Terms and Conditions

1. Basic provisions

These Business and Shipping Terms and Conditions (hereinafter referred to as the "Terms") govern the relationship between the parties to the purchase agreement, where on the one hand the company HIGHTECH DEVELOPMENT LLC, 7950 NW 53RD STREET, SUITE 337, MIAMI, FL 33166 (hereinafter referred to as the "Seller") and on the other side is the buyer (hereinafter referred to as the " Buyer ").

Further information about the Seller can be found on this website in the Operator section.

Buyer means a consumer or entrepreneur.

A consumer is any person who, outside the scope of his business activity or independent performance of his profession, concludes a contract with the Seller or deals with it in any other way.

An entrepreneur is a person who, on his own account and responsibility, carries out an independent gainful activity in a trade or similar manner with the intention of doing so consistently in order to achieve profit. For the purposes of consumer protection, an entrepreneur is also understood as any person who concludes contracts related to his own production, business or similar activity or in the independent exercise of his profession, or also a person who acts on behalf of or on behalf of an entrepreneur.

By sending the order, the buyer confirms that he has familiarized himself with these Terms and Conditions, an integral part of which is the communication before concluding the contract, payment and delivery conditions and complaint procedures, and that he expressly agrees with them, in the wording valid and effective at the time the order is sent.

The Buyer is aware that by purchasing the products that are in the Seller's business offer, he does not acquire any rights to use the registered trademarks, patents, trade names, company or product logos (etc.) of the Seller or the Seller's contractual partners, unless in in a specific case agreed otherwise by a special contract.

2. Pre-contractual communication

The seller informs that

1. requires payment of the purchase price before the Buyer takes over performance from the Seller, or the obligation to pay an advance or a similar payment, this refers to the Buyer's requirements for the provision of specific services, if they are required by him and provided by the Seller,
2. the costs of means of remote communication do not differ from the basic rate (in the case of Internet and telephone connections according to the conditions of your operator, the Seller does not charge any other fees, this does not apply to contractual transport, if applicable),
3. The prices of goods and services are always listed on the website operated by the Seller including and without VAT and including all fees stipulated by law, however, the cost of delivering goods or services varies depending on the chosen method and transport provider and the method of payment.
4. in the event that the Buyer is a consumer, this consumer has the right to withdraw from the contract (unless otherwise stated below), within a period of fourteen days, which runs if it is

• purchase contract, from the day of acceptance of the goods,
• the contract, the subject of which is several types of goods or the delivery of several parts, from the date of acceptance of the last delivery of goods, while this withdrawal must be sent using the form for withdrawal from the contract on these pages;

the consumer cannot withdraw from the contract:

• on the delivery of goods that have been modified according to the wishes of the consumer or for his person,
• on the delivery of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery,
• on repair or maintenance carried out at the place designated by the consumer and at his request; however, this does not apply in the case of the subsequent performance of other than requested repairs or the delivery of other than requested spare parts,
• on the delivery of goods in closed packaging, which the consumer has removed from the packaging and for reasons of hygiene it is not possible to return it,
• on transport or use of free time, if the entrepreneur provides these services within the specified period,

in case of withdrawal from the contract by the consumer, the consumer will bear the costs associated with returning the goods, and if it is a contract concluded via a means of distance communication, the costs for returning the goods, if these goods cannot be returned by the usual postal route due to their nature;

contract, or the relevant tax document will be stored in the Seller's archive

in case the consumer has a complaint, he can apply this to the supervisory body of the Seller, or you can file a complaint with a supervisory or state supervisory authority.

 

3. Contract

The Buyer can conclude the contract by accepting the proposal to conclude the contract on the website operated by the Seller by placing the requested performance (goods, service, etc.) in the basket. An employee of the Seller can help the buyer when concluding the contract, both at the premises or on the phone, or when ordering by email. Before the Buyer confirms the order in a binding manner, the Buyer has the option to change both the fulfillment he requests, the shipping and the method of payment, i.e. check all the data he entered in the order. The purchase contract is created by the sending of the order by the Buyer after choosing the transport and method of payment and the acceptance of the order by the Seller, the Seller is not responsible for any errors during data transmission. The Seller will immediately confirm the conclusion of the contract to the Buyer by an information email to the email address entered by the Buyer.

