You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
1. General Information
1.1. These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and MB Adsera (hereinafter – “Us”, “We”, “Our”, “Seller” or “https://hester.cz/”), concerning your access to and use of the https://hester.cz/ website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). MB Adsera is a company incorporated under the laws of Lithuania (company reg. No. 305662231, VAT number is LT100014008510) with a registered office address at Zirmunu st. 54-56, LT-09226, Vilnius, Lithuania.
1.2. Please be noted that all purchases that You will make on the Website will be sent to You from one of our fulfilment centers, which address will not match our office address. If you want to return a product – please do not send it to our office address as we will not be able to accept it. All returns should be sent to our fulfillment center – for more detailed information about returns please see Our Return Policy.
1.3. In order to use the Website and make any purchase on the Website you must meet the following minimal requirements:
(a) You have read these Terms and agree to be bound by them;
(b) You are of legal age to use the Website and/or enter into a remote contract via online means, as required by Your local laws;
(c) You are using the Website for your own personal interest and do not seek to use the Website for the interest of any other business entity or subject regardless of it being natural or a legal person.
1.4. Please note that the Website is intended and designed for adult users only. The Website is not and will never be intended for use by children or minors.
1.5. If You have read these Terms but do not fully understand the provisions set out herein please contact our customer support team and refrain from buying anything on the Website until you fully understand all the terms and conditions.
1.6. We have the right to prohibit You from accessing and using the Website or any of its features if we have reason to believe that you do not comply with the requirements set out in Clause 1.3. above or if we have a reason to believe that You are in breach of any other provision of these Terms.
2. Our Products and Services
2.1. The Website/-s are dedicated to selling consumer products and their accessories. From time to time we might also offer you other products on the Website (all products sold on the Website shall be collectively referred to as “Goods”). Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
2.2. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer, phone or tablet monitor’s display of any color will be accurate.
2.3 We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
2.4. All our Goods are designed and manufactured in accordance with all EU requirements.
2.5. Our Goods are not designed or intended to be used by children. Please do not give the Goods that you buy from the Website to children without your close attention. We suggest keeping all Goods that you buy from the Website away from the reach of children.
2.6. Please be noted that our Goods are not designed and are not suitable for industrial, commercial or professional use. We sell our Goods for personal use only.
2.7. You can find specifications, detailed descriptions, important usage information and answers to other questions that you might have on the each product landing page at https://hester.cz/
3. Pricing, Payments and Charges
3.1. The final price, inclusive of all taxes and fees for the Goods shall be displayed on the check-out page, on which you will be able to make the purchase. Please be noted that the price on the check-out page does not include any import fees or duties which would be applicable by your local customs. Please be noted that the price on the check-out page does not include any import fees or duties which would be applicable by your local customs.
3.2. Prices for Goods displayed on the Website might be subject to change. We may apply discounts or reduce prices from time to time.
3.3. We reserve the right to modify or discontinue further sales of any products. We will not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the sale of products.
3.4. All prices displayed on the Website are inclusive of international shipping costs and taxes. However, please be noted that consumers from different countries may see product prices which would be slightly different – the prices may be affected by the Value Added Tax (“VAT”) which would or would not be applicable depending on each case. Also, depending on your shipping address, some buyers might have to pay import fees.
3.5. In cases when VAT is applicable in your country and your requested product is located in our EU fulfilment center VAT shall be included in the product price displayed to you on the check-out page.
3.6. Please be noted that we will never apply any conversion rates or charges dependable to your chosen payment method. However, some banks apply conversion rates for outgoing payments and international transfers – thus, we are not responsible for any bank fees or conversion rates that your bank would apply for any payment made to Us. If you notice any differences between the product prices on Our Website or purchase receipt and Your bank account statement, please refer to your bank for detailed explanation of the additional charges.
3.7. We accept payments by credit card, PayPal and other electronic payments only. We will not accept checks, cash or other means for payment, except if ‘cash on delivery’ service would be available in your country (if ‘cash on delivery’ is available at your country, you will be informed about such option on the check-out page).
