well as a seller and supplier of the articles specified on these websites. The company exercises copyrights to these Internet sites and products, as well as the appurtenances presented on these web sites under Act No. 121/2000 Coll., Copyright Act, as amended. All the provisions and legal regulations quoted in the „General Business Terms“, are subject to the law of the Czech Republic. All and any disputes shall be resolved at competent and relevant courts of the Czech Republic.

 

II. Providing personal data and their protection

 

To order articles using an Internet site, a Buyer shall provide his/her personal data. The Seller shall treat the provided data in compliance with Act No. 101/2000 Coll., On protection of personal data, as amended, in the scope required for entering into and performing a purchase agreement (order). The Buyer can lodge a claim at the relevant Office for Personal Data Protection in Prague (Czech Republic) should its rights be violated, and request a remedy.

 

III. Safety, copyright protection

 

The Buyer shall not interfere in the protocols or applications of the Seller´s websites, use them for transfer or try to get access to a place not open to the public without the approval of the Seller in electronic communication with websites of the Seller. Any reproduction, copying, distribution and offering of the website content for a consideration without the approval of the Seller is not allowed and shall be subject to the Copyright law.

 

IV. Legal status of the Seller and Buyer

 

Relationships between the Buyer and the Seller shall be governed by:a) the relevant provisions of Act No. 40/64 Coll., Civil Code, as amended, provided the Buyer is the final user, i.e. a natural person not conducting any business;b) the relevant provisions of Act No. 513/91 Coll., Commercial Code, as amended, provided the Buyer, who is not a user under S. 52, Subs. 3 of Act No. 40/1964 Coll., Civil Code, as amended, buys articles within its business or other entrepreneurial activity.

 

V. Selection of articles

 

The Buyer shall select articles exclusively using the websites of the Seller. The Buyer shall make itself acquainted in detail with the description of the articles to avoid any confusion in terms of the labelling, image congruence, which can only depict one type, but in more configurations. Should the Buyer not be sure about the configuration and type of articles, it should contact the Seller exclusively via a contact form on the website.

 

VI. Ordered articles, entering into an agreement

 

The Buyer orders articles (enters into a purchase agreement with the Seller) by filling in the details and appurtenances stated in the order form. Before the Order is confirmed, its completeness has to be checked. To place the order, the Buyer uses the roll-down menu and is allowed to change some items even retroactively. If the Buyer agrees with all the details filled in by it in the order form, it shall confirm the order and send it for further processing. By placing an order, the Buyer undertakes to withdraw the articles it ordered on the order form and, at the same time, without appending its own signature it confirms and approves the fact that the concerned amount will be deducted from its account. The Seller reserves the right to verify or request additional details of the Buyer or its payment card in specific cases. The order becomes a trade agreement once the Buyer has confirmed the placed order. Costs of the use of electronic media are governed by an agreement between the Buyer and its Internet connection provider. The Seller shall always be authorised to request the Buyer authorise the order in a suitable manner, i.e. in writing or by phone, depending on the character of the order, the quantity of articles, the price, cost of transportation, distance, etc. The order shall be considered invalid and, consequently, the purchase agreement becomes ineffective should the Buyer refuse to execute the authorisation as requested. The Seller also reserves the right to cancel the order for completely obvious printing errors concerning the price or description of a product (the customer will be informed by the Seller).

 

VII. Price and its payment

 

The Prices are effective at the moment the order is placed.An invoice issued upon an order (purchase agreement) between the Seller and the Buyer also serves as a tax document and a bill of delivery. The invoice is either part of the delivered articles or it can be sent by email upon agreement. In principle, the Buyer can accept the articles once it has paid for them. Details on price terms of the transport and postage charges are stated below. Should the Buyer pay in advance and the Seller be unable to supply the articles, it shall return the paid amount to the Buyer in an agreed manner without any delay. The period depends on the method of reimbursement. Shipping Rates for individual countries can be found here.

Retention of title: the title to the delivered articles shall not pass to the Buyer until the total price of the delivered articles, including appurtenances such as bank fees for foreign currency exchange, charge for transportation, packaging, etc., is paid. Foreign exchange bank fees are borne by the Buyer. The Buyer shall pay the price in the currency of the issued invoice.

 

VIII. Delivery term

 

The delivery term begins on the day the purchase agreement was duly entered into, i.e. once the Seller has sent a confirming e-mail for the articles for which the Buyer shall pay upon acceptance, i.e. cash on delivery. If the Buyer has selected a different option of payment rather than paying for the articles upon delivery, i.e. by payment transfer from its account to the Seller's account or by using a payment card, the delivery period starts from the moment the specific amount has been credited to the Seller´s account. Should it be impossible to deliver the ordered articles by the specific deadline, the Seller shall inform the Buyer of this and it shall state the replacement date of delivery.The delivery shall be carried out within 30 calendar days of the date the order was accepted.