The current wording of theTerms and Conditionswill be attached to this confirmation of receipt of the order. The resulting contract (including the agreed price) can be changed or canceled only based on the agreement of the parties or on the basis of legal reasons. For exceptions to this procedure, go to Ordering.

The concluded contract is archived by the seller for a period of at least five years from its conclusion, but no longer than for the period according to the relevant legal regulations, for the purpose of its successful fulfillment and is not accessible to non-participating third parties. Information on the individual technical steps leading to the conclusion of the contract can be seen from these Terms and Conditions, where this process is clearly described.

With the purchase contract , the Seller undertakes to hand over the item that is the subject of the purchase to the Buyer and enable him to acquire ownership of this item, and the Buyer undertakes to take over the item and pay the agreed purchase price to the Seller .

The Seller reserves the right of ownership to the item, and therefore the Buyer becomes the owner of the item only upon full payment of the purchase price.

The Seller will hand over the thing to the Buyer, as well as the documents that relate to the thing, and enable the Buyer to acquire ownership of the thing in accordance with the contract.

The Seller fulfills the obligation to hand over the item to the Buyer if he allows him to handle the item at the place of performance and notifies him in time.

If the Seller is to send the item, it will hand over the item to the Buyer by handing it over to the carrier for transport for the Buyer and enable the Buyer to exercise the rights from the transport contract against the carrier, the Seller will hand over the item to the Buyer only when the item is handed over to him by the carrier.

The Seller will hand over the purchase item to the Buyer in the agreed quantity, quality and design.

If the Seller delivers a quantity of items greater than what was agreed upon, the purchase contract is also concluded for this excess quantity, unless the Buyer rejects them without undue delay.

If it is not agreed how the thing should be packed for transport, the Seller will pack the thing according to established customs; if they are not, then in a manner necessary for the preservation of the item and its protection during transport. Similarly, the Seller will arrange the item for storage.

The Buyer's right from defective performance is based on a defect that the item has when the risk of damage passes to the Buyer, even if it becomes apparent only later. The Buyer's right is also based on a defect that arose later, which the Seller caused by violating one of its legal obligations.

The buyer inspects the item as soon as possible after the risk of damage to the item passes to him, and makes sure of its properties and quantity.

The risk of damage passes to the Buyer upon acceptance of the item. It has the same effect if the Buyer does not take over the item, even if the Seller has allowed him to use it.

Damage to property that occurred after the risk of damage to property has passed to the Buyer does not affect his obligation to pay the purchase price, unless the Seller caused the damage by violating one of his legal obligations.

If a party delays taking over the thing, the other party has the right to sell the thing after prior notification to the account of the delayer in a suitable way, after giving the delayer an additional and reasonable period for taking over. This also applies in the event that the party delays payment, which is conditional on the delivery of the item.

Responsibilities of the Seller

The Seller is responsible to the Buyer that the item has no defects upon receipt. If a defect becomes apparent within six months of receipt, it is considered that the item was already defective upon receipt.

The buyer is entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of receipt, but this does not apply to:

1. in the case of an item sold at a lower price due to the defect for which this lower price was agreed,
2. for the wear and tear of the item caused by the usual use of the item,
3. in the case of a used item, for a defect that corresponds to the degree of use or wear and tear that the item already had when the buyer took it over, or
4. if it follows from the nature of the matter.

 

The right of defective performance does not belong to the Buyer, if the Buyer knew before taking over the item that the item had a defect, or if the Buyer caused the defect himself.

If the item has a defect for which the Seller is liable, and if it is an item sold at a lower price or a used item, the Buyer has the right to a reasonable discount instead of the right to exchange the item.

Substantial breach of contract

If defective performance is a substantial breach of contract, the Buyer has the right

• to remove the defect by supplying a new, flawless item or by supplying a missing item, if this is not disproportionate due to the nature of the defect, if the defect concerns only a part of the item, the Buyer may demand only the replacement of this part, if this is not possible, he may withdraw from the contract. However, if this is disproportionate due to the nature of the defect, and especially if the defect can be removed without undue delay, the buyer has the right to remove such defect free of charge;
• to eliminate the defect by repairing the item,
• for a reasonable discount from the purchase price, or
• withdraw from the contract.

