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Terms and Conditions

 

General Terms and Conditions ("Terms") of GET A LIFE SHOP S.R.L., headquartered at Bulevardu Traian 16/b36, Baia Mare, 430212, ID 49943022, email info@hhc-store.eu, website www.hhc-store.eu ("We" or "Seller"), govern, in accordance with Romanian e-commerce laws, the mutual rights and obligations between you, as the buyer, and us, as the seller, arising in connection with or based on the purchase agreement ("Agreement") concluded through the online store on the website www.hhc-store.eu.

All information on the processing of your personal data is contained in the Privacy Policy, which can be found here www.hhc-store.eu.

The provisions of these Terms are an integral part of the Agreement. The Agreement and the Terms are drawn up in Romanian. We may unilaterally amend or supplement the wording of the Terms. This provision does not affect the rights and obligations arising during the validity of the previous wording of the Terms.

As you know, we primarily communicate remotely. Therefore, for our Agreement, it is understood that remote communication means are used, allowing us to agree without our and your simultaneous physical presence, and the Agreement is thus concluded remotely through the online store interface on the website ("online store web interface").

If any part of the Terms contradicts what we have mutually agreed upon during your purchase process in our online store, this specific agreement takes precedence over the Terms.

I. Definitions

  • Price is the monetary amount you pay for the Goods.
  • Shipping Costs are the monetary amount you pay for the delivery of the Goods, including packaging costs.
  • Total Price is the sum of the Price and the Shipping Costs.
  • VAT is the value-added tax according to the applicable legal regulations.
  • Invoice is a tax document issued in accordance with the VAT Act for the Total Price.
  • Order is your irrevocable proposal to conclude a Purchase Agreement for Goods with us.
  • User Account is an account created based on the information you provided, which allows for the storage of entered data and the history of ordered Goods and concluded Agreements.
  • You are the person purchasing in our online store, referred to as the buyer under legal regulations.
  • Goods are everything you can purchase in the online store.

II. General Provisions and Information

  • Purchase of Goods is only possible through the online store web interface.
  • When purchasing Goods, you are obliged to provide us with all information correctly and truthfully. The information you provided when ordering the Goods will be considered correct and truthful.

III. Conclusion of the Agreement

  • The Agreement with us can only be concluded in Romanian.

  • The Agreement is concluded remotely through the online store, and you bear the costs of using remote communication means. These costs do not differ from the basic rate you pay for using these means (especially for internet access), so no additional costs charged by us are expected beyond the Total Price. By sending the Order, you agree to the use of remote communication means.

  • To conclude the Agreement, you must create a proposal for an Order on the online store. This proposal must include the following information:

    • Information about the purchased Goods (you mark the Goods you wish to purchase in the online store by adding them to the cart).
    • Information about the Price, Shipping Costs, payment method for the Total Price, and the desired delivery method of the Goods; these details will be entered during the creation of the Order proposal in the user environment of the online store, where information about the Price, Shipping Costs, and Total Price will be automatically provided based on your chosen Goods and delivery method.
    • Your identification and contact details necessary for the delivery of the Goods, especially your name, surname, delivery address, phone number, and email address.
    • In the case of an Agreement under which we will regularly and repeatedly deliver Goods to you, also information on how long we will deliver the Goods to you.

  • During the creation of the Order proposal, you can change and check the data until its creation. After checking and clicking the "Order with obligation to pay" button, you create an Order. Before clicking the button, you must confirm your acknowledgment and agreement with these Terms; otherwise, it will not be possible to create the Order. The confirmation and agreement are made by checking the box. By clicking the "Order with obligation to pay" button, all entered information is sent directly to us.

  • We will confirm your Order as soon as possible after its delivery by sending a message to the email address provided in the Order. The confirmation will contain a summary of the Order and these Terms. By confirming the Order from our side, the Agreement between us and you is concluded. The Terms valid on the Order date form an integral part of the Agreement.

