General Terms and Conditions
GENERAL TERMS AND CONDITIONS
These General Terms and Conditions (the “Terms”) of House 5, s.r.o., registered office: Křížová 2598/4, Smíchov, 150 00 Prague 5, Czech Republic, Business ID No. 23419253, registered in the Commercial Register maintained by the Municipal Court in Prague under File No. C 426784/MSPH, e-mail stastny@house-5.com, phone +420 602 115 687 (hereinafter the “we”, “us” or the “Seller”), govern, pursuant to Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”), the mutual rights and obligations of you as buyers and us as the Seller arising in connection with or under a purchase contract (the “Contract”) concluded via the online shop at www.house-5.com (the “E-shop”).
All information on the processing of your personal data is contained in our Privacy Policy available at www.house-5.com.
These Terms form an integral part of the Contract. The Contract and the Terms are executed in Czech. We may unilaterally amend or supplement the Terms; such changes do not affect rights and obligations that arose during the effectiveness of the previous version.
The Contract is concluded remotely by means of distance communication via the E-shop interface (the “E-shop Interface”), without the simultaneous physical presence of the parties.
If any provision of the Terms conflicts with a specific agreement we expressly made with you during your purchase process on the E-shop, that specific agreement shall prevail.
1. Definitions
Price means the amount payable for the Goods.
Delivery Charge means the amount payable for delivery of the Goods, including packing.
Total Price means the Price plus the Delivery Charge.
VAT means value added tax under applicable laws.
Invoice means a tax document issued under VAT legislation for the Total Price.
Order means your binding offer to conclude a contract for the purchase of Goods with us.
User Account means an account created based on details provided by you, enabling the storage of such details and of your order and contract history.
You means the person purchasing on our E-shop (the buyer).
Goods means any items available for purchase on the E-shop.
2. General provisions and information
2.1 Goods can only be purchased via the E-shop Interface.
2.2 You must provide accurate and truthful information; we will consider the details in your Order to be accurate and truthful.
2.3 We provide access to product reviews by other consumers. We verify the authenticity of such reviews by linking each review to a specific order (in our internal system, every review has an associated order ID), which allows us to verify and demonstrate that the review comes from a real consumer.
3. Conclusion of the Contract
3.1 The Contract may be concluded with us only in the Czech language.
3.2 The Contract is concluded remotely via the E-shop; you bear the costs of distance communication means (these do not exceed standard rates such as internet access). By submitting the Order, you consent to the use of such means.
3.3 To conclude the Contract, you must create an Order in the E-shop, which includes:
a) the Goods selected (by clicking “Add to cart”);
b) information on the Price, the Delivery Charge, the chosen method of payment of the Total Price, and the delivery method; these are generated automatically based on your selections;
c) your identification and contact details for delivery (name, surname, delivery address, telephone number, e-mail).
3.4 Until completion, you may edit and verify the Order data. You place the Order by clicking “Order with obligation to pay”; prior to submission, you must confirm you have read and agree to these Terms (checkbox).
3.5 We will confirm receipt of your Order by e-mail to the address stated in the Order. The confirmation includes a summary of the Order and these Terms as an attachment. The Contract is concluded upon our confirmation.
3.6 We may be unable to confirm an Order, in particular if the Goods are unavailable or if you order more items than permitted (limits are disclosed in advance in the E-shop). In such cases, we will contact you with a revised offer; the Contract is then concluded once you accept that offer.
3.7 If the E-shop or the Order states a manifestly incorrect Price, we are not obliged to supply the Goods at that Price even after confirming the Order. We will promptly contact you with a new offer; the Contract is concluded upon your acceptance. A manifest error includes, for example, a Price that clearly deviates from the usual market price or an obvious numerical error.
3.8 Upon conclusion of the Contract, you become obliged to pay the Total Price.
3.9 If you have a User Account, you may order via that account; you must still verify the accuracy of pre-filled data.
3.10 We may offer discounts. To apply a discount, fill in the designated field in the Order.
4. User Account
4.1 By registering on the E-shop, you gain access to your User Account.
4.2 You must provide truthful data upon registration and update it if it changes.
4.3 Access is protected by a username and password; you must keep these confidential. We are not liable for misuse of your credentials.
4.4 The User Account is personal; you may not allow third parties to use it.
4.5 We may cancel the account, in particular if unused for more than 12 months or if you breach your obligations.
4.6 The account may not be available continuously (due to necessary HW/SW maintenance).
5. Pricing and payment terms; retention of title
5.1 The Price is displayed in the E-shop, in the Order and, of course, in the Contract. If there is a discrepancy, the Price stated in the Order (identical to the Contract) prevails. The Order also shows the Delivery Charge and any conditions for free delivery.
5.2 The Total Price includes VAT and all statutory charges.
5.3 You must pay the Total Price after conclusion of the Contract and before delivery of the Goods, by:
a) bank transfer (payment details will be sent in the Order confirmation; due date per the invoice);
b) cash on delivery (payment upon receipt).