 

The Buyer shall inform the Seller which of these rights he has chosen upon notification of a defect or without undue delay after notification of a defect. The choice made by the Buyer cannot be changed without the consent of the Seller, this does not apply if the Buyer requested the repair of a defect that later turns out to be irreparable. If the Seller does not remove the defect/defects within a reasonable period of time, or if he notifies the Buyer that he will not remove the defects, the Buyer may demand a reasonable discount from the purchase price instead of removing the defect or may withdraw from the contract. If the Buyer does not choose his right in time, he has the same rights as in the case of an insignificant breach of contract, viz. below.

The buyer-consumer has the right to a reasonable discount even if the Seller cannot supply him with a new item in perfect condition, repair the item or replace its part, also in the event that the Seller does not remedy the situation in a reasonable time or if the remedy would be caused considerable difficulties.

Minor breach of contract

In the case of defective performance, a minor breach of contract is one where the Buyer has the right to remove the defect and/or to receive a reasonable discount from the purchase price of such performance.

Until the Buyer exercises the right to a discount on the purchase price or withdraws from the contract, the Seller can deliver what is missing or remove the legal defect. Other defects can be removed by the Seller at his option, for example by repairing the item or delivering a new item.

If the Seller does not remove the defect in the goods in time or refuses to remove the defect in the goods, the Buyer may demand a reasonable discount from the purchase price and/or may withdraw from the contract. The Buyer cannot change the choice made without the Seller's consent.

The Buyer has the right to deliver a new item or replace a part even in the event of a removable defect, if the item cannot be used properly due to the recurrence of the defect after repair or due to a larger number of defects. In such a case, the Buyer has the right to withdraw from the contract.

Upon delivery of a new item, the Buyer returns the originally delivered item to the Seller at his expense.

If the Buyer did not report the defect without unnecessary delay after he could have discovered it during a timely inspection and sufficient care, the court will not grant him the right from defective performance. If it is a hidden defect, the same applies if the defect was not reported without undue delay after the Buyer could have discovered it with sufficient care, but no later than two years after handing over the item.

With a guarantee for quality, the Seller undertakes that the item will be suitable for use for the usual purpose and/or that it will retain the usual properties for a certain period of time. The indication of the warranty period or the period of use of the item on the packaging or in advertising also has these effects. A warranty can also be provided for an individual part of the item.

The warranty period starts from the delivery of the item to the Buyer. If the item has been shipped according to the contract, it only runs from the delivery of the item to the place specified by the customer. If the purchased item is to be put into operation by someone other than the Seller, the warranty period starts from the day the item is put into operation, if the Buyer has ordered the commissioning no later than three weeks after taking over the item and has properly and timely provided the necessary cooperation to perform the service.

The Buyer is not entitled to the warranty if the defect was caused by an external event beyond the control of the Seller after the transfer of the risk of damage to the Buyer.

4. Withdrawal from the contract

Withdrawal from the contract by the consumer

The consumer has the right to withdraw from the contract within fourteen days. The period according to the previous sentence runs from the date of conclusion of the contract and if it is

1. purchase contract, from the day of acceptance of the goods,
2. contract, the subject of which is several types of goods or the delivery of several parts, from the date of acceptance of the last delivery of goods and/or
3. contract, the subject of which is the regular repeated supply of goods, from the date of acceptance of the first supply of goods.

 The Seller allows the consumer to withdraw by filling in and sending a template form for withdrawal from the contract on the website, and the Seller will then confirm its acceptance to the consumer in text form without undue delay.

If the consumer withdraws from the contract, he shall send or hand over to the Seller without undue delay afterwards, at the latest within fourteen days of the withdrawal from the contract, the goods he received from the Seller at his own expense.

The consumer should return the goods complete, with complete documentation, undamaged, clean, if possible, including the original packaging, in the condition and value in which the goods were received.

If the consumer decides to withdraw within the stated period, we recommend that the goods be delivered to the Seller's address together with the attached cover letter with the possible reason for withdrawing from the purchase contract (not a condition), with the number of the purchase document and the indicated bank account number, in order to speed up the processing of the withdrawal, whether the amount will be drawn in the form of credit for the purchase of other goods.

The consumer is liable to the seller only for the reduction in the value of the goods that occurred as a result of handling the goods in a different way than it is necessary to handle them with regard to their properties and nature.

If the consumer withdraws from the contract, the Seller will return to him without undue delay, no later than fourteen days from the withdrawal from the contract, all funds received from him on the basis of the contract in the same way.