 

Delivery options:

• delivery by mail

The Seller reserves the right to modify the prices with regards to the development of postal charges specified by the post office.

 

Payment options:

• cash on delivery (for both Czech and Slovak Republics);

• bank transfer against an advance invoice (for Czech Republic only);

• Paypal.


IX. Delivery

 

The Buyer shall duly accept the articles from the carrier, check the packaging integrity and inform the carrier itself without any delay should it establish any defects. Should the Buyer establish any damage of the original packaging of the articles or other damage to the packaging evidencing an illegal infringement of the consignment, it is recommended that the Buyer not accept the consignment in its own interest. If the Buyer accepts such a consignment, it shall fill in a damage form with the specific forwarding agent, signed by both parties. The Buyer shall claim the compensation from the forwarding agent. By signing the bill of delivery, the Buyer confirms that the consignment has met all the terms and appurtenances stated above. Later complaints about damaged consignment packaging will not be taken into account. The Seller bears no responsibility for any damage incurred by the forwarding agent or a third party.

 

X. Guarantee, complaints

 

A guarantee for the sold articles shall be provided by the Seller under the generally binding legal regulations of the Czech Republic. The guarantee period commences as of the day the Buyer accepts the articles from the Seller. The guarantee applies to manufacturing defects or other defects not incurred as a result of incompetent or inconsiderate handling, use of the product in conflict with its purpose or instructions for assembly, mechanical damage, natural disasters or as stipulated by law. Please note that the image on the packaging of the articles is informative only and does not need to fully comply with the contents of the delivered articles. Complaints can also be lodged via a complaint form, in extraordinary cases at the following email address: info@hgwmodels.cz. Faulty articles can be sent by mail, unless the Seller and the Buyer have agreed in advance by e-mail that the Seller shall see to sending the defective, missing or otherwise complained part of the article of the complained article to the Buyer without requesting to inspect the faulty article. Should the Buyer send the faulty item to the Seller, it shall append a legible original of the purchase document – the invoice with a detailed description of the defect of the faulty items. If the articles accepted by the Buyer do not comply with the purchase agreement, the Buyer shall have the right to have the item put into the condition corresponding to the purchase agreement by the Seller free of charge and without any delay, namely, either by replacing the items(s) or by completing it (them) subject to the Buyer´s requirement. If such procedure is impossible, the Buyer can request adequate suitable reduction in the price of the articles or it can withdraw from the agreement. This shall not apply to situations where the Buyer knew about the conflict before accepting the articles or if the conflict with the purchase agreement was caused by the Buyer itself.For justified complaints, the Buyer is authorised to:•have its complaint settled at the latest within 30 calendar days of the day the complaint was enforced, unless the Seller agrees otherwise with the Buyer;•for fixable defects, the Buyer has the right to free, due and timely removal of the defect, the right to exchange the defective articles or defective parts, unless it is disproportional in terms of the character of the defect and if such procedure is impossible, the right to a suitable reduction in the purchase price or to withdraw from the purchase agreement;•in non-fixable defects that prevent due use of the article, the right to replacement of the defective articles or to withdraw from the agreement.Once the complaint has been accepted, the Buyer shall be informed of the most suitable form and details of the complaint procedure within 7 days. A record in writing on accepting the complaint and its settlement shall be made and sent to the email address of the Buyer.If the complaint is justified, the Buyer has the right to compensation for all cost purposefully incurred in connection with the enforced complaint.

 

XI. Withdrawal from the agreement

 