— We issue the Invoice electronically after receipt of payment and send it to your e-mail; it is also enclosed with the Goods and available in the User Account.
5.4 Title to the Goods transfers to you only after payment of the Total Price and collection of the Goods. For bank transfers, payment occurs when credited to our account; for other methods, when the payment is executed.
6. Delivery of Goods; transfer of risk
6.1 If the Goods are marked “in stock”, we will deliver them no later than 14 days. Delivery options:
– personal collection at our warehouse;
– delivery by carriers arranged by House 5;
– our own transport.
6.2 Delivery time depends on availability and the selected delivery and payment methods; the estimated delivery time is stated in the Order confirmation. For personal collection, we will notify you by e-mail when the Goods are ready.
6.3 Upon receipt from the carrier, you must check the integrity of the packaging and report any defects to the carrier and to us without delay. You are not obliged to accept a shipment showing signs of unauthorised interference.
6.4 If you fail to take delivery (except under 6.3), it does not constitute our breach of the delivery obligation nor your withdrawal from the Contract. We may withdraw from the Contract for material breach or store the Goods; we are then entitled to reimbursement of our actual costs and any loss of value. Withdrawal is effective upon delivery of our notice.
6.5 If, for reasons on your side, the Goods must be delivered repeatedly or by a method other than agreed, you shall reimburse the related costs (payable within 14 days of our e-mail with payment details).
6.6 Risk of damage to the Goods passes to you upon taking delivery; if you fail to take delivery for reasons on your side, risk passes when you could have taken delivery.
6.7 If the Goods were not stated as in stock and only an indicative availability was shown, we will inform you of:
a) extraordinary production outage (including a new expected availability or the impossibility to deliver);
b) delay by our supplier (including a new expected delivery time).
7. Defective performance (claims)
7.1 At the time risk passes under Section 6, the Goods are free of defects, in particular they:
– conform to the agreed description, type, quantity, quality, functionality, compatibility and other agreed features;
– are fit for the purpose you require and we agree with;
– are supplied with agreed accessories and instructions;
– are fit for the usual purposes for goods of that kind;
– have properties, including durability, functionality, compatibility and safety, that are usual and may be reasonably expected, including with regard to public statements made by us or others in the supply chain;
– are supplied with accessories, including packaging, assembly instructions and other instructions reasonably to be expected; and
– correspond in quality or workmanship to any sample or model provided before the Contract.
7.2 Rights and obligations follow applicable law (in particular Sections 2099–2117 and 2161–2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
7.3 If the Goods have a defect, you may notify us and exercise rights from defective performance (lodge a claim) by e-mail or post to our contact addresses; you may use the model claim form (Annex 1). You must choose how the defect is to be remedied; this choice cannot be changed without our consent. We will proceed according to the right you asserted.
7.4 You are entitled to:
a) removal of the defect by delivery of new defect-free Goods or the missing part; or
b) removal of the defect by repair;
unless the chosen method is impossible or disproportionately costly compared to the other method (considering, in particular, the significance of the defect, the value of the Goods without the defect, and whether the defect can be remedied by the other method without significant inconvenience to you). We may refuse removal if impossible or disproportionately costly.
7.5 You are further entitled to a reasonable discount or to withdraw from the Contract if:
– we refuse to remove the defect or fail to do so in accordance with the law;
– the defect recurs;
– the defect constitutes a material breach of the Contract; or
– it is apparent from our statement or the circumstances that the defect will not be removed within a reasonable time or without significant inconvenience to you.
There is no right to withdraw if the defect is insignificant.
7.6 If you caused the defect, no rights from defective performance arise.
7.7 Normal wear and tear is not a defect; for used Goods, wear corresponding to prior use is not a defect.
7.8 When you lodge a claim, we will issue written confirmation stating the date of the claim, its content, the requested method of handling and your contact details.
7.9 Unless we agree on a longer period, we will remove defects and inform you about the handling of the claim within 30 days of receipt. If this period lapses in vain, you may withdraw from the Contract or demand a reasonable discount. We will inform you by e-mail and issue confirmation of the handling.
7.10 If the claim is justified, you are entitled to reimbursement of reasonably incurred costs (to be evidenced by receipts, etc.). If the defect is remedied by replacement, you must return the original Goods; return shipping is borne by us.
7.11 If you are an entrepreneur, you must notify and specify defects without undue delay after you could have discovered them, but no later than 3 days after receipt.
7.12 If you are a consumer, you may exercise rights from a defect that appears in consumer Goods within 24 months of receipt.
8. Withdrawal from the Contract
8.1 Withdrawal may occur for reasons and in ways stated herein or by law.
8.2 If you are a consumer, you have the right under Section 1829 of the Civil Code to withdraw without giving a reason within 14 days from conclusion of the Contract, or, in the case of a purchase of Goods, within 14 days from taking delivery; where the Contract concerns several items/parts, the period runs from delivery of the last item/part; for regular deliveries, from the first delivery.