  • Situations may arise where we will not be able to confirm your Order. This mainly concerns cases where the Goods are not available or when you order a larger quantity of Goods than we allow. Information about the maximum quantity of Goods will always be provided in advance within the online store, so it should not surprise you. If there is any reason why we cannot confirm the Order, we will contact you and send you an offer to conclude the Agreement in a modified form compared to the Order. The Agreement is concluded when you confirm our offer.

  • If the online store or the Order proposal contains an obviously incorrect Price, we are not obliged to deliver the Goods to you for this Price, even if you received an Order confirmation, and thus the Agreement was concluded. In such a case, we will contact you immediately and send you an offer to conclude a new Agreement in a modified form compared to the Order. The new Agreement is concluded when you confirm our offer. If you do not confirm our offer within 3 days of its sending, we are entitled to withdraw from the concluded Agreement. An obvious error in the Price is understood as, for example, a situation where the Price does not correspond to the usual price for other sellers or is missing or has an extra digit.

  • Once the Agreement is concluded, you are obliged to pay the Total Price.

  • If you have a User Account, you can create an Order through it. Even in this case, you must check the accuracy, truthfulness, and completeness of the pre-filled data. The method of creating an Order is the same as for a buyer without a User Account, but the advantage is that you do not have to repeatedly fill in your identification details.

  • In some cases, we allow you to use a discount for purchasing Goods. To apply the discount, you must fill in the discount details in the predetermined field during the creation of the Order proposal. If you do so, the Goods will be provided to you with the discount.

IV. User Account

  • Based on your registration in the online store, you can access your User Account.
  • When registering a User Account, you are obliged to provide all information correctly and truthfully and update them in case of changes.
  • Access to the User Account is secured by a username and password. You are obliged to keep these access details confidential and not disclose them to anyone. In case of their misuse, we bear no responsibility.
  • The User Account is personal, and you are not authorized to allow its use by third parties.
  • We can cancel your User Account, especially if you have not used it for more than a year or if you violate your obligations under the Agreement.
  • The User Account may not be continuously available, especially considering the necessary maintenance of hardware and software equipment.

V. Price and Payment Terms, Reservation of Ownership

  • The Price is always stated within the online store, in the Order proposal, and, of course, in the Agreement. In case of a discrepancy between the Price stated for the Goods within the online store and the Price stated in the Order proposal, the Price stated in the Order proposal applies, which will always be identical to the price in the Agreement. The Order proposal also states the Shipping Costs, or the conditions when the shipping is free.

  • The Total Price is stated, including VAT and all fees determined by law.

  • We will require payment of the Total Price from you after the Agreement is concluded and before handing over the Goods. You can pay the Total Price using the following methods:

    • Bank Transfer. Payment details will be sent to you within the Order confirmation. In the case of a bank transfer, the Total Price is due within 30 days.
    • Online Card Payment. In this case, the payment is made through the Shoptetpay payment gateway, and the payment is governed by the terms of this payment gateway, available at www.shoptet.cz. In the case of an online card payment, the Total Price is due within 30 days.
    • Cash on Delivery. In this case, payment is made upon delivery of the Goods. In the case of cash on delivery, the Total Price is due upon receipt of the Goods.
    • Cash on Personal Collection. Cash payment is possible when collecting Goods at our premises. In the case of cash payment on personal collection, the Total Price is due upon receipt of the Goods.

  • An Invoice will be issued electronically after the Total Price is paid and sent to your email address. The invoice will also be physically attached to the Goods and available in the User Account.

  • Ownership of the Goods passes to you only after you pay the Total Price and receive the Goods. In the case of a bank transfer, the Total Price is paid upon crediting to our account; in other cases, it is paid at the time of payment.

VI. Delivery of Goods, Transfer of Risk of Damage

  • The Goods will be delivered to you in the manner of your choice from the following options:

    • Personal Collection at Packeta pickup points.
    • Delivery via the Packeta courier service.

