Terms of service
General Terms and Conditions (GTC):
I. General provisions
II. Security and data protection
III. Purchase of goods via e-shop
a. E-shop registration
b. Entering into a purchase agreement
c. Price of goods, methods of payment
d. Purchase agreement amendment, cancellation
e. Delivery of goods
f. Consumer’s right to withdraw from the agreement
IV. Rights related to defective goods, complaints
V. Final provisions
I. General provisions
These General Terms and Conditions (henceforth referred to as "GTC") define, under Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (henceforth referred to as "Civil Code"), the mutual rights and obligations arising from the sale of goods between HW server s.r.o. (henceforth referred to as "Seller") and its business partners (henceforth referred to as "Buyer").
Seller
HW server s.r.o., with its registered office at Formanská 296, 149 00 Prague 4, is a company registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 111213, selling electronic components and development resources to both resellers and end users.
Buyer: consumer or business customer
Buyer-consumer: at the start of the business relationship, they only provide the Seller with their contact details necessary for the smooth processing of the order, or the details they wish to appear on the purchase documents. A Buyer-consumer is any person who enters into a contract with the Seller outside the scope of their business activities or independent professional practice. HW server reserves the right to assess whether the Buyer is a consumer based on the facts and all relevant circumstances and not solely based on the Buyer's allegations. If the Buyer states their company registration number (IČO) in the order or contract, the Buyer acknowledges that the GTC for business customers always apply.
Legal relations between the Seller and the end-user consumer not specifically regulated by these GTC are governed by the relevant provisions of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended. Supervision of compliance with the obligations under Act No. 634/1992 Coll., on Consumer Protection, as amended, is exercised by the Czech Trade Inspection Authority (www.coi.cz).
Buyer-business customer: Once commercial relations commence, the Seller may request evidence of the Buyer’s authorisation to conduct business, particularly where such information cannot be verified from publicly available sources or where discrepancies with such sources exist.
Legal relations between the Seller and Buyer-business customer not expressly governed by these GTC or by a contract concluded between the Seller and Buyer shall be governed by the applicable provisions of the Civil Code.
The GTC which apply, or are clearly intended to apply, solely to relationships with consumers who are natural persons (e.g. Clause IV – Withdrawal from the Agreement), shall not apply to the relationship between the Buyer-business customer and the Seller. Any individual agreement concluded between the Buyer and the Seller shall take precedence over these GTC.
The Buyer acknowledges that the purchase of products included in the Seller’s commercial offer does not grant any rights to use the Seller’s registered trademarks, trade names, company logos, or patents, nor those of any third parties, unless otherwise expressly agreed in a separate written agreement.
II. Security and data protection
The Seller declares that all information related to the Buyer is stored in accordance with Act No. 110/2019 Coll., on the Processing of Personal Data, as amended. The Buyer acknowledges that by placing an order or entering into a contractual relationship with HW server, they expressly consent to the processing and storage of their personal data in HW server’s database until the Buyer withdraws their consent in writing. Unless the Buyer chooses otherwise, they also consent to the processing of their personal data by HW server for the purposes of receiving information and commercial communications. Personal data is confidential and shall solely be used for the purposes of the contract involving the Seller and Buyer. Personal data shall not be disclosed or made available to third parties, except where necessary for the fulfilment of the contract, such as for delivery or payment purposes (e.g., sharing the recipient’s name and delivery address).
III. Purchase of goods via https://obchod.hw.cz/
- E-shop registration
- Entering into a purchase agreement
- Price of goods, method of payment, delivery
- Purchase agreement amendment, cancellation
- Delivery of goods
- Consumer’s right to withdraw from the agreement
- Rights related to defective goods, complaints
a. E-shop registration
A user account (henceforth referred to as "User Account") on https://obchod.hw.cz/ is created for the Buyer upon their registration, which can be used to place orders.
The Buyer does not have to be registered/logged in to place an order.
When creating a User Account, the Buyer must provide correct and truthful details, which must be updated in the event of any changes. HW server considers the information provided in the User Account to be correct. Any inaccuracy or failure to provide updated information is the sole responsibility of the Buyer.
Access to the User Account is secured by a username and password. The Buyer is obliged to maintain the confidentiality of all information necessary to access the User Account. The Buyer is solely responsible for any breach of confidentiality and any misuse of the User Account by a third party for this reason. The Buyer is not entitled to transfer their account to any third party.
The Buyer can delete their User Account at any time. This does not affect the validity of any orders placed and contracts concluded prior to deletion.
