ESmont spol. s r.o.
These general terms and conditions (hereinafter referred to as "terms and conditions") apply to contracts concluded through the GRASSKI.net online shop located on the web interface www.grasski.net (hereinafter referred to as "web interface") between
ESmont, spol. s r.o., with registered office in Brno, Pellicova 48/8c, Postal Code 602 00,
ID NO.: 60736062,
registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 17880
Delivery address: ESmont, spol. s r.o., Černovická 13, 617 00 Brno
+420 603 148 858
as the seller
and you as the buyer
1. INTRODUCTORY PROVISIONS
By the Purchase Contract we undertake to deliver the goods specified in the order to you, and you undertake to take delivery of the goods (either in person or from the carrier) and to pay us the purchase price specified in the order. The purchase price (or "price") includes the costs of delivery of the goods and any charges associated with the chosen method of payment. The amount of these costs will always be communicated to you prior to the binding dispatch of your order.
You acquire ownership of the goods by paying the full purchase price, but not before you take delivery of the goods.
1.1 Does the contract of sale apply only to the goods?
A contract of sale (or just "Contract") refers herein to any contract entered into under these Terms and Conditions. This may include, for example, a contract for the provision of services.
1.2 Is a contract of sale a consumer contract?
A contract is a consumer contract if you are a consumer, i.e. if you are a natural person and you buy goods outside the scope of your business activity or outside the scope of your independent exercise of your profession. Otherwise, it is not a consumer contract and you are not covered by consumer protection under the law and these terms and conditions, but you are covered by the General Terms and Conditions for Wholesale. In particular, as a non-consumer you do not have the right to withdraw from the contract without giving any reason.
1.3 What special rights do you have as a consumer?
As a consumer, you have in particular:
The right to withdraw from a contract concluded by means of distance communication, such as telephone, e-mail or internet commerce (Article 5 of these Terms and Conditions);
the right to a 24-month guarantee for unused consumer goods (the application of the guarantee is governed by the Complaints Procedure);
the right to information before the conclusion of the contract (the information is contained in these terms and conditions or on the web interface);
the right to an out-of-court settlement of a consumer dispute under the contract (Article 7.3 of these terms and conditions).
1.4 What governs our legal relationship?
Our legal relationship is governed by the following documents:
these terms and conditions, which define and specify our mutual rights and obligations; if you are not a consumer, our relationship is governed by these terms and conditions only in matters not covered by the General Terms and Conditions for Wholesale;
the Complaints Procedure, according to which we will proceed with the complaint of goods;
the terms and conditions and instructions set out on the web interface, in particular when entering into a contract;
the order and its acceptance by us,
and, in matters not covered herein, the following legal provisions:
Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code");
Act No. 634/1992 Coll., on Consumer Protection, as amended (only if you are a consumer).
If your domicile or registered office is outside the Czech Republic or if our legal relationship contains any other international element, you acknowledge that our relationship is governed by Czech law. If you are a consumer and the law of your country of residence provides a higher level of consumer protection than the Czech law, you are afforded this higher level of protection in the legal relationship.
1.5 How do you agree to the Terms and Conditions?
By sending your order and also by confirming it in the web interface, you confirm that you have read and agree to these terms and conditions.
We may change or amend the wording of the terms and conditions. Your rights and obligations are always governed by the wording of the terms and conditions under which they came into effect.
2 CONTRACT OF SALE
2.1 How do we enter into a contract of sale?
A list of the goods is provided on the web interface, including a description of the main features of each item. For each item, the price including all taxes, duties and charges is indicated. The presentation of the goods is for information purposes only and does not constitute our proposal to conclude a contract within the meaning of section 1732 (2) of the Civil Code. In order to enter into a contract, it is necessary that you have placed an order and that this order has been accepted by us.
2.2 How to place an order?
You can always place an order via the web interface (by filling in the form), or by phone, e-mail or any other way that we allow according to the current information on the web interface.
The order must contain all the information prescribed in the form, in particular the exact designation of the goods ordered (or the numerical designation of the goods), the number of items, the chosen method of payment and transport and your contact details (delivery and billing, if applicable).