 

  • The delivery time of the Goods always depends on their availability and the chosen delivery and payment method. The estimated delivery time of the Goods will be communicated to you in the Order confirmation. The time stated in the online store is only indicative and may differ from the actual delivery time. In the case of personal collection at our premises, we will always inform you by email about the possibility of collecting the Goods.

  • Upon receiving the Goods from the carrier, you are obliged to check the integrity of the Goods' packaging and immediately report any defects to the carrier and us. If the packaging is damaged, indicating unauthorized handling and intrusion into the shipment, you are not obliged to accept the Goods from the carrier.

  • If you fail to fulfill your obligation to accept the Goods, except in cases according to Article VI.4 of the Terms, it does not result in a breach of our obligation to deliver the Goods to you. At the same time, your failure to accept the Goods is not considered a withdrawal from the Agreement between us and you. In such a case, however, we are entitled to withdraw from the Agreement due to your substantial breach of the Agreement. If we decide to exercise this right, the withdrawal is effective on the day we deliver the notice of withdrawal to you. Withdrawal from the Agreement does not affect the right to claim Shipping Costs or the right to compensation for damages if incurred.

  • If the Goods are delivered repeatedly or in a different way than agreed in the Agreement due to reasons on your part, you are obliged to compensate us for the costs associated with this repeated delivery. Payment details for these costs will be sent to your email address specified in the Agreement and are due within 14 days of delivery of the email.

  • The risk of damage to the Goods passes to you at the moment you receive them. If you do not receive the Goods, except in cases according to Article VI.4 of the Terms, the risk of damage to the Goods passes to you at the moment you had the opportunity to receive them, but for reasons on your part, the receipt did not occur. The transfer of risk of damage to the Goods means that from this moment you bear all consequences related to the loss, destruction, damage, or any devaluation of the Goods.

  • If the Goods were not in stock in the online store and an indicative availability time was provided, we will always inform you in case of:

    • an extraordinary production outage of the Goods, in which case we will always communicate the new expected availability time or inform you that it will not be possible to deliver the Goods;
    • a delay in delivering the Goods from our supplier, in which case we will always communicate the new expected delivery time.

  • If we are unable to deliver the Goods to you even within 30 days of the delivery time stated in the Order confirmation, for any reason, both we and you are entitled to withdraw from the Agreement.

VII. Rights from Defective Performance

  • We guarantee that at the time the risk of damage to the Goods passes according to Article VI.7 of the Terms, the Goods are free of defects, especially that:

    • they have the properties we agreed on, and if they were not expressly agreed on, the properties we stated in the description of the Goods or the properties expected given the nature of the Goods;
    • they are suitable for the purposes we stated or for purposes for which Goods of this type are usually used;
    • they correspond in quality or design to the agreed sample, if the quality or design was determined according to the sample;
    • they are in the appropriate quantity and weight;
    • they meet the requirements established by legal regulations;
    • they are not encumbered by the rights of third parties.

  • If the Goods have a defect, especially if any condition according to Article VII.1 is not met, you can notify us of such a defect and exercise the rights from defective performance (i.e., claim the Goods) by sending an email or letter to our addresses listed in our identification details. You can also use the sample form provided by us for the claim, which forms Annex No. 1 to the Terms. When exercising the right from defective performance, you must choose how you want the defect to be resolved, and this choice cannot be subsequently changed without our consent, except in cases according to Article 7.4. We will handle the claim according to the right you exercised from defective performance. If you do not choose a method for resolving the defect, you have the rights stated in Article 7.5 even in situations where the defective performance was a substantial breach of the Agreement.

  • If the defective performance is a substantial breach of the Agreement, you have the following rights:

    • to remedy the defect by delivering new Goods without defects or by delivering missing parts of the Goods;
    • to remedy the defect by repairing the Goods;
    • to a reasonable discount on the Price;
    • to withdraw from the Agreement.