If the consumer withdraws from the contract, the Seller is not obliged to return the received funds to the consumer before the consumer hands over the goods or proves that the goods have been sent to the Seller.

The consumer acknowledges the fact that if gifts or other promotional discounts are provided with the goods, a gift contract is concluded between the Seller and the Buyer with the condition that if the consumer's right to withdraw from the purchase contract is used, the gift contract becomes ineffective and the consumer together with the returned goods is obliged to return the related gifts, including everything with which he was enriched. In the event that these are not returned, these values will be understood as unjust enrichment of the consumer. If the release of the subject of unjustified enrichment is not possible, the Seller has the right to monetary compensation in the amount of the usual price.

 

Withdrawal within satisfaction guarantee

Any return of goods in more than a fortnight, usually in 50-100 days (hereinafter referred to as " Satisfaction Guarantee ") is governed by these rules.

The Seller allows the consumer to withdraw by filling in and sending a form for withdrawal from the contract on the website, and the Seller will thus confirm the consumer 's acceptance in text form without undue delay.

If the consumer withdraws from the contract, he shall send or hand over the goods received by the Seller without undue delay, at the latest within fourteen days of the withdrawal from the contract, at his own expense.

The consumer should return the goods complete, with complete documentation, undamaged, clean, if possible, including the original packaging, in the condition and value in which the goods were received.

If the consumer decides to withdraw from the Satisfaction Guarantee, we recommend that, in order to speed up the processing of the withdrawal, the goods are delivered to the Seller's address together with the attached cover letter with the possible reason for withdrawing from the purchase contract (not a condition), with the number of the purchase receipt and the specified bank account number or indicating , whether the amount will be drawn in the form of credit for the purchase of other goods.

The consumer is liable to the seller only for the reduction in the value of the goods that occurred as a result of handling the goods in a different way than it is necessary to handle them with regard to their nature and characteristics.

If the consumer withdraws from the contract, the Seller will return to him without undue delay, no later than thirty working days from the withdrawal from the contract, all funds received from him on the basis of the contract in the same way.

If the consumer withdraws from the contract, the Seller is not obliged to return the received funds to the consumer before the consumer hands over the goods to her or proves that he has sent the goods to the Seller.

The consumer acknowledges the fact that if gifts or other promotional discounts are provided with the goods, a gift contract is concluded between the Seller and the Buyer with the condition that if the consumer's right to withdraw from the purchase contract is used, the gift contract becomes ineffective and the consumer is obliged to return the related gifts together with the returned goods, including everything with which he was enriched. In the event that these are not returned, these values will be understood as unjust enrichment of the consumer. If the release of the subject of unjustified enrichment is not possible, the Seller has the right to monetary compensation in the amount of the usual price.

The seller reserves the right to refuse fulfillment of the Satisfaction Guarantee in the event of missing goods and their accessories or in the event of damage (fall, impact, etc.), or other deterioration of the goods (e.g. modification of the goods by a person not approved by the seller, etc.), or the right to claim costs incurred to return the goods to their original condition. These possible costs will be deducted from the purchase price of the goods, as well as the costs associated with the payment transaction and the costs of postage and packaging. The satisfaction guarantee cannot be applied to goods purchased in installments and to goods in closed packaging that the consumer has removed from the packaging and cannot be returned for hygienic reasons (e.g. extension adapters for different parts of the body).

The seller points out that the Satisfaction Guarantee is conditional on the completion of an individual plan, which the buyer can request from the contacts listed in the user manual or by filling out and sending a sample form for an individual plan on the website. If this option is not used, a cancellation fee of 40% of the purchase price valid at the time of purchase of the device is applied.

Withdrawal in other cases

The buyer cannot withdraw from the contract or demand the delivery of a new item if he cannot return the item in the condition in which he received it. that doesn't apply

1. if the Buyer used the item before the defect was discovered,
2. if there was a change in condition as a result of the inspection for the purpose of detecting a defect in the item,
3. if the Buyer did not cause the impossibility of returning the item in an unchanged state by action or omission, or
4. if the Buyer sold the thing before the discovery of the defect, if he consumed it, or if he changed the thing during normal use; if this happened only in part, the Buyer will return to the Seller what he can still return, and will give compensation to the Seller up to the amount in which he benefited from the use of the item.

 

If the Buyer does not report the defect in time, he loses the right to withdraw from the contract.