The Buyer acknowledges that the User Account may not be available at all times, particularly due to necessary maintenance of hardware and software.
b. Entering into a purchase agreement
All presentations of goods on the online store website are for informational purposes and HW server is not obliged to enter into a purchase agreement in respect of the goods or services displayed. The provisions of Section 1732 (2) of the Civil Code shall not apply.
The Buyer's order constitutes an offer to enter into a contract. The purchase contract between HW Server and the Buyer is concluded upon acceptance of the order by HW server via email. In specific cases, HW Server reserves the right to verify the validity of the order by telephone using the number provided in the order, and may request clarification, specification, or confirmation. In such cases, the telephone call may be recorded, to which the Buyer expressly consents.
HW server is entitled to refuse (not accept) the order without stating a reason. The Buyer shall be informed of the rejection of the order by telephone and/or email to the address specified in the order. The Seller specifically reserves the right to cancel or reject an order, in full or in part, before the conclusion of the purchase contract in cases where the goods are no longer manufactured, no longer available from the supplier, or where there has been a significant increase in the supplier’s price. If the Buyer has already paid the purchase price in full or in part, the corresponding amount shall be refunded to the Buyer’s account, and the purchase agreement shall not be concluded.
By entering into the purchase agreement, the Buyer confirms that they have read and unconditionally agree to the GTC.
c. Price of goods, method of payment
The price does not include packaging and delivery costs.
The Buyer is obliged to pay the price of the goods, as well as any delivery fees, to the Seller as per the purchase agreement, using one of the following methods of payment:
- Cash payment upon personal collection,
- Bank payment transfer in advance,
- Payment via online banking,
- MasterCard or Visa payment via the online payment portal,
- Cash payment upon delivery (cash is collected by the carrier; an additional cash-on-delivery fee applies),
- Invoice payment with a due date (available to business customers only, subject to specific conditions, communicated by HW Server upon request)
Payment methods outlined in points 1. and 6. may not be available to the Buyer in certain cases.
HW server is entitled to require a deposit or payment in full from the Buyer before the goods are dispatched or handed over to the Buyer. Section 2119(1) of the Civil Code shall not apply.
The Buyer’s obligation to pay the purchase price for the goods is fulfilled when the relevant amount is credited to HW server’s bank account. In the case of cash payments or payments on delivery, the purchase price is due upon handover/acceptance of the goods by the Buyer.
Ownership of the goods shall remain with HW Server until the purchase price has been paid in full.
Any potential discounts on the purchase price are determined solely at the Seller’s discretion, and the Buyer shall have no automatic entitlement to any such discount.
If the Buyer is in default in payment of the purchase price, the Seller is entitled to charge default interest at a rate of 0.1% per day on the purchase price or its unpaid portion for each day of delay.
d. Purchase agreement amendment, cancellation
A validly concluded purchase agreement may be amended or cancelled in accordance with these GTC only by mutual agreement of both parties or on the basis of statutory grounds (consumer’s right to withdraw from the agreement, see point f. below.)
e. Delivery of goods
HW server undertakes to deliver the object of purchase to the Buyer and to enable the Buyer to acquire title or a licence to it, as applicable. The Buyer undertakes to accept the delivery and to pay the purchase price to HW server.
In accordance with the purchase agreement, the delivery options are as follows:
· Collection at the registered office or business premises of HW server
· Shipment of the goods via a contracted carrier selected by HW server
· Direct delivery of the goods by HW server, if the option is offered by HW server in the specific case
If the method of transport is arranged at the Buyer’s special request, the Buyer shall bear all risks associated with that choice, as well as any additional costs arising from it.
Where transport is arranged via a contracted carrier, HW server’s obligation to deliver the goods is deemed fulfilled upon handover of the goods to the carrier for delivery to the Buyer.
If HW server is required to deliver the goods to the location specified by the Buyer, the Buyer is obliged to accept the goods upon arrival. If redelivery is required due to reasons attributable to the Buyer, the Buyer bears the costs associated with the redelivery.
Upon receiving the order from the carrier, the Buyer must thoroughly and carefully inspect the condition of the products against the consignment note. On the day of receipt, the Buyer is also obliged to check the completeness of the goods. Any discrepancies must be reported to HW server immediately. In the case of personal collection, they must be reported on the spot. If the goods are delivered by a carrier, the issue must be noted in the carrier's delivery record or handover report. Alternatively, the Buyer may refuse to accept the order and must report the situation to obchod@hw.cz without delay. If the packaging shows signs of tampering, the Buyer is not obliged to accept the order from the carrier.
