Terms and Conditions

I. Basic Provisions 

The following Terms and Conditions (Business Terms and Conditions) regulate the relationships of parties to a purchase / licence agreement entered into by and between H TEST a.s., Co. Reg. No. 25784480, VAT Reg. No. CZ25784480, with its registered office at Na Hřebenkách 1206/25, CZ-150 00 Praha 5, registered in the Commercial Register with the Municipal Court in Prague, File No. B 6041 as the seller on the one part (H TEST) and the purchaser on the other part (purchaser). 
 
Detailed information about H TEST is available at www.htest.cz/en , in „about us“ section.

 
Purchaser is a consumer, an entrepreneur or an institution (funded organisation, government department).
 
Consumer is a private individual acting in a private capacity, entering into an agreement or otherwise dealing with H TEST.
 
Entrepreneur is an individual licensed to get engaged in business on one’s own account and responsibility with an intention to generate profit on a continuous basis. For the purposes of consumer protection, an entrepreneur is (including but not limited to) an individual entering into contracts / agreements relating to the entrepreneur’s business, manufacturing or similar activities or employment; or an individual acting on behalf or on account of an entrepreneur in question. For the purposes hereof, an entrepreneur is an individual acting in compliance with the preceding sentence as part of one’s own business. If completing their registration number in the order, the purchasers acknowledge that they are bound by the rules stipulated in the Business Terms and Conditions for entrepreneurs. Entrepreneur also means a private educational institution with legal subjectivity.

Institutions are meant public educational or research facilities, established by the state and its departments (public secondary schools and universities, Academy of Science etc.).

 
By placing the order, the purchaser confirms that it has become familiar with these General Business Terms and Conditions prior to entering into the agreement, namely with the representations and warranties given in Part II. hereof, as well as with the warranty and service conditions given in Part III. hereof, and explicitly agrees to the same in the wording valid and effective as at the moment of placing the order.

The purchaser acknowledges that it is not entitled to use the registered trademarks, trade names, company logos, etc. of H TEST or H TEST’s contractual partners by virtue of having purchased the products offered by H TEST, unless agreed otherwise under a specific agreement with reference to individual cases.

The buyer recieves a copy of the General Terms and Conditions to specified e-mail address as an attachment to order confirmation after the order is beeing processed.

II. Pre-Contractual Representations and Warranties

H TEST declares that:

a.        the cost of distance communication is subject to no additional fees (H TEST charges no additional fees to the amount charged by the purchaser’s internet / telephone provider; unlike in case of contractual deliveries).

b.        requests the payment of the purchase price based on issued pro-forma invoice in the form of bank transfer before shipment order fulfillment, unless otherwise agreed.

c.        in the case of license agreements concluded for an indefinite period, the license price is agreed for the entire period of the license, unless stated otherwise;

d.        The prices for goods and services displayed on the website operated by H TEST are quoted incl. and excl. VAT, with all statutory fees (if any). Shipping costs, however, vary with reference to the order value and are specified within the e-commerce.

e.        Purchasers-consumers are entitled to withdraw from the agreement (unless otherwise stipulated below) within a period of 14 days commencing on the day of:

i.        receiving the goods (purchase agreements);

ii.        receiving the last delivery (agreements for the purchase of several types of goods / delivery of several parts); or

iii.        receiving the first delivery (ongoing contracts);

and do so in writing to the H TEST central office located at Šafránkova 3, CZ-150 00 Praha 5.

f.         The consumer cannot withdraw from an agreement for the:

i.        provision of services performed by H TEST with previous explicit consent of the consumer prior to the expiration of the period of notice;

ii.        delivery of goods / services offered for the price affected by deviations in the financial market beyond H TEST’s control with a potential to occur during the period of notice;

iii.        delivery of goods adjusted as per the requirements / for the needs of the consumer;

iv.        repair or maintenance carried out in a place designated by the consumer as per the consumer’s request (save for other than requested repairs / delivery of other than requested spare parts);

v.        delivery of software licence whereby already became familiar with the installation code;

vi.        delivery of a digital content (delivered other than on a physical carrier with previous explicit consent of the customer prior to the expiration of the period of notice whereby H TEST underlines that an agreement for the delivery of an on-line content cannot be withdrawn).

g.The costs incurred in association with returning the goods (withdrawn agreements) / costs of returning the goods other than by ordinary post if the nature of such goods so precludes (withdrawn agreements negotiated away from business premises) are borne by the consumer.

h.        The consumer is required to pay a pro-rata price for services already commenced to be provided under a withdrawn agreement.

i.         Any complaints can be made by using any contact listed on www.htest.cz/en/contacts.