4. Delivery
4.1. Once you have placed your order on the Website and made the payment, we will process your order within 1-3 business days. After your order is processed you should receive the shipment within 14 calendar days if shipping will not be affected by natural occurrences.
4.2. All products purchased on our Website will be delivered to You by DHL or other similar couriers. After we finish processing your order we will send you confirmation letter containing your shipment tracking number. You can track your order online anytime by visiting https://www.17track.net/ or https://www.stone3pl.com/index.php?route=services/track.
4.3. In case your purchase does not reach you within 30 calendar days, please report to our customer support. Please be noted, that in accordance to Article 18(2) of the Directive 2011/83/EU of the European Parliament and of the Council, if You do not receive your purchase within 30 days, you must contact us and inform Us about acceptable additional period of time upon which we will deliver Your purchase. You shall be entitled to terminate the purchase only if We have failed to deliver your purchase within the additional time limit. Please be noted that you cannot claim to not have received the purchased goods if the rules set out in this provision is not followed.
4.4. Please be noted that:
(a) due to the COVID-19 pandemic the logistics network might be disrupted in various countries, thus the delivery times might be longer than specified on the Website or in these Terms;
(b) the shipping terms may also be affected by customs, natural occurrences, transfers to the local carrier in your country or air and ground transportation strikes or delays. We will be not responsible for delays if the shipment will be delayed due to the aforementioned reasons.
5. Returns & Refunds
5.1. If you are unhappy with your purchased Goods you have the right to return them within 30 days from the delivery date. The 30-day return term will expire after 30 days from the day on which You, or a third party other than the carrier indicated by You, acquires physical possession of the purchased Goods. However, please be noted that you will receive a full refund only if you inform us about the returning Goods and send them to us within the first 14 days after receiving your ordered Goods. If you decide to return and send us back your Goods after the 14 days term is passed, but not later than within 30 days from the day when you received your Goods, additional fees may be applied (please see Clause 5.5 below).
5.2. To exercise the right to withdraw and return your purchased Goods, You must contact our customer support team by contacts found at https://hester.cz/kontakt/. After you contact our support team, you will be provided with a return code and return address – please be noted that we will only accept returning goods that will be sent with the provided return code and delivered to the provided return address.
5.3. To meet the withdrawal deadline (30 days), it is sufficient for you to send your communication concerning the returning goods before the withdrawal period expires. We won’t accept returns if you fail to contact us within the withdrawal deadline (30 days from receiving the purchase).
5.4. If you withdraw from this contract, we shall reimburse to you all payments received from you, without undue delay and in any event not later than within 14 days from the day on which we receive the returning goods from you. We will make the refund by using the same means of payment as you used for the initial transaction.
5.5. If you decide to return the product after 14 days but not later than within 30 days from receiving the goods, we will apply a restocking fee for all returned goods, which will be deducted from the total amount of the refund. The restocking fee will be equal to 30% of the total value of the returned goods.
Here’s how our return policy works – within 30-Days from receiving any products purchased from us, you can return and receive a refund, exchange or store credit for future purchases, if:
(a) You have received a product with damaged or contaminated package;
(b) You have received a product that is defective or otherwise bad;
(c) You have received a wrong item;
(d) You have changed your mind and want to return an unused and opened product.
*Return shipping costs have to be covered by the customer. Return shipping fees will not be refunded or compensated for.
5.6. Please be noted that we will only accept the returned Goods if it was not used, damaged and sent back to us in the original package. If we determine that the returned products were used but still in operable and re-sellable condition, we might still make a refund to you, but You will be liable for any diminished value of the Goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Thus, if we found that the returned product was used, we might deduct the diminished value from the refundable amount.
5.7. Please be noted that if You want to return Goods bought on the Website You will have to cover the shipping costs which will not be compensated by Us.
5.8. Please be noted that we will only accept returned products and make refund for them if they will be returned to the address provided by Our customer support and will have the return merchandise authorization code placed on the returning shipment.
Please do not send any returning products to our office address as we won’t be able to accept them.
6. Warranty
6.1. All of our Goods come with a standard two years warranty. We will replace any item that would turn out to be defective within the warranty term.
