I. General Provisions
These General Terms and Conditions have been prepared in accordance with Act No. 40/1964 Coll., the Civil Code, Act No. 250/2007 Coll. on Consumer Protection, Act No. 108/2000 Coll. on Consumer Protection in Door-to-Door and Mail Order Sales, Act No. 22/2004 Coll. on Electronic Commerce as amended, and Act No. 428/2002 Coll. on Personal Data Protection as amended.
These General Terms and Conditions govern the rights and obligations of the contractual parties arising from the purchase agreement concluded between the seller, HITEC GROW s.r.o. (hereinafter referred to as the “seller”), and the buyer, whose subject is the purchase and sale of goods through the seller’s online store.
Seller’s Contact Information:
HITEC GROW s.r.o.
Bajkalská 22,
821 09 Bratislava
Slovak Republic – EU
Company ID (IČO): 46558535
VAT ID (IČ DPH): SK2023527495
Bank Account for Cashless Payments:
Payments in CZK
Slovenská sporiteľňa, a.s.
IBAN: SK62 0900 0000 0052 0579 5081
SWIFT: GIBASKBX
Payments in EUR
Slovenská sporiteľňa, a.s.
IBAN: SK43 0900 0000 0051 9797 2470
SWIFT: GIBASKBX
By submitting an order, the buyer confirms that they agree with these General Terms and Conditions and that these terms shall apply to all purchase contracts concluded via the seller’s online store and to all relationships between the seller and the buyer, particularly those related to the conclusion of the purchase contract and the handling of complaints.
These General Terms and Conditions are an integral part of the purchase contract. If the seller and the buyer conclude a written purchase contract with terms different from these General Terms and Conditions, the provisions of the purchase contract shall prevail.
The availability of goods shall be confirmed based on the buyer’s inquiry.
The seller is bound by their offer of goods, including price, as presented on any of the seller’s websites, for a period of 24 hours after the order acceptance confirmation is sent to the buyer.
II. Method of Concluding the Purchase Agreement
The purchase agreement is concluded through the seller’s binding acceptance of the buyer’s offer to conclude a purchase contract, in one of the following forms:
- a) by an email sent by the buyer to the seller,
- b) by the buyer completing and submitting a form on the seller’s website,
- c) by a telephone order made by the buyer to the seller,
- d) by an SMS message sent by the buyer to the seller (hereinafter referred to as the “order”).
The seller’s binding acceptance of the buyer’s order is considered the phone call or email confirmation sent to the buyer after receipt of the order and verification of the product’s availability and delivery time, marked as an “order confirmation”.
An automatic system message confirming receipt of the order by the seller’s system, sent to the buyer’s email immediately after placing the order, is not considered a binding acceptance of the order.
The seller’s order confirmation includes the following information:
- • availability and estimated delivery date of the goods,
- • product name and price, shipping cost,
- • delivery address and contact person,
- • conditions and method of transportation.
All additional information related to the order will be sent to the buyer’s email address, if necessary.
The binding order confirmation includes details of the name and specifications of the goods to be sold under the purchase agreement, the price of the goods and/or other services, estimated delivery time, delivery location, transportation terms, and the seller’s details (company name, registered address, company ID, business register entry, etc.), as well as any other relevant information.
III. Withdrawal from the Purchase Agreement
The buyer may notify the seller by email or telephone within 24 hours of order submission that they are canceling the order. The cancellation notice must include the buyer’s name, email address, and a description of the ordered goods. In the case of a canceled order, the seller will not charge the buyer any fees related to the cancellation.
The buyer has the right to withdraw from the purchase agreement without stating a reason within seven (7) business days from the date of receipt of the goods. Within this period, the buyer must return the goods to the seller, even if the goods were used or show defects not caused by the consumer. Reasonable care must be taken of the goods.
If the buyer has already paid the purchase price or part thereof before cancellation, the seller shall refund the full or partial amount no later than 15 days after the order cancellation via bank transfer, unless otherwise agreed by the parties.
IV. Rights and Obligations of the Seller
The seller is especially obligated to:
- a) deliver the goods ordered by the buyer in the confirmed order in the agreed quantity, quality, and within the agreed timeframe, and package or prepare them for transport in a manner necessary to preserve and protect them,
- b) ensure that the delivered goods comply with applicable legal regulations of the Slovak Republic,
- c) provide the buyer, at the latest upon delivery, with all documents necessary for the acceptance and use of the goods, either in physical or electronic form (e.g. user manuals in the Slovak or Czech language, warranty certificate, delivery note, and tax invoice),
- d) sell goods in the correct weight, measure, or quantity and allow the buyer to verify the accuracy of these details,
- e) sell goods of standard quality; if the quality is not specified, the seller may only deliver goods of lower than standard quality if the buyer has been explicitly informed of all differences.