A Buyer who does not purchase the articles within its business or other entrepreneurial activities (does not buy any articles upon its business identification number) has the right under S. 53, Subs. 7 of Act No. 40/1964 Coll., of the Civil Code, as amended, to withdraw from the agreement within 14 days of acceptance of the articles. The withdrawal shall proceed in such a manner that the Buyer delivers to the Seller a notification of withdrawal by the end of the 14-day period so that it is demonstrable if need be, i.e. by e-mail to: info@hgwmodels.cz, to the address: Martin Bobek, Růžová 5, post code 466 01 Jablonec nad Nisou, stating the order and invoice number. To meet the 14-day period, the date of dispatch is decisive. The Buyer shall return the articles within 2 work days of the notification of withdrawal being dispatched at the latest, either by delivering it to the registered office of the Seller or by sending it to the Seller´s address. A purchase document (invoice) shall be appended to the returned articles to unambiguously identify the consignment. (Articles sent by cash on delivery will not be accepted by the Seller and will be returned to the Buyer at its own cost). Otherwise the Seller is authorised to charge the Buyer a so-called “delay charge” amounting to 10 % of the price of the articles for every day of delay. Should the Buyer use the right to rendition of the articles, these shall be returned undamaged without any marks of wear and tear, in the original packaging. We kindly request that customers specify the reason for withdrawing from the agreement. This information is not obligatory and has no influence on the effectiveness of the withdrawal, it is only used to improve our services! Thank you. Once the Seller receives the returned articles, it shall check these within 15 days. If the articles were returned undamaged and unused, the Seller will inform the Buyer that the articles were duly returned by the end of the specified 15-day period. In such case the Seller shall return the paid purchase price for the articles to the Buyer within 15 days of dispatch of the above-stated information, either by a money order at the address (if the articles were paid by cash on delivery) or by transfer to the Buyer´s account (if the articles were paid by transfer or a payment card – in this case the Buyer is obligated to notify the Seller of its account number and the bank). Should the returned articles be damaged in any way or showed any wear and tear, the Seller reserves the right to compensation for loss against the purchase price. The articles cannot be returned by the cash on delivery method. Should the Buyer return the articles using Česká pošta, s. p., it shall send these by registered mail or using another „higher“ form of postal service, however, always insured for the corresponding value of the articles and at its own cost. The Seller does not reimburse the charges for dispatching the articles (i.e. transportation, postal or cash on delivery charges). If the transportation was not charged with the order due to the amount reaching beyond the specified limit for being eligible for free transportation or a different reason, the actual price of the returned articles will be reduced by the price of transportation.A Buyer who is not a user/consumer under S. 52, Subs. 3 of Act No. 40/1964 Coll., Civil Code, as amended, and who purchases articles within the framework of its business or other entrepreneurial activities, can withdraw from the agreement only in compliance with the provision of S. 344 and the following of Act No. 513/1991 Coll., Civil Code, as amended.

 

XII. Order cancellation

 

The Buyer is authorised to withdraw from the order without any recourse at any time before the articles have been dispatched. The Seller reserves the right to cancel the order or its part in the following cases: the articles are no longer manufactured or supplied or the price of the articles has changed dramatically. If such a situation occurs, the Seller shall inform the Buyer immediately to agree on a further procedure. If the Buyer has already paid part or all of the purchase price, this amount shall be transferred back to its account or to the address in the shortest possible period unless otherwise agreed.

 

XIII. Conflict with the purchase agreement

 

If the item is in conflict with the purchase agreement upon acceptance by the Buyer ("conflict with the purchase agreement"), the Buyer has the right to have the item put into a condition corresponding to the purchase agreement by the Seller free of charge and without any delay, either by replacing the item or repairing it subject to the requirement of the Buyer. Should such procedure be impossible, the Buyer can request a suitable reduction on the price of the article or to withdraw from the agreement. This does not apply if the Buyer knew about the conflict with the purchase agreement before accepting the item or such a conflict was inflicted by the Buyer itself. A conflict with the purchase agreement manifested during six months from the date of accepting the item is understood as a conflict existing already upon acceptance of the item, unless it contradicts the character of the item or unless the contrary is proved.

 

XIV. Notification for the Seller

 

The Seller notifies the Buyer of the fact that subject to Appendix 1, Subs. 2a), b) of Decree of the Czech Government No. 86/2011 Coll., on technical requirements for toys, as amended, true models of original products and building systems for building models at a reduced scale are not considered toys but are intended for collectors aged over 14.

 

XV. Final provisions

 

These business terms are effective in the scope and wording shown on the Internet sites of the Seller as of the day an electronic order is placed. By placing an electronic order, the Buyer confirms to the Seller that the Buyer accepts the price of the ordered articles together with any dispatch and transportation costs and all business terms and provisions in the wording effective at the moment the order was placed. As soon as the Buyer receives a confirming e-mail from the Seller, the Seller´s offer for the ordered articles and the price specified in the order are effective until the articles are delivered to the Buyer, unless any provisions of these General Business Terms stipulate otherwise in a special case. By placing an order, the Buyer undertakes to meet the General Business Terms for the period stipulated for the delivery of the articles. The Seller shall keep the order (purchase agreement) in its bookkeeping in electronic format for five years. Such archived purchase agreement is not accessible by the public.