III. Warranty and service conditions

Warranty and post warranty service is provided by H TEST a.s. and its service organization.

The warranty does not cover defects:
a) caused by unauthorized intervention into the device
b) repair or maintenance of equipment by the persons not expressly authorised by the seller
c) as a result of using the goods for other purposes than usual, improper storage, improper or unprofessional operation
d) plugging into the power network not compatible with product specification
e) using unauthorized software
f) natural disasters or force majeure
g) caused by failure to follow manufacturer´s and seller´s instructions in the product documentation
h) improper installation or other mechanical damage
i) operation in environments with excessive dust, temperature or humidity

Goods intended for the claim must be delivered with:
a)  enclosed copy of the invoice
b) a written description of the problem
c) a contact address, phone number and a list of goods claimed

H TEST will provide a warranty repair within 30 days from receiving the device to H TEST´s service center.

Contact information for service center H TEST a.s.:

H TEST a.s.
Šafránkova 3
15500 Praha 5
tel: 235 365 207
fax: 235 363 893
E-mail: info@htest.cz

IV. Agreement

1. Execution

The purchaser enters into the agreement by accepting the offer to enter into the agreement as displayed on the e-commerce site operated by H TEST by adding the requested product (goods, services, digital content) to the cart. The purchaser can change the products added to the cart as well as the selected shipping and payment method, i.e. check the order details, before placing a firm order. The purchaser has also the right to apply, through the appropriate checkbox, for discounts provided to educational institutions. This discount is subject to approval by H TEST. The purchase agreement is entered into upon the moment the purchaser (having selected the shipping and payment method) submits the order and the order in question is received by H TEST whereby H TEST assumes no liability for any mistakes and errors (if any) having occurred during the transfer of data. The purchaser is informed about the executed agreement in a confirmation email letter sent by H TEST to the email address provided by the purchaser.

The confirmation email letter is sent along with the H TEST General Terms and Conditions and proforma invoice. Unless stated in the General Business Terms and Conditions otherwise, the executed agreement (incl. agreed price) may be amended or terminated only with the agreement of the parties or in cases stipulated by law.

The executed agreement is archived by the seller for at least five years from the execution day, however, not longer than for the period stipulated by relevant law. Archived for the performance purposes, the agreement is not additionally available to other than involved third parties. Information about the individual technical steps to be taken in order to enter into an agreement is implied by and the process of entering into an agreement is comprehensibly described in these General Business Terms and Conditions.

2. Delivery

Under the purchase agreement, H TEST undertakes to deliver the product to the purchaser, provide the digital content/licence to the purchaser and enable the purchaser to acquire the title/licence to the product/digital content purchased under the purchase agreement; the purchaser undertakes to receive the product/digital content from and pay the purchase price to H TEST.

As H TEST reserves the right of ownership to the product, the purchaser acquires the title to the product only after the purchase price has been paid in full. The same applies with necessary modifications also to the purchased licences or services.

H TEST delivers the product to the purchaser along with relevant documents pertaining thereto and enables the purchaser to acquire the title to the product/licence in compliance with the agreement.

Products shipped by H TEST are delivered to the purchaser (consumer) at the time the shipping company delivers the goods.

H TEST delivers the purchased product to the purchaser in the agreed amount, quality and design.

If not agreed otherwise, the product is packed by H TEST by convention; if no convention exists, the product in question is packed as to provide for its protection and preservation. The same applies also to goods to be shipped.

To minimizing the damage and ensure the smooth supply of the H TEST, we reserve the right to deliver goods to Purchaser after full payment of the total purchase price. Once the Purchaser pays a total purchase price of goods purchased, H TEST will make expedition of the goods in accordance with the requirements set out in the Buyer's order.

3. Risk of Damage

The product is defective if lacking the agreed characteristics. The product is deemed defective also in cases where the purchaser is delivered other than the ordered product or where the documents necessary for the use of the product in question contain defects.

The purchaser can claim improper performance with reference to the defect inherent to the product at the moment the risk of damage passes to the purchaser although the defect in question becomes evident only later. The purchaser can claim the rights also with reference to a defect that has become evident later as result of a breach of HTEST’s obligation.

The purchaser is to examine the product, its characteristics and quantity as soon as feasible after the risk of damage to the product passes to the purchaser.

The risk of damage passes to the purchaser upon accepting the product in question; the same applies also to cases where the purchaser rejects to accept the goods although having been enabled by H TEST to view and try the product.