6.2. Please be noted that the warranty shall not apply if we determine that the product was not used as intended or has been mechanically damaged.
6.3. If you wish to return a defective item please contact our customer support team by contacts found at https://hester.cz/kontakt/ . When you contact our customer support with a warranty claim please be prepared to provide upon request:
(1) photographs or video of the defective item;
(2) your order ID and purchase confirmation letter or payment receipt;
(3) a brief description of the defect.
7. Personal data and Contacting
7.1. We take necessary precautions and follow industry best practices as well as all requirements set by applicable laws to protect Your personal information from being inappropriately lost, misused, accessed, disclosed, altered or destroyed.
7.2. The Provider ensures that all personal data shall be collected and processed in accordance with all applicable laws.
7.3. Please be noted that we may contact you via phone or email if we need to confirm any details of your order or if your order request was not processed successfully due to technical matters. If your order was not successful due to payment processing errors we might send you a text message or email with a reminder to carry out necessary actions.
8. Disclaimer
8.1. We honor the privacy of our customers, thus all testimonials and/or comments displayed on the Website might have fictional names and associative pictures. The identity of the consumers is known to us, but we will never display our users’ true names except when a user gives its express consent to display his/her name and/or image.
8.2. The Website may provide links to other websites maintained by third parties. Any information, products, software, or services provided on or through third-party sites are controlled by the operators of such sites and not by us or our subsidiary companies. When you access third-party sites, you do so at your own risk.
8.3. Unless otherwise indicated, this Website is our property and all source code, databases, functionality, software, designs, text, photographs, and graphics on the website are owned or controlled by us and are protected by copyright and trademark laws. It is forbidden to copy or use any of the website’s contents without prior written approval by Us.
8.4. The Products Sold On Our Website Are Designed For Personal Use Only. We Do Not Claim That Any Of Our Products Will Be Suitable For Professional, Industrial, Or Commercial Use.
8.5. The Products Offered On Or Through The Website Are Provided “As Is” And Without Warranties Of Any Kind Either Express Or Implied. To The Fullest Extent Permissible Under Applicable Law, We Disclaim All Warranties, Express Or Implied, Including, But Not Limited To, Implied Warranties Of Merchantability And Fitness For A Particular Purpose.
8.6. We Do Not Make Any Representations Or Warranties About The Correctness, Accuracy, Timeliness, Or Reliability Of The Website Or Third-Party Sites. Use Of Any Information On The Website Or Third-Party Websites Is At The User’s Own Risk. Under No Circumstances Will We Be Liable For Any Loss Or Damage Caused By Reliance On Information Obtained Through The Website.
8.7. Any Information Provided On The Website Is For Commercial And Recreational Purposes Only. The Website Should Not Be Used In Any High-Risk Activities Where Damage Or Injury To Persons, Property, Environment, Finances, Or Business May Result If An Error Occurs. You Assume All Risk For Your Use Of Information Provided On The Website.
9. Rules and Conduct
9.1. You may not use our Goods or Services for any illegal or unauthorized purpose nor may you, in the use of the Website, violate any laws. All contents of the Website and the contents of all materials received from us (including graphic designs and other contents) and the relevant parts of the Website belong to the ownership of MB Adsera and are protected by the copyright laws. Any use of any copyrights for purposes other than personal use, without our license, constitutes a breach of copyright.
9.2. Please be noted that our Goods are sold for personal use only. By agreeing with these Terms you confirm that you will only buy our Goods for personal use.
9.3. We have the right, but not obligation, to investigate any illegal and/or unauthorized use of the Website and take appropriate legal action, including without limitation, civil, and injunctive relief if we have a reason to believe that you are violating these Terms or applicable laws. While using the Website, you must:
(a) Not use the Website or any of its contents for any illegal purpose, or in violation of any local, state, national, or international law;
(b) Not violate or encourage others to violate the rights of third parties, including intellectual property rights;
(c) Comply with all policies posted on the Website;
(d) Not transfer, legally or factually, your registered account to another person without our written consent;
(e) Provide honest and accurate information to us;
(f) Not use the Website or any of its contents for any commercial purpose, including distribution of any advertising or solicitation;
(g) Not reformat, format, or mirror any portion of any web page of the Website;
(h) Not create any links or redirections to the Website through other websites or emails, without prior written consent given by us;
(i) Not make any attempts to interfere with the proper functioning of the Website or the use and enjoyment of the Website by other users;
(j) Not commercially resell, redistribute or transfer any Products that you buy from us;
(k) Not interfere in any way with security-related features of the Website;
(l) Not access, monitor or copy any content or information of the Website using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;
(m) Not claim false affiliations, access the accounts of other users without permission, or falsify your identity or any information about you, including age or date of birth;
(n) Not perform any other activity or action which would be incompliant with these Terms or applicable laws.