  • If you choose a solution according to points (a) or (b) and we do not remedy the defect in this way within a reasonable time we have stated, or we inform you that we will not remedy the defect in this way at all, you have the rights according to points (c) and (d), even if you did not initially request them as part of the claim. At the same time, if you choose to remedy the defect by repairing the Goods and we find that the defect is irreparable, we will notify you, and you can choose another way to remedy the defect.

  • If the defective performance is a minor breach of the Agreement, you have the following rights:

    • to remedy the defect by delivering new Goods without defects or by delivering missing parts of the Goods;
    • to remedy the defect by repairing the Goods;
    • to a reasonable discount on the Price.

  • However, if we do not remedy the defect in time or refuse to remedy the defect, you have the right to withdraw from the Agreement. You can also withdraw if you cannot properly use the Goods due to the repeated occurrence of defects after repairing the Goods or in the case of a larger number of defects in the Goods.

  • In the case of both substantial and minor breaches, you cannot withdraw from the Agreement or demand the delivery of new items if you cannot return the Goods in the state in which you received them. However, this does not apply in the following cases:

    • if the condition of the Goods changed due to an inspection to determine the defect;
    • if the Goods were used before the defect was discovered;
    • if the impossibility of returning the Goods in an unchanged state was not caused by your action or omission;
    • if the Goods were sold, consumed, or altered during normal use before the defect was discovered; if this happened only partially, you must return the part of the Goods you can return, and in such a case, you will not be refunded the part of the Price corresponding to your benefit from using part of the Goods.

  • Within 3 days of receiving the claim, we will confirm to you by email that we have received the claim, when we received it, and the expected duration of handling the claim. We will handle the claim without undue delay, but no later than 30 days from its receipt. The deadline can be extended by mutual agreement. If the deadline expires without resolution, you can withdraw from the Agreement.

  • We will inform you of the resolution of the claim by email. If the claim is justified, you are entitled to reimbursement of reasonably incurred costs. You must provide proof of these costs, such as receipts or confirmations of transportation costs. If the defect is remedied by delivering new Goods, you must return the original Goods to us, but we bear the costs of this return.

  • If you are an entrepreneur, you must notify and claim the defect without undue delay after you could have discovered it, but no later than three days after receiving the Goods.

  • If you are a consumer, you have the right to exercise the rights from defective performance for a defect that occurs in consumer Goods within 24 months of receiving the Goods.

  • The provisions regarding the rights from defects do not apply in cases:

    • of Goods sold at a lower Price for a defect for which the lower Price was agreed;
    • of wear and tear of the Goods caused by their normal use;
    • of used Goods for a defect corresponding to the degree of use or wear that the Goods had when you received them;
    • where it follows from the nature of the Goods.

VIII. Withdrawal from the Agreement

  • Withdrawal from the Agreement, i.e., termination of the contractual relationship between us and you from its inception, can occur for reasons and in ways specified in this article or in other provisions of the Terms where the possibility of withdrawal is expressly stated.

  • If you are a consumer, i.e., a person purchasing Goods outside the scope of your business activity, you have the right to withdraw from the Agreement without giving any reason within 14 days of receiving the Goods. If we have concluded an Agreement involving several types of Goods or the delivery of several parts, this period begins on the day of delivery of the last part of the Goods, and if we have concluded an Agreement under which we will regularly and repeatedly deliver Goods, it begins on the day of the first delivery. You can withdraw from the Agreement in any demonstrable way (especially by sending an email or letter to our addresses listed in our identification details). You can also use the sample form provided by us for withdrawal, which forms Annex No. 2 to the Terms.

  • Even as a consumer, you cannot withdraw from the Agreement in cases specified by law, especially if the subject of the Agreement is:

    • Goods whose Price depends on fluctuations in the financial market independent of our will and which may occur during the withdrawal period;
    • the delivery of alcoholic beverages that can be delivered only after thirty days and whose Price depends on fluctuations in the financial market independent of our will;
    • Goods that were modified according to your wishes or for your person;
    • Goods subject to rapid decay and Goods that were irreversibly mixed with other goods after delivery;
    • Goods in sealed packaging that were removed from the packaging and cannot be returned for hygienic reasons;
    • the delivery of audio or video recordings or computer programs if the original packaging was broken;
    • the delivery of newspapers, periodicals, or magazines;
    • the delivery of digital content if it was not delivered on a tangible medium and was delivered with your prior express consent before the withdrawal period expired, and we informed you that you have no right to withdraw from the Agreement.