f. Consumer’s right to withdraw from the agreement, other consumer rights
Where a purchase agreement is concluded by means of distance communication (e.g. e-shop purchase), a Buyer who is a consumer (i.e. a natural person not acting in the course of business) has the right to withdraw from the contract without giving any reason within fourteen (14) days, in accordance with Section 1829(1) of the Civil Code. The withdrawal period is fourteen (14) days from the date of receipt of the goods, or of the last part of the delivery in the case of multiple partial deliveries. In the case of regular, repeated deliveries of goods, the withdrawal period commences on the date the first delivery is received. Notice of withdrawal from the agreement must be sent to HW server within the withdrawal period as specified in the previous clause. Withdrawal from the purchase agreement results in the cancellation of the contract from the outset. If you are not a Buyer-consumer (natural person), meaning that you are purchasing goods in the course of your trade or business (determined by the inclusion of a company registration number on the purchase receipt), there is no entitlement to withdraw from the agreement.
In accordance with Section 1837 of the Civil Code, the consumer is not entitled to withdraw from the purchase agreement in the following cases:
- Where the provision of services has also been agreed, and where the services have been fully performed with the consumer’s prior consent before the expiry of the withdrawal period
- In the case of the delivery of goods or services whose price depends on fluctuations in the financial market beyond HW Server’s control, which may occur during the withdrawal period
- In the case of the delivery of goods that have been made to the consumer’s specifications or clearly personalised for the consumer
- In the case of the delivery of perishable goods or goods which, after delivery, have been irreversibly mixed with other goods
- In the case of goods in sealed packaging which the consumer has unsealed and which cannot be returned for hygiene or health protection reasons
- In the case of repairs or maintenance carried out at a place designated by the consumer, this shall not apply in the case of subsequent repairs or the supply of spare parts other than those requested
- In the case of delivery of an audio/video recording or computer program, if the consumer has damaged the original packaging
- Where the goods delivered are newspapers, periodicals, or magazines
Written withdrawal from the purchase agreement
If the consumer withdraws from the purchase agreement, they shall return the goods received from HW server without undue delay, and no later than fourteen (14) days from the date of written notice of withdrawal. If the returned goods are damaged, HW server may claim damages from the consumer and offset its claim for damages against the consumer’s claim for a refund of the purchase price. In such cases, HW server is obliged to prove the damage to the consumer. Accordingly, HW server will refund the Buyer an amount reduced in accordance with this paragraph.
You are entitled to test the goods
However, the goods must not show obvious signs of wear. The goods may be used to the extent necessary to determine their nature, characteristics, and functionality, but please note that HW server s.r.o. may charge the costs associated with restoring the goods to their original condition if necessary. You can avoid such charges by restoring the goods yourself (e.g. by cleaning, reassembling, or properly repackaging them). Given the diverse nature of the goods offered, each case of withdrawal from the purchase agreement is assessed on a case-by-case basis.
Returning packaging is not required
Packaging is not considered part of the purchased item. However, HW server is entitled to reimbursement of the actual costs incurred in connection with the return of goods. These costs are assessed individually and, if applicable, charged to the customer by being deducted from the refunded amount.
Unpacking or using the goods does not extinguish the consumer’s right to withdraw from the agreement without giving a reason. Exceptions apply to certain types of goods, such as audio and video media or similar items. The goods do not have to be returned in their original packaging, but the supplier is entitled to the costs of restoring the goods to their original condition. It is also possible to return used goods, but once again, the supplier is entitled to the costs of restoring the goods to their original condition. Theoretically these costs can even reach the full price of the goods.
Shipping returned goods to the Seller and refunding the purchase price to the Buyer
If the Buyer-consumer withdraws from the purchase contract, the Buyer bears the costs associated with the return of goods to HW server. If the Buyer-consumer withdraws from the purchase agreement in accordance with the preceding paragraphs, HW server shall refund the Buyer all amounts received under the purchase agreement without undue delay, and no later than fourteen (14) days from the date of withdrawal. The Seller shall refund the cost of delivery to the Buyer only up to the amount corresponding to the cheapest method of delivery offered by the Seller. However, HW server is not obliged to refund the Buyer before it has received the returned goods, from which withdrawal has been declared in writing. The purchase price for services already performed shall not be refunded. If the price for services already performed has not been paid at the time of withdrawal, the withdrawal shall not affect the Buyer’s obligation to pay for those services.
What documents to include
We recommend always including a proof of purchase document that confirms your purchase from us and helps us identify the goods related to your request. The best option is to send us a completed Consumer Withdrawal Form, which can be found below.
Compliance with the 14-day withdrawal period
The deadline is determined by the date on which the withdrawal is sent. The withdrawal period is deemed to have been met if the Buyer sends a notice of withdrawal to the Seller during the withdrawal period.