9.4. You acknowledge that the Website does not have to be accessible at all times, especially during the necessary hardware and software maintenance periods.
10. Limitation of Liability
10.1. Under No Circumstances shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, health issues, sickness, physical problems, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. In no case shall we be liable for any recommendations, health claims, statements, or any other advice or information provided on the website or any other forms of communication. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
10.2. In no case, Including, But Not Limited To, Negligence, Shall We, Our Subsidiary Companies, Or Affiliates Be Liable For Any Direct, Indirect, Incidental, Special Or Consequential Damages That Result From The Use Of, Or The Inability To Use, The Website, Including Its Materials, Products, Or Services, Or Third-Party Materials, Products, Or Services Made Available Through The Website, Even If We Are Advised Beforehand Of The Possibility Of Such Damages. As Some States Do Not Allow The Exclusion Or Limitation Of Certain Categories Of Damages, The Above Limitation May Apply To You In Lesser Extent. In Such States, Our Liability And The Liability Of Our Subsidiary Companies Or Affiliates Is Limited To The Greatest Extent That It Can Be Limited Under Such State Law.
10.3. If You are dissatisfied with the Website, any materials, products, or services displayed on the Website, or with any of the Website’s terms and conditions, your sole and exclusive remedy is to discontinue using the Website.
11. Indemnification
11.1. You agree to indemnify, defend and hold us and our affiliates, and respective officers, directors, owners, agents, information providers, and licensors harmless from and against all claims, liability, losses, damages, costs, and expenses (including attorneys’ fees) in connection with:
(a) Your use of, or connection to, Our Website;
(b) Any use or alleged use of Your account or Your account password by any person, whether or not authorized by You;
(c) The content of information submitted by You to Us;
(d) Your violation of the rights of any other person or entity;
(e) Your violation of any applicable laws, rules, or regulations.
11.2. We reserve the right, at our own expense, to assume defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with us in defense of such claim.
12. Governing Law and Disputes
12.1. These Terms have been construed in accordance with EU laws regulating consumer rights. These Terms and entire legal relations between you and us shall be subject to the law of the Republic of Lithuania, except in cases if the consumer relations regulating laws would set a specific applicable law or jurisdiction.
12.2. If the You would have any complaints please contact our support team before making an official complaint to any authority or third party. You may contact Us at any time by contacts found at https://hester.cz/kontakt/. We will always put our best efforts to settle any complaints as fast as possible and in a way which would be most favorable to You.
12.3. If we are unable to reach an amicable settlement with You or if you have any other complaints about our goods or services, You may submit a request or complaint regarding your purchase to the State Consumer Rights Protection Authority (SCRPA) of the Lithuanian Republic (address Vilniaus g. 25, 01402 Vilnius, Lithuania, email: tarnyba@vvtat.lt, telephone 8 5 262 67 51, fax 8 5 279 14 66, website www.vvtat.lt) or you can also contact any territorial division of the SCRPA or fill out a request/complaint form on the EGS platform at http://ec.europa.eu/odr. You also have the right to appeal to a court of the Republic of Lithuania (according to the headquarters of the Provider) or other institutions considering consumer disputes in the out-of-court procedure.
13. Miscellaneous
13.1. If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms of service, such determination shall not affect the validity and enforceability of any other remaining provisions.
13.2. You can review the most current version of the terms of service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these terms of service by posting updates and changes to our website.
13.3. These Terms and the Privacy Policy (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement between You and Us.