You will be provided with a recap of your order including the final price (depending on the chosen shipping and payment method) before the order is sent. We recommend that you check in particular the type and quantity of goods, the e-mail and delivery address. You will have the last opportunity to change the data entered in the recapitulation.
You can place a binding order by pressing the button "Click here and enter text.". We consider the information provided in the binding order to be correct and complete. Please inform us immediately by phone or e-mail if you change them.
We will inform you of the receipt of your order. Information (confirmation) of receipt of the order is sent automatically and does not constitute acceptance of the order by us, unless this is explicitly stated in the confirmation.
If we have any doubts about the authenticity and seriousness of the order, we may contact you to verify it. We may refuse an unverified order. Such an order will then be treated as if it had not been placed.
2.3 When is the contract concluded?
The contract of sale is concluded at the moment when you are notified of our acceptance of your order. Acceptance of the order will be sent to the e-mail address you provided in the order. Should acceptance of the order not be received, the contract is concluded when you pay the full purchase price or take delivery of the ordered goods (whichever is earlier). Acceptance of the order (acceptance) may be part of the order receipt information under clause 2.2 of these terms and conditions (if expressly stated in the acknowledgement) or may follow separately from the acknowledgement.
Information on the individual technical steps leading to the conclusion of the contract is visible from the web interface.
2.4 Can you cancel an order already placed?
You can cancel an order that has not yet been accepted by us (i.e. you have not been sent an acceptance of the order by us in accordance with article 2.3 of these terms and conditions) by telephone or e-mail. All orders received by us are binding. Later cancellation of an order is only possible by agreement with us. If an order is cancelled in this way for goods which cannot be withdrawn from the contract (see clause 5 for details), we shall be entitled to reimbursement of the costs we have already incurred in connection with the contract.
2.5 Can the price shown on the web interface be changed?
The prices of the presented goods and the prices for packaging, shipping and delivery remain valid for the time they are displayed in the web interface. Any discounts on the price of the goods cannot be combined with each other, unless explicitly stated otherwise on the web interface.
In the event that there is an obvious technical error on our part in the price of the goods in the web interface or during the ordering process, we are not obliged to deliver the goods to you at the obviously incorrect price, even if you have been sent an acceptance of the order in accordance with these terms and conditions. In this case, we reserve the right to withdraw from the contract.
If the price indicated for the goods in the web interface or during the ordering process is no longer current, we will notify you immediately. If your order has not yet been accepted, we are not obliged to conclude the contract.
Orders sent are not affected by a price change that occurs between the time the order is sent and our acceptance of it in accordance with article 2.3 of these terms and conditions.
2.6 Do you have the option to receive the contract in text form?
The contract is not concluded in writing with the signatures of the parties. The contract consists of these terms and conditions, your order and our acceptance of it. The entire contract will be sent to you by email or, at your request, printed by post. When sending by post, we may ask you to pay the costs involved.
2.7 What if you do not understand something in the contract?
If you have any questions about the terms and conditions or the contract, you can contact us by phone or email. We will be happy to provide you with all the necessary information.
2.8 In which languages can the contract be concluded?
The contract can be concluded in the Czech language, unless we expressly agree on another language.
2.9 Is the contract stored anywhere?
We store the contract (including these terms and conditions) in electronic form. The contract is not accessible to third parties, but we will send it to you on request.
3 PAYMENT TERMS
3.1 What methods of payment do we accept?
You can pay the purchase price primarily by the following methods:
cash on delivery or in person;
cashless before delivery of the goods by credit card;
by wire transfer to our bank account prior to delivery (instructions will be provided in your order confirmation).
Any other payment methods are indicated on the web interface.
Some payment methods (in particular cash on delivery) may incur additional charges. These charges are indicated on the web interface. The final price will always be indicated in the order, which already includes the fees associated with the chosen payment method.
3.2 When is the purchase price due?
In the case of payment in cash, the price is due upon receipt of the goods. In the case of non-cash payment before delivery of the goods, the price is due within five days of receipt of the order in accordance with clause 2.3.