The withdrawal period lasts 14 calendar days, not working days, and starts on the calendar day following the day on which the consumer receives the goods.
If the consumer has a complaint, they may send it to HW server by email at obchod@hw.cz or in writing to the registered office at HW server s.r.o., Formanská 296, 149 00 Praha 4. Alternatively, the consumer may contact the relevant supervisory authority or state regulator.
The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 00020869, http://www.coi.cz, is responsible for the out-of-court settlement of consumer disputes arising from a purchase contract.
IV. Rights related to defective goods and complaints, paid modifications
The rights and obligations of the parties concerning claims arising from defective performance are governed primarily by Sections 1914 to 1925, 2099 to 2117, and 2161 to 2174 of the Civil Code. These provisions do not differentiate between Buyer-consumers or Buyer-business customers, but rather focus on whether the performance is provided for consideration.
HW server is obliged to deliver the goods to the Buyer without defects. If the goods are defective, the Buyer shall have rights arising from the defective performance.
The Buyer’s right arising from defective performance is established by a defect that the item has at the time the risk of damage passes to the Buyer, even if the defect only becomes apparent later. The Buyer’s right is also established by a defect that arises later, caused by HW server’s breach of its obligations.
The specific nature of the defect determines the rights arising from defective performance. If the defect is considered a material breach of contract, meaning it is so significant that the Buyer would not have entered into the contract had they been aware of it, the Buyer is entitled to:
- Removal of the defect by receiving a new, faultless, or missing item (note, however, that the original warranty period continues and the new warranty period does not start anew);
- Repair of the item;
- A reasonable discount on the purchase price;
- Withdrawal from the contract
· If the defect is not considered a material breach of contract, or if the material defect has not been reported in time, the buyer is only entitled to:
- removal of the defect or a reasonable discount on the purchase price.
The Buyer shall notify HW server of any defect without undue delay, but no later than two (2) years after the handover or acceptance of the item. When notifying the defect, the Buyer must state which remedy they have chosen, or must do so without unnecessary delay. If the Buyer fails to select a remedy within the specified timeframe, they shall be entitled only to the rights applicable in the case of a non-material breach of contract. The Buyer may not change their choice of remedy without the consent of HW server. This does not apply if the Buyer has requested repair of a defect that is subsequently found to be irreparable.
HW server is not liable for defects resulting from normal wear and tear or failure to follow the instructions for use.
HW server is liable to the consumer that the item is free from defects upon receipt, specifically that:
- The item has the characteristics agreed upon by the parties or, in the absence of such an agreement, the characteristics described by HW server or the manufacturer, or those reasonably expected by the Buyer given the nature of the goods and any advertising conducted them,
- The item is fit for the purpose for which HW server states it is to be used, or for which items of that kind are customarily used;
- The item conforms in quality and workmanship to the contracted sample or pattern, if quality or workmanship was determined by a specific sample or pattern;
- The item is of the appropriate quantity, measure, or weight; and
- The item complies with all applicable legal requirements.
If the item does not have the aforementioned characteristics, the consumer may demand the delivery of a new, defect-free item, unless this would be disproportionate given the nature of the defect. If the defect affects only part of the item, the consumer may demand replacement of that part; if replacement is not possible, the consumer may withdraw from the purchase agreement. However, if this is disproportionate due to the nature of the defect, particularly if the defect can be remedied without undue delay, the consumer has the right to have the defect repaired free of charge. The consumer is also entitled to delivery of a new item or replacement of a specific part of the item in cases where a removable defect recurs after repair, or where there are multiple defects preventing proper use of the item. In such cases, the consumer also has the right to withdraw from the purchase agreement.
If the Buyer-consumer does not withdraw from the contract or exercise the right to receive a new, defect-free item, have a part of the item replaced, or have the item repaired, they may demand a reasonable discount. The Buyer is also entitled to a reasonable discount if HW server is unable to supply a new defect-free item, replace a part, or repair the item, or if HW server fails to remedy the defect within a reasonable time, or if remedying the defect would cause the consumer significant difficulties.
The Buyer has no right to claim defective performance if they knew of the defect before taking possession of the item or if the defect was caused by the Buyer. If the Buyer exercises a right related to defective performance (complaint), HW Server shall confirm in writing the date on which the right was exercised, as well as details and duration of any repair. Exercising this right requires returning (sending) the claimed goods to the registered office address of HW server.
The consumer is entitled to claim a defect in consumer goods within twenty-four (24) months of receipt. If the defect occurs within twelve (12) months of receipt, the goods shall be presumed to have been defective at the time of receipt.
The Buyer acknowledges that if the claimed goods are not returned to the Seller complete, including all accessories, then in the event of withdrawal from the contract, the refunded purchase price will be reduced by the value of the missing accessories.