4. Liability (H TEST)

H TEST is liable to the purchaser that the product is free from defects upon receipt. In particular, H TEST is liable to the purchaser that, at the moment the product is received by the purchaser:

a.        The product has the characteristics agreed by the parties or (if no agreement is reached) the characteristics described by H TEST or the manufacturer or expected by the purchaser with reference to the nature of the goods and related advertisement with that, that purchaser takes into account displayed labels for each product are informative and H TEST a.s. is not responsible for any errors and inaccuracies; accurate, detailed and valid specifications are available in the relevant product / technical data sheets.

b.        The product can be used for the purposes stated by H TEST or for the purposes for which the product of that kind is usually used.

c.        The product is provided in the corresponding quantity, measurement or weight.

d.        The product complies with the requirements stipulated by law.

If the product becomes defective within six months after receipt, the product is deemed being defective already upon receipt.

Unless stipulated otherwise, the purchaser is entitled to claim defective consumer goods within warranty period after receipt. This does not apply to:

a.        discount-related defects;

b.        usual wear and tear;

c.        defects caused by ordinary use or wear and tear and evident at the moment of receipt by the purchaser; or

d.        cases implied by the nature of the case.

Improper performance cannot be claimed if the purchaser was aware about the defect before accepting the product or if the defect in question was caused by the purchaser.

In the event of a defect to be addressed by H TEST and occurring on a discounted/used product, the purchaser is entitled to a reasonable discount rather than to replacement.

6. Improper performance

In case of improper performance, the purchaser is entitled to have the defect removed.

Defects can be removed at H TEST’s discretion either by way of repair or delivery of a new product.

If H TEST fails to remove the defect or refuses to remove the defect, the purchaser may claim a reasonable discount on the purchase price or withdraw from the agreement whereby the selected option can then be changed only if so approved by H TEST.

7. General Breach

The purchaser may claim to have the defect removed by way of being delivered a new thing or a replaced component part also in cases where the defect can be removed but the product cannot be used because of a repeated occurrence of the defect after repair or a larger number of defects. In such cases, the purchaser is entitled to withdraw from the agreement.

If being delivered a new product, the purchaser returns the original product back to H TEST (along with all accessories delivered together with the product itself) and does so at H TEST’s cost.

Purchasers failing to report the defect without undue delay after the defect could have been ascertained by the purchaser had the product been examined in due course and with sufficient care will not be adjudicated by court the rights under improper performance. The same applies also to a hidden defect not reported without undue delay after the defect could have been ascertained by the purchaser had the product been examined with sufficient care, however, not later than within a warranty period after the product has been delivered to the purchaser.

The purchaser is not entitled to claim guarantee with reference to a defect caused by outer circumstances after the risk of damage has passed to the purchaser.

V. Withdrawal

1. Consumer

Consumers are entitled to withdraw from the agreement within a period of 14 days. The period stated in the first sentence commences on the day the agreement is executed, this being the day of:

a.        receiving the goods (purchase agreements);

b.        receiving the last delivery (agreements for the purchase of several types of goods / delivery of several parts); or

c.        receiving the first delivery (ongoing contracts).

Information about the withdrawal has to be delivered in written form to the official H TEST address (Šafránkova 3, CZ-150 00 Praha 5).

If withdrawing from the agreement, the consumer is to return to H TEST the goods delivered by H TEST and do so at consumer’s cost without undue delay, however, no later than within 14 days after withdrawing from the agreement.

The goods are to be returned complete, i.e. along with the delivered accessories and complete documentation, undamaged, clean, in the original packaging  and in the condition and value in which the goods have been received by the purchaser.

Consumers withdrawing from the agreement are refunded the entire amount paid under the agreement whereby this amount is refunded by H TEST without undue delay, however, no later than within 14 days following the withdrawal, and with the use of the same method of payment as agreed in the agreement.

Consumers withdrawing from the agreement may as well be refunded the entire amount paid only after the goods are returned to H TEST or after the consumers prove that the goods have been sent to H TEST.

2. Other

If the product in question cannot be returned in the condition originally received by the purchaser, the agreement cannot be withdrawn or delivery of a new product claimed. This does not apply to cases where:

a.        The condition changed due to the inspection of the product for defects.

b.        The product was used by the purchaser before the product was found defective.

c.        The product cannot be returned in the original condition for reasons other than beyond control (wilful act or neglect) of the purchaser. OR

Purchasers failing to report the defect in due course are not entitled to withdraw from the agreement.