The seller has the right to receive full and timely payment of the purchase price from the buyer for the delivered goods.
The seller reserves the right to cancel an order if the goods are out of stock or unavailable, or if the seller is unable to deliver the goods within the timeframe specified in these terms and conditions or at the listed price, unless an alternative arrangement is agreed upon with the buyer. In such a case, the buyer will be notified by phone or email, and any paid amount will be refunded within 15 days to the buyer’s designated account, unless agreed otherwise.
V. Rights and Obligations of the Buyer
The buyer is obligated to:
- a) accept the purchased or ordered goods,
- b) pay the agreed purchase price to the seller within the due date, including delivery costs,
- c) not damage the seller’s business reputation,
- d) confirm receipt of the goods by signing the delivery note personally or via an authorized representative.
The buyer has the right to receive the goods in the quantity, quality, and at the time and place agreed upon in the binding order confirmation.
VI. Delivery and Payment Terms
The goods are sold according to samples, catalogs, data sheets, and product templates published on the seller’s online store website.
The seller is obligated to fulfill the buyer’s order and deliver the goods within 30 days of the goods being supplied by the manufacturer or distributor to the seller.
The buyer is required to accept the goods at the place specified in the seller’s order confirmation. If the seller delays delivery, they are entitled to unilaterally extend the delivery period, even repeatedly, and will issue confirmation of such extension to the buyer.
If the buyer fails to collect the goods within 7 days after the agreed delivery date or the extended period, the seller is entitled to store the goods for an additional 7 days and charge a contractual penalty of €16.60 per day for storage. If the buyer still fails to collect the goods within 14 days of the original date, the seller may withdraw from the purchase agreement and sell the goods to a third party. The buyer will be refunded their deposit minus any contractual penalties.
The seller may also invite the buyer to accept the goods before the agreed delivery deadline.
Delivery Methods:
The goods will be delivered by the method chosen by the buyer:
- a) cash on delivery,
- b) courier or express postal service arranged by the seller,
- c) personal pickup at the seller’s business premises or store.
The weights, dimensions, and other product data listed in catalogs, brochures, or other materials on the seller’s website are non-binding.
The delivery location is the one specified in the seller’s order confirmation unless otherwise agreed in the purchase contract.
If the goods are delivered to the location designated by the buyer, the buyer must receive the goods personally or authorize another person to do so. The authorized recipient must present a copy of the purchase agreement, proof of payment, and a written power of attorney. If redelivery is needed due to buyer’s absence, the buyer is responsible for all additional costs, including penalties as per point 3 of this section.
Goods are considered delivered when they arrive at the address specified in the order confirmation and are accepted by the buyer or an authorized representative, or if delivery is refused (which the courier will note in the delivery report).
Damage Inspection:
The buyer must inspect the goods and their packaging upon delivery. If any mechanical damage is detected, it must be immediately reported to the courier, and the condition of the goods must be checked in the courier’s presence. A written record of the damage must be created and signed by the courier. Based on this report, the seller may offer a replacement, a discount, or a new product in case of an irreparable defect.
Failure to Deliver:
If the seller fails to deliver the goods within 5 days of the agreed deadline, the buyer is entitled to withdraw from the contract. The seller must refund any paid amount within 15 days via bank transfer to the buyer’s designated account.
Invoicing:
The buyer will receive an invoice via email with each shipment. If the manufacturer provides a warranty certificate, it will be included in the product packaging.
VII. Purchase Price
The buyer is obliged to pay the seller the purchase price for the goods as agreed in the purchase contract and/or according to the seller’s current price list at the time of the contract conclusion, including the delivery costs (hereinafter the “purchase price”).
The payment can be made by:
- • cash at the seller’s business premises,
- • cash on delivery at the place of delivery,
- • cash on delivery via postal service (e.g. Česká pošta),
- • bank transfer to the seller’s account as stated in the binding order confirmation.
The seller reserves the right to adjust the purchase price due to changes in legal regulations, supplier pricing, or manufacturing costs.