3.3 In what currency can you pay?
Payment for the goods is possible in Czech crowns (CZK) or in euros (EUR).
3.4 When can we request a deposit or payment in advance?
We may require an advance payment of the purchase price, especially for orders with a total price of more than CZK 5,000.
Furthermore, we are entitled to ask you to pay the full price of the goods before they are dispatched or handed over (Section 2119 (1) of the Civil Code does not apply).
4 DELIVERY CONDITIONS
4.1 How do we send the goods?
The methods of delivery of the goods are indicated on the web interface. You can select the specific method of delivery of the goods in the order. If you do not select a shipping method, we may determine it.
4.2 What is the cost of delivery of the goods?
The cost of delivery always depends on the size and nature of the goods and the price list of the chosen carrier. The actual delivery costs are shown on the web interface.
The order will always include the final price, which already includes the cost of the chosen shipping method.
4.3 When will we deliver the goods to you?
The delivery time always depends on the availability of the goods and the chosen method of transport and payment.
Goods that are in stock are generally dispatched within five working days of receipt of the order (when sending the goods on delivery or personal collection), or when payment is credited to our account (when making a cashless payment).
Goods that are not in stock are dispatched as soon as possible. We will inform you of the exact date.
Delivery of the goods under these terms and conditions means the moment when the goods are delivered to you. If you unreasonably refuse to take delivery of the goods, this shall not be deemed to be a failure on our part to deliver the goods or a withdrawal from the contract on your part.
4.4 How do I proceed to take delivery of the goods?
On receipt of the goods, check the packaging of the goods for integrity. If you find any shortcomings, please inform the carrier and us immediately. If you refuse to accept a shipment with damaged packaging, this shall not be considered an unreasonable refusal.
From the moment you take delivery of the goods (or from the moment you were obliged to take delivery of the goods but failed to do so in breach of contract), liability for accidental destruction, damage or loss of the goods passes to you.
4.5 What happens if you do not accept the goods?
If, for reasons on your part, it is necessary to deliver the goods repeatedly or in a manner other than that agreed upon, you shall be liable for the costs of such delivery.
If you do not take delivery of the goods without reason, we shall be entitled to compensation for the costs of delivery and storage of the goods as well as any other costs we incur as a result of the non-acceptance of the goods. These costs shall not exceed CZK 10 for each day of storage. The storage costs may amount to a maximum total of CZK 500 or the purchase price if it is less than CZK 500.
Furthermore, we have the right to withdraw from the contract in such a case.
5 WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1 How can you withdraw from the contract?
You may withdraw from the contract within 14 days from the date of receipt of the goods; if the delivery is divided into several parts, from the date of receipt of the last delivery. We recommend that you send the notice of withdrawal to our delivery address or e-mail. A sample form can be used to withdraw from the contract. We will acknowledge receipt of the notification without undue delay.
You do not need to give any reasons for withdrawal.
5.2 What are the consequences of withdrawal?
By withdrawing from the contract, the contract is cancelled from the outset and is regarded as if it had not been concluded.
If a gift has been given to you together with the goods with your consent, the gift contract shall cease to have effect upon withdrawal by either party. You must send the gift back to us together with the returned goods.
5.3 When can I not withdraw from the contract?
In accordance with § 1837 of the Civil Code, the following contracts, among others, cannot be withdrawn from:
on the delivery of goods that have been modified according to your wishes or for your person;
the delivery of perishable goods or goods that have been irretrievably mixed with other goods after delivery.
5.4 How will you return the goods to us?
You must return the goods to us within 14 days of cancellation of the contract to our delivery address, to any premises or to our registered office. Do not send the goods on delivery. We are not obliged to accept goods sent by cash on delivery.
We recommend that returned goods are accompanied by:
a copy of the delivery note and invoice, if these documents were issued, or other proof of purchase;
a written statement of cancellation (on our form or otherwise) and the method of refund chosen (bank transfer, personal collection of cash or postal order or otherwise). Please include your delivery address, telephone number and email in your statement.
Failure to submit any of the above documents shall not prevent the positive processing of your withdrawal in accordance with the legal conditions.