5. Security and protection of information

The Buyer's data will be processed by the Seller within the applicable data protection law and used to process your order. For these purposes, the Buyer's data may also be forwarded to the service provider, installment sale or carrier ensuring the delivery of the shipment to the address specified by the Buyer.

The Buyer is entitled to request information from the Seller regarding the processing of personal data.

The buyer gives the seller his consent to the collection and processing of this personal data for the purpose of fulfilling the subject of the concluded purchase contract and use for the seller's marketing purposes (especially for sending commercial messages, telemarketing), until the time of his written expression of disagreement with this processing. In this case, an electronic form is also considered a written statement, especially through the contact form on this website. The buyer has the right of access to his personal data and the right to correct it (via the mentioned contact form, including the right to request an explanation and removal of the defective state and other legal rights to this data. The seller can also process so-called "cookies" in order to facilitate provision of information society services, in accordance with the provisions of Directive 95/46/EC on the purpose of "cookies" or similar tools.

Remarketing and other marketing tools

The seller uses so-called remarketing on this page. This is a way of re-approaching a customer who has already visited the site once and allows them to view the ad again using a file stored on their computer. The Seller's advertisement is displayed through third parties, such as Google, on various websites, so it may happen that you see the same advertisement in more than one place.

This is made possible by files called "cookies", which are saved on your computer when you visit the site. A cookie is a small file stored on the user's computer, in which settings and other information used on websites that the user visits are stored. If you do not wish to receive cookies from this site, you can do so directly on the Google Ads Settings page or on this page of Network Advertising Initiative .

6. Operating hours

Orders via the Seller's online stores: 24 hours a day, 7 days a week, all year round.

7. Prices

All prices are contractual prices. In the online e-shop, the prices are always current and valid. The prices are final, i.e. they are listed including VAT, or all other taxes and fees that the consumer must pay for the purchase and acquisition of the goods, this does not apply to any fees for transport, delivery charges and the costs of means of communication at a distance. Promotional prices are valid for a limited time or while stocks last.

8. Ordering

The buyer receives the fulfillment (goods or service) at the price valid at the time of ordering. This price will be indicated in the order and in the message confirming receipt of the order.

You can order in the following ways:

1. the Seller's electronic stores (hereinafter referred to as "e-shop");
2. by e-mail
3. by phone

 

The Seller recommends the Buyer to place orders via the e-shop.

9. Payment terms

The seller accepts the following payment terms:

1. cash payment upon purchase,
2. advance payment by bank transfer,
3. payment by online payment card via an internet payment portal,
4. cash on delivery upon delivery of the goods (cash is collected from the customer by the transporter)
5. in installments (only if the buyer fulfills the conditions of the company providing the installment sale listed on this website or the provider's website),
6. payment via PayPal

 The goods shall remain the property of the Seller until full payment and acceptance, but the risk of damage to the goods shall pass upon acceptance of the goods by the Buyer.

10. Delivery conditions

The goods can be sent to the buyer by the selected transport service. The condition for delivery by the second or third working day is that the order is received by 12:00. Orders received after this time will take 1 more working day to arrive.

The buyer is obliged to check the condition of the shipment (number of packages, integrity of the tape, damage to the box) with the carrier immediately upon delivery, according to the attached waybill. The buyer is entitled to refuse acceptance of a shipment that is not in accordance with the purchase contract because the shipment is, for example, incomplete or damaged. If the Buyer takes over the shipment damaged in this way from the carrier, it is necessary to describe the damage in the carrier's handover protocol.

An incomplete or damaged shipment must be sent to the Seller immediately, a damage report must be drawn up with the carrier and sent to the Seller by e-mail or post without undue delay. An additional claim of incompleteness or external damage to the shipment does not deprive the Buyer of the right to claim the item, but it gives the Seller the opportunity to prove that it is not a violation of the purchase contract.

11. Warranty conditions

The warranty period for goods is at least 24 months. The purchase receipt usually serves as a warranty card. Lifetime guarantee of a Thing (product) means a guarantee provided for the entire normal life of such purchased Thing (product). Lifetime support of the Thing (product) means e-mail or telephone support of the Seller valid for the entire duration of the product's warranty, while any costs of such communication (calls) are borne by the Buyer.

12. Final Provisions

These General Terms and Conditions, including their parts, are valid and effective from 23 October 2023 and cancel the previous version of the Terms and Conditions, including their parts, which are available electronically on this website.