For bank transfers, the payment is considered completed on the day the full amount is credited to the seller’s account.
The buyer is obliged to pay the purchase price within the deadline specified in the purchase agreement, no later than upon receipt of the goods.
All promotional offers are valid while supplies last, unless otherwise stated for specific products.
VIII. Acquisition of Ownership and Transfer of Risk
The buyer acquires ownership rights to the goods only after the full purchase price has been paid.
The risk of damage to the goods passes to the buyer at the moment the goods are received from the seller, or if the buyer fails to accept the goods on time, at the moment the seller enables the buyer to take possession of the goods and the buyer does not do so.
IX. Personal Data and Its Protection (GDPR)
The contractual parties agree that if the buyer is a natural person, they are required to provide the seller with the following personal data: full name, permanent address including ZIP code, delivery address (if different), phone number, and email address.
If the buyer is a legal entity or an entrepreneur, they are required to provide: business name, registered office address including ZIP code, company ID, phone number, and email address.
By concluding the purchase agreement, the buyer confirms their consent under Section 7(1)(a) of Act No. 428/2002 Coll. on the Protection of Personal Data, as amended (hereinafter the “Data Protection Act”), for the seller to process and store their personal data — especially the data listed above and other data necessary for the seller’s operations — in all of the seller’s information systems.
The seller commits to handling the buyer’s personal data in accordance with the applicable legislation of the Slovak Republic. The buyer grants this consent for a definite period — until the purpose of data processing is fulfilled. Upon fulfillment of this purpose, the seller will delete the buyer’s personal data without delay.
The buyer may revoke their consent at any time in writing. The consent expires within one month from the date the revocation is delivered to the seller.
The seller declares that in accordance with Section 6(1)(c) of the Data Protection Act, personal data will be collected solely for the purpose of fulfilling the purchase agreement.
The seller further declares that under Section 6(1)(e) of the same Act, any data collected for other purposes will be processed and used solely in a manner consistent with the originally stated purpose and will not be merged with data obtained for other purposes.
In accordance with Section 6(1)(i) of the Data Protection Act, the seller commits to processing personal data ethically and in a way that does not contradict or circumvent the law. The seller also confirms that consent will not be coerced or made a condition for entering into a contractual relationship or for receiving goods or services.
Complete details on what personal data we collect and how we process it can be found on our Privacy Policy page.
X. Complaints Procedure (Liability for Defects, Warranty, Claims)
The seller is liable for defects in the goods, and the buyer is obliged to file complaints without undue delay in accordance with the seller’s valid complaints policy. Information about service points for warranty and post-warranty repairs can be found on the back of the warranty certificate or provided by phone or email upon request.
By submitting an order, the buyer confirms they have been properly informed of the complaint terms and process, including where and how complaints may be made, and how warranty repairs are handled in accordance with Section 18(1) of Act No. 250/2007 Coll. on Consumer Protection as amended.
This Complaints Procedure applies to goods purchased from the seller via the online store and is valid unless otherwise agreed in a written warranty agreement.
The buyer may claim a warranty only for defects caused by the manufacturer, supplier, or seller, and only for goods purchased from the seller that are under warranty.
The buyer must inspect the goods upon receipt. If this is not done, claims for defects identifiable during such inspection can only be made if the buyer proves that the defect existed at the time of receipt.
During the warranty period, the customer is entitled to free defect removal upon presenting the product along with accessories, documentation, and instructions to the seller’s representative, including the original packaging, warranty certificate, and proof of payment.
To file a complaint, the buyer must send the goods at their own expense to the seller’s premises and provide a written description of the defect. Alternatively, complaints can be filed with authorized service providers listed in the warranty certificate.
The complaint procedure begins when the following conditions are met:
- a) delivery of a written complaint by the buyer to the seller,
- b) delivery of the defective product to the seller (unless directed otherwise).
The seller must accept complaints at any business location where such acceptance is possible, or at their registered office, or through an authorized service partner. A designated person must be available at the complaint acceptance location.
The seller or authorized entity must confirm receipt of the complaint in writing or via email, detailing the defect and informing the buyer of their rights under Sections 622 and 623 of the Civil Code. Confirmation must be sent immediately or no later than with the outcome of the complaint if submitted remotely.
The seller must determine how the complaint will be handled immediately, or within 3 days for complex cases, and must resolve the complaint within 30 days of initiation. If not resolved within this time, the buyer has the right to withdraw from the contract or request a replacement.