V. Personal Data Protection and Security

The seller represents and warrants that all personal data are confidential and such will be used only for the performance of the agreement entered into with the purchaser and for the marketing purposes of the seller (incl. marketing activities performed together with the contractual partners of the seller). The personal data will not be published or disclosed to third parties, with the exception of cases where such disclosure is necessary for the distribution of and payment for the ordered goods (name, account number, shipping address) or for special marketing purposes. In handling the personal data, the purchaser proceeds without detriment to the rights of the entity disclosing the personal data, namely the right to human dignity, and cares for the protection of the private and personal life of the same from unauthorised intervention. The personal data disclosed willingly by the purchaser for the purposes of placing the order and marketing are collected, processed and stored in compliance with law. The purchaser gives consent to the seller to collect and process the disclosed personal data for the performance of the purchase agreement in question and for the marketing purposes of the seller (especially for business information communication); the consent is granted until revoked in writing by sending the notice of revocation to H TEST a.s., Šafránkova 3, CZ-150 00 Praha 5 or via e-mail info@htest.cz.

Customers making a claim with H TEST are required to provide their full name, address, telephone number and signature (digital signature) whereby such disclosed personal data are processed exclusively for the purposes of handling the claim and in compliance with law.

Purchasers are entitled to access and edit their personal data, request explanation and removal of mistakes as well as exercise other rights pertaining thereto.

In obtaining the consent to personal data processing, H TEST may use cookies in compliance with Directive 95/46/EC (aka Cookie Directive) in order to make the provision of information services easier. The users may prevent the cookies from being stored in their end devices, for instance, by running the anonymous browsing function.

VI. Prices

The prices are contract prices. Prices quoted online in the e-shop are always up to date and valid. Prices quoted for individual products are excl. VAT. Taxes and fees (if any) payable by the consumer for a product in question (e.g. VAT, shipping costs…) are listed and visible in the order summary.

Special promotion prices are valid either until stocks are exhausted or for a limited period.

The “original price” refers to the price at which the goods/services/licenses in question were originally offered in H TEST’s e-shop or the manufacturer’s suggested retail price, excluding any bonuses, promotions, special offers or other discounts.  

The purchaser acknowledges that H TEST and the purchaser need necessarily not enter into the agreement, especially if the goods are ordered by the purchaser for a price mistakenly quoted on the website due to the internal H TEST system error of which the purchaser is informed by H TEST.

H TEST reserves the right to declare the purchase agreement void in case of misused personal data, misused payment card, etc. or with reference to the intervention of an administrative or court authority of which the purchaser is informed by H TEST. The purchaser acknowledges that the purchase price cannot be entered into as valid in the aforementioned cases.

The purchaser gets the product in question for the price valid at the time of ordering.

The price is stated on the order and in the e-mail confirming that the order has been placed.

VII. Payments

H TEST accepts the bank transfer payment based on issued proforma invoice.

Unless paid in full and received, the goods remain the property of H TEST. The risk of damage passes to the purchaser upon receipt.

Once the order is placed, the billing details of the purchaser cannot be edited.

VIII. Delivery

1. Options

H TEST delivers the goods  in co-operation with a shipping company selected by H TEST.

2. Other

When receiving the goods from the shipping company, the purchaser – along with the shipping company representative – is to properly and thoroughly inspect the delivery (namely the number of packages, undamaged sealing tape bearing the company logo and undamaged packaging) as per the enclosed delivery note. The purchaser may refuse to accept the delivery shipped contrary to the purchase agreement, for instance with reference to incomplete or damaged delivery. If accepting the damaged delivery from the shipping company, the purchaser is to describe the damage in the delivery note of the shipping company.

Incomplete or damaged deliveries must be immediately reported by email to info@htest.cz and the damage be described in the report on damage executed with the shipping company representatives and sent to H TEST by fax, email or post without undue delay.

IX. Guarantee

The guarantee terms and conditions are governed by these H TEST General Term and Conditions and relevant law of the Czech republic. Purchase document (invoice) is beeing used as a certificate of guarantee.

X. Final Provisions

Relations and any disputes arising under the contract shall be resolved exclusively by the law of the Czech Republic and will be resolved by the competent courts of the Czech Republic.

Any disputes between H TEST and the Purchaser they can settle their dispute out-of-court through :

1)       Czech Trade Inspection
Central Inspectorate - Department of ADR
Štěpánská 15
CZ-120 00 Praha 2
Email: adr@coi.cz
Web: adr.coi.cz

2)       Alternative Dispute Resolution or Online Dispute Resolution (ADR / ODR) procedure, established by the European Commission at http://ec.europa.eu/consumers/odr .

The agreement is entered into in the English language. If the agreement is required to be translated for the purchaser into another language, the English version prevails in case of discrepancies between the two language versions.

These General Business Terms and Conditions and parts hereto come into force and effect on 1.4.2017, repealing the previous versions.