5.5 When will you get your money back?
We will refund any monies received within 14 days of your withdrawal. Please note, however, that we are not obliged to refund your money before you return the goods to us or prove that you have sent the goods to us.
In addition to the purchase price, you are also entitled to a refund of the cost of delivering the goods to you. However, if you have chosen a method of delivery other than the cheapest method of delivery offered by us, we will refund you the cost of delivery of the goods at the rate of the cheapest method of delivery offered.
We will refund your money:
in the same way we received it; or
in the way you request.
In addition to the above methods, we can always refund the money by sending it to the bank account or account from which the funds were transferred to pay the purchase price (if you do not provide us with one within ten days of cancellation). By accepting these terms and conditions, you agree to the sending of the funds according to the previous sentence, provided that you do not incur any further costs in this way.
You are responsible for the cost of sending the returned goods to our address, even if the goods cannot be returned by the usual postal route due to their nature.
5.6 When can we withdraw from the purchase contract?
We reserve the right to withdraw from the contract in the following cases:
A technical error has resulted in a clearly incorrect price of the goods being displayed on the web interface (article 2.5 of these terms and conditions);
the goods cannot be delivered under the original conditions for objective reasons (mainly because the goods are no longer manufactured, the supplier has stopped delivering to the Czech Republic, etc.);
performance becomes objectively impossible or unlawful.
In the event that any of the above-mentioned circumstances occur, we will inform you immediately of our withdrawal from the contract. The withdrawal is effective against you from the moment it is delivered to you.
If you have already paid the purchase price in full or in part, we will refund the amount received to you without cash to the account you provide us with for this purpose or from which you made the payment. We will refund the money within five days of withdrawal from the purchase contract.
6 RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
Your rights arising from defective performance are governed by the applicable generally binding legal provisions (in particular Sections 1914 to 1925, 2099 to 2117 and 2158 to 2174 of the Civil Code).
We will proceed in accordance with our Complaints Procedure when exercising rights arising from defective performance. Please read the Complaints Procedure thoroughly before submitting a claim so that the claim can be settled as quickly and to your satisfaction as possible.
7 FINAL PROVISIONS
7.1 What authority do we have to carry out our business and who controls us in doing so?
We are authorised to sell goods under a trade licence. Our activities are not subject to any other authorisation.
Trade control is carried out within the scope of its competence by the competent trade authority. The Czech Trade Inspection Authority (http://www.coi.cz/) checks compliance with the legislation on technical requirements for goods and the safety of goods. The Czech Trade Inspection Authority also checks compliance with consumer protection regulations. Consumer rights are also defended by consumer interest associations and other consumer protection bodies.
7.2 How do we handle complaints?
We handle any complaints via our contact email. You can also contact the bodies listed in section 7.1. We are not bound by any codes of conduct in relation to our customers, nor do we adhere to any such codes.
7.3 What rights do you have in the event of a consumer dispute?
If you are a consumer and a dispute arises between us under a contract that we are unable to resolve directly, you have the right to take the dispute to the Czech Trade Inspection Authority (http://www.coi.cz/) for out-of-court resolution of the consumer dispute. You may exercise this right within 1 year from the date on which you first exercised the right that is the subject of this consumer dispute with us.
7.4 What else should you know?
When concluding a contract, means of distance communication (in particular the internet) are used. You are responsible for the costs incurred when using means of distance communication (in particular the cost of the internet connection or telephone calls). These costs do not differ from the normal rate.
Unless otherwise agreed, all correspondence relating to the contract between us shall be in writing, either by e-mail, registered post or personal delivery. For our part, we will deliver to the e-mail address provided in your order or in your user account.
In the event that any provision of these Terms and Conditions is (or becomes) invalid, ineffective or unenforceable, the provision which is closest in meaning to the invalid, ineffective or unenforceable provision shall apply instead. The invalidity, ineffectiveness or unenforceability of one provision shall not affect the validity of the other provisions. The contract (including the terms and conditions) may be amended or supplemented only in writing.
These terms and conditions are valid and effective from 1 January 2023.