If the complaint is submitted within the first 12 months of purchase, it may only be denied based on an expert opinion. The seller bears all costs of such assessment. If the buyer proves the defect, they may resubmit the claim and the warranty period is paused during this time.
The buyer is not entitled to a warranty for defects they were informed of at the time of purchase, or those which were obvious or caused by misuse, mechanical damage, improper installation, or natural disasters.
The seller may replace defective goods with similar goods of equal or better technical parameters.
The warranty claim becomes void if:
- a) the buyer does not provide proof of purchase, delivery note, or warranty card,
- b) obvious defects were not reported upon receipt,
- c) the warranty period has expired,
- d) damage was caused by the buyer (e.g. mechanical, improper use, overloading, etc.),
- e) damage resulted from force majeure or unauthorized intervention.
The seller is obligated to resolve the complaint using one of the following methods:
- a) repairing the product,
- b) replacing the product,
- c) refunding the purchase price,
- d) providing a reasonable discount,
- e) written invitation to pick up the resolved goods,
- f) justified rejection of the complaint.
A written record of the resolution must be sent to the buyer within 30 days from the date of the complaint.
The warranty period is 24 months from the date of contract conclusion unless stated otherwise on the product or packaging. The warranty is extended by the duration of repairs. If a product is replaced, the warranty period starts anew for the new item.
All valid warranty repairs are free of charge. If the defect is repairable, the seller will decide whether to repair or replace the product. If the defect is irreparable or recurs, the buyer may request a replacement or withdrawal.
Repeated defects mean the same defect occurred more than twice. Multiple defects mean more than three different repairable defects exist simultaneously. If the buyer cannot use the goods for more than 180 days due to defects, they are considered unusable.
Once a buyer has exercised their right under the complaints policy, they cannot claim the same unique defect again.
If a complaint is rejected but the defect is real and unresolved, the buyer may take legal action.
XI. Withdrawal from the Purchase Agreement
The seller may withdraw from the agreement due to out-of-stock goods, supplier discontinuation, or force majeure. The buyer will be informed immediately and refunded within 15 days.
The buyer may withdraw from the contract within 7 business days of receiving the goods without giving any reason, in accordance with Section 12(1) of Act No. 108/2000 Coll. on Consumer Protection in Door-to-Door and Mail Order Sales, as amended.
By placing an order, the buyer confirms that the seller has fulfilled its information obligation in accordance with Section 10 of the aforementioned Act.
Withdrawal must include buyer identification, order number and date, product specification, and bank account or address for the refund. Goods must be returned in original packaging, with all accessories and documentation, as an insured shipment.
If the goods are unused and undamaged in original packaging, the full purchase price will be refunded. If used or damaged, the seller may deduct 1% of the price per day of use and any repair costs, with the balance refunded within 15 days.
The seller shall also reimburse other proven costs related to the order, provided the buyer submits written documentation. Return shipping costs are covered by the buyer, unless the product was defective or did not meet specifications.
Any failure to comply with the obligations under this section makes the withdrawal invalid and the seller is not required to refund the price. The seller may also charge costs associated with returning the goods to the buyer.
XII. Final Provisions
The seller reserves the right to modify these General Terms and Conditions. Notification of such changes will be deemed fulfilled by publishing the updated version on the seller’s online store website.
If the purchase agreement is concluded in writing, any amendments must also be made in writing.
In case of doubt, the parties agree that the usage period of the goods begins on the date the goods are delivered to the buyer as per Article VI, Section 7, and ends on the date the goods are returned to the seller as per Article VI, Section 3.
The contractual parties agree that all communication between them shall be conducted via email.
Any matters not covered by these General Terms and Conditions shall be governed by the relevant provisions of Act No. 40/1964 Coll., the Civil Code, Act No. 250/2007 Coll. on Consumer Protection, Act No. 108/2000 Coll. on Consumer Protection in Door-to-Door and Mail Order Sales, Act No. 22/2004 Coll. on Electronic Commerce, and amendments to Act No. 128/2002 Coll. on State Market Supervision in Consumer Protection Matters, and by Act No. 428/2002 Coll. on Personal Data Protection, as amended.
These General Terms and Conditions become effective upon conclusion of the purchase agreement with the buyer.
By submitting an order, the buyer confirms that they have read and fully agree with these General Terms and Conditions.
In Bratislava, October 1, 2022