8.3 You may withdraw by any verifiable means (e-mail/post to our contacts). You may use the model withdrawal form (Annex 2).
8.4 You may not withdraw in the cases under Section 1837 of the Civil Code.
8.5 The withdrawal period is met if you send the notice within the period.
8.6 If you withdraw under 8.2, you must send the Goods back within 14 days; you bear the return costs. You are entitled to a refund of delivery costs up to the amount corresponding to the cheapest offered delivery method. If you withdraw due to our breach, we will reimburse return costs up to that amount.
8.7 We will refund the Price within 14 days of the effective withdrawal to the account from which payment was made or the account you specify; however, we are not obliged to refund before we receive the Goods back or you prove that you have sent them. Please return the Goods clean, preferably in the original packaging.
8.8 You are liable for any diminished value of the Goods resulting from handling beyond what is necessary to establish their nature and functioning (as in a brick-and-mortar store). Before refunding, we may set off our claim for such diminution.
8.9 We may withdraw at any time before delivery if there are objective reasons preventing delivery (third-party issues, nature of the Goods), even before the periods under Section 6 expire, or if it is apparent that you provided intentionally incorrect data. If you purchase as an entrepreneur, we may withdraw at any time without giving a reason.
9. Consumer dispute resolution
9.1 We are not bound by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.
9.2 Consumer complaints are handled via stastny@house-5.com; we will notify you of the outcome by e-mail.
9.3 The Czech Trade Inspection Authority (Česká obchodní inspekce), Štěpánská 796/44, 110 00 Prague 1, ID 00020869, www.coi.cz, is competent for out-of-court resolution of consumer disputes. The ODR platform at http://ec.europa.eu/consumers/odr may be used for disputes arising from online contracts. The contact point is the European Consumer Centre Czech Republic, Štěpánská 796/44, 110 00 Prague 1, www.evropskyspotrebitel.cz.
10. Final provisions
10.1 If our legal relationship contains an international element, it is governed by Czech law; if you are a consumer, this does not affect your rights under mandatory provisions.
10.2 All written correspondence between us and you is conducted electronically. Our e-mail address is stated above; we deliver to the e-mail provided in the Contract, in the User Account, or used to contact us.
10.3 The Contract may be amended only by written agreement. We may amend these Terms; such amendments do not affect existing Contracts but only those concluded after the effective date. If you have a User Account or we supply Goods to you on a recurring basis, we will notify you of changes at least 14 days before they take effect. If we do not receive a notice of termination of a recurring-delivery Contract within 14 days of sending the notice, the new terms become part of our Contract and will apply to the next delivery; the notice period is 2 months.
10.4 In cases of force majeure or unforeseeable events (natural disaster, pandemic, operational failures, supplier outages, etc.), we are not liable for damage arising from or in connection with such events; if force majeure lasts longer than 10 days, either party may withdraw.
10.5 Annexes to the Terms are Annex 1 – Claim Form and Annex 2 – Withdrawal Form.
10.6 The Contract, including the Terms, is archived electronically by us and is not accessible to you. However, you will always receive these Terms and the Order confirmation by e-mail; we recommend that you save them.
10.7 These Terms take effect on 1 October 2025.
Annex 1 – Claim Form
Addressee: House 5, s.r.o., Křížová 2598/4, 150 00 Prague 5, Czech Republic; e-mail: stastny@house-5.com
Claim submission
Date of Contract: ……
Name and surname: ……
Address: ……
E-mail: ……
Goods claimed: ……
Defect description: ……
Requested handling: replacement / repair / discount / withdrawal (select) ……
Please issue a confirmation of my claim stating the date of submission, its content, the requested handling method and my contact details.
Date: …… Signature: ……
Annex 2 – Withdrawal Form
Addressee: House 5, s.r.o., Křížová 2598/4, 150 00 Prague 5, Czech Republic; e-mail: stastny@house-5.com
I hereby give notice that I withdraw from the purchase contract.
Date of Contract: ……
Name and surname: ……
Address: ……
E-mail: ……
Goods specification: ……
Preferred refund method (including bank account number): ……
I acknowledge that, as a consumer (subject to exceptions under Section 1837 of the Civil Code), I may withdraw within 14 days from conclusion of the Contract, or, for Goods, within 14 days from taking delivery; for multiple items, from delivery of the last item; for regular deliveries, from the first delivery. I will send or hand over the Goods to the Seller without undue delay, no later than 14 days from withdrawal. The Seller will refund all monies received, including delivery costs up to the cheapest delivery option offered, without undue delay and no later than 14 days from withdrawal, using the same means of payment, and is not obliged to refund before receiving the Goods back or before I prove that I have sent them.
Date: …… Signature: ……