  • The withdrawal period according to Article VIII.2 of the Terms is considered to be maintained if you send us a notification of withdrawal during its duration.

  • In the event of withdrawal from the Agreement, the Price will be refunded within 14 days from the effective date of withdrawal to the account from which it was credited or to the account chosen for withdrawal. However, the amount will not be refunded before you return the Goods to us or prove that you sent them back to us. Please return the Goods to us clean, if possible, including the original packaging.

  • In the event of withdrawal from the Agreement according to Article VIII.2 of the Terms, you are obliged to send the Goods to us within 14 days of withdrawal and bear the costs associated with returning the Goods to us. You are entitled to a refund of the Shipping Costs, but only up to the amount corresponding to the cheapest delivery method of the Goods we offered. In the case of withdrawal due to our breach of the Agreement, we bear the costs associated with returning the Goods to us, but again only up to the amount corresponding to the cheapest delivery method of the Goods we offered.

  • You are liable to us for damage in cases where the Goods are damaged due to your handling them in a manner other than necessary to determine their nature and properties. In such a case, we will invoice you for the damage after the Goods are returned to us, and the invoiced amount is due within 14 days. If we have not yet refunded the Price to you, we are entitled to set off our claim for costs against your claim for the refund of the Price.

  • We are entitled to withdraw from the Agreement at any time before delivering the Goods to you if there are objective reasons why the Goods cannot be delivered (especially reasons on the part of third parties or reasons arising from the nature of the Goods), even before the expiration of the period stated in Article VI.9 of the Terms. We can also withdraw from the Agreement if it is apparent that you provided intentionally incorrect information in the Order. If you are purchasing Goods as part of your business activity, i.e., as an entrepreneur, we are entitled to withdraw from the Agreement at any time, even without giving a reason.

IX. Final Provisions

  • If our legal relationship with you contains an international element (e.g., we will send goods outside Romania), the relationship is always governed by Romanian law. However, if you are a consumer, this provision does not affect your rights arising from legal regulations.
  • All written correspondence between you and us will be delivered via email. Our email address is listed in our identification details. Correspondence will be delivered to your email address specified in the Agreement, in the User Account, or through which you contacted us.
  • The Agreement can only be amended based on our written consent. However, we are entitled to amend and supplement these Terms, but this amendment will not affect already concluded Agreements, only Agreements that will be concluded after the amendment takes effect. We will inform you of the amendment only if you have a User Account (so you have this information if you order new Goods, but the amendment does not establish the right of termination because we do not have a concluded Agreement that could be terminated), or if we have to deliver Goods to you regularly and repeatedly based on the Agreement. Information about the amendment will be sent to your email address at least 14 days before the amendment takes effect. If you do not send us a termination notice for the concluded Agreement for regular and repeated delivery of Goods within 14 days of sending the information about the amendment, the new terms become part of our Agreement and apply to the next delivery of Goods following the effective date of the amendment. The notice period, if you give notice, is 2 months.
  • In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, supplier outages, etc.), we are not liable for damages caused as a result of or in connection with cases of force majeure, and if the force majeure lasts longer than 10 days, both we and you have the right to withdraw from the Agreement.
  • The Terms include a sample claim form and a sample withdrawal form as annexes.
  • The Agreement, including the Terms, is archived electronically by us but is not accessible to you. However, you will always receive these Terms and an Order confirmation with a summary of the Order by email, so you will always have access to the Agreement without our assistance. We recommend always saving the Order confirmation and the Terms.
  • These Terms are effective from 20.06.2024.

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