HW server is not liable for any loss of data stored on devices submitted by the Buyer as part of a claim. Goods will not be accepted for return if they are excessively contaminated or made inaccessible, for example, through password protection or physical security measures.
Consumer complaints are handled by HW server via the email address obchod@hw.cz. The complaint, including the resolution of the defect, is processed by HW server without undue delay and no later than 30 days from the date the complaint is received. This timeframe does not include the period reasonably required, based on the nature of the product or service, for a professional assessment of the defect. The 30-day period may be extended after the complaint is filed, but only with the consumer’s agreement—and not for an indefinite or unreasonably long period. The timeframe for processing the claim is suspended if HW server has not received all documents necessary to assess the claim (e.g., parts of the product, supporting documents, etc.). The timeframe remains suspended until the Buyer provides the requested documentation. HW server is entitled to unilaterally set off its claim for compensation for damage to the goods against the Buyer’s claim for a refund of the purchase price. If the set timeframe (extended timeframe when applicable) for resolving the claim expires without resolution, the defect is deemed to have existed, and the consumer shall have the same rights as if it were an irreparable defect.
Liability for defects does not apply to damage caused by:
- Mechanical damage to the goods;
- Electrical surges;
- Use of the goods in conditions that do not comply with the temperature, dust, humidity, chemical or mechanical requirements specified by the manufacturer or seller;
- Improper installation, handling, operation, or lack of proper maintenance;
- Damage caused by computer viruses or similar threats;
- Use of illegally obtained software or unauthorised software or devices;
- Damage resulting from overloading or use contrary to the conditions set out in the documentation or general guidelines;
- Unqualified intervention or modification of the product’s parameters;
- Alterations made by the customer, where the defect results from such alteration;
- Incorrect firmware upgrade;
- Damage caused by natural disasters or force majeure;
- Use of incorrect or faulty software;
- Use of incorrect or non-original consumables, or any resulting damage, unless such use is common practice and not excluded in the enclosed user manual.
These limitations do not apply if the characteristics of the goods that conflict with the above conditions have been expressly agreed upon between the Buyer and HW server, declared by HW server, or reasonably expected from the advertising or customary use of the goods.
The Buyer acknowledges that HW server does not perform paid repairs itself but only arranges for repairs with authorised repairers. Therefore, HW server is not responsible for any repairs and their outcome.
If the Buyer is a business customer and the claim (complaint) is rejected, the Buyer acknowledges that HW server is entitled to recover from them the costs of defect diagnosis and transportation charged by the authorised repair service, in accordance with the authorised service’s price list.
In the event that a claim is accepted and justified, the Buyer is entitled to reimbursement of reasonable costs incurred in connection with the claim.
V. Final provisions
The provisions of these GTC form an integral part of each individual purchase agreement or any other agreement concluded between HW server and the Buyer. HW server reserves the right to unilaterally amend these GTC. The updated version of the GTC will be published in advance on the company’s website https://obchod.hw.cz/cs/eshop/obchodni-podminky.
For purchase agreements, the version of the GTC valid on the date of contract conclusion will apply to the contractual relationship. Any provisions different from the GTC may only be agreed upon in the respective agreement, and such agreement must be made in writing.
These General Terms and Conditions are valid from 1.4.2025 and supersede all previous versions, including all annexes and components thereof. Updated on 16.4.2025.
Consumer Withdrawal Form
Seller: HW server s.r.o., Formanská 296, 149 00 Praha 415
Buyer: …………………………………………………………………….…………
Order number: ……………………………………………………………..……….
Specification of ordered goods: ……………………………………………………
……………………………………………………
……………………………………………………
Total value of goods (CZK): ……………………………………………………
Delivery from Seller to Buyer (CZK): …………………………….……………..
As per Section 1829(1) in conjunction with Section 1818 of Act No. 89/2012 Coll., Civil Code, I hereby exercise my statutory right to withdraw from the purchase agreement concluded online, concerning the goods specified above.
I am returning the goods along with this notice of withdrawal and request the refund of the purchase price in the amount of .................. CZK, as well as reimbursement of the delivery costs from Seller to Buyer, to be transferred to my bank account number ...................................... within 14 days of receipt of this withdrawal form and the returned goods.
I acknowledge that the Seller is only obliged to refund delivery costs up to the amount corresponding to the cheapest delivery method offered by the Seller.
I also acknowledge that the cost of returning the goods to the Seller is the sole responsibility of the withdrawing consumer.
Date ……………………..
……………………………………………
Name and surname of consumer
…………………………………………..
Handwritten signature