Terms and Conditions

GENERAL TERMS AND CONDITIONS FOR E-SHOPS

These general terms and conditions ("Terms") of Smarthink trade and consulting, s.r.o., with registered office at Jaselská 102/29, 74601 Opava, Company ID: 09639179, VAT ID: CZ09639179 registered in the commercial register under file no. C 83684/KSOS maintained by the Regional Court in Ostrava, e-mail ohenvzahrade@email.cz, telephone number +420722904420, business premises address Rybářská 89, 746 01 Opava ("We" or "Seller") regulate, in accordance with the provision of Section 1751 paragraph 1 of Act No. 89/2012 Coll., Civil Code, as amended ("Civil Code"), the mutual rights and obligations of you, as buyers, and us, as sellers, arising in connection with or based on a purchase contract ("Contract") concluded through the E-shop on the website www.ohenvzahrade.cz.

All information about the processing of your personal data is contained in the Personal Data Processing Principles, which you can find here.

The provisions of these Terms are an integral part of the Contract. The Contract and Terms are prepared in Czech language. We may unilaterally change or supplement the wording of the Terms. This provision does not affect rights and obligations arising during the validity of the previous wording of the Terms.

As you surely know, we communicate primarily at a distance. Therefore, it also applies to our Contract that distance communication means are used, which allow us to reach an agreement without simultaneous physical presence of us and you, and the Contract is thus concluded in a distance manner in the E-shop environment, through the web page interface ("E-shop web interface").

If any part of the Terms contradicts what we have jointly approved during the process of your purchase in our E-shop, this specific agreement will take precedence over the Terms.

1. SOME DEFINITIONS

Price is the financial amount you will pay for the Goods;
Shipping Price is the financial amount you will pay for delivery of the Goods, including the price for its packaging;
Total Price is the sum of the Price and Shipping Price;
VAT is value added tax according to applicable legal regulations;
Invoice is a tax document issued in accordance with the value added tax law for the Total Price;
Order is your binding proposal to conclude a Contract for the purchase of Goods with us;
User Account is an account established based on information provided by you, which enables storage of entered data and keeping history of ordered Goods and concluded Contracts;
You are the person purchasing in our E-shop, legally referred to as the buyer;
Goods is everything you can purchase in the E-shop.

2. GENERAL PROVISIONS AND INSTRUCTIONS

Purchase of Goods is only possible through the E-shop web interface.
When purchasing Goods, it is your obligation to provide us with all information correctly and truthfully. Information you have provided us in the Order will therefore be considered correct and truthful.
In our E-shop, we also provide access to evaluation of Goods made by other consumers. We ensure and control the authenticity of such reviews by linking ratings to specific orders, so in the internal system we can see the linked order ID for each rating, and thus we are able to verify and prove that the review comes from a real consumer.

3. CONCLUSION OF CONTRACT

A Contract with us can only be concluded in Czech and Slovak languages.
The Contract is concluded at a distance through the E-shop, with the costs of using distance communication means paid by you. However, these costs do not differ in any way from the basic rate you pay for using these means (i.e., especially for internet access), so you should not expect any additional costs charged by us beyond the Total Price. By sending the Order, you agree that we use distance communication means.
In order for us to conclude the Contract, you need to create an Order in the E-shop. This proposal must include the following information:
1. Information about the purchased Goods (in the E-shop you mark the Goods you are interested in purchasing with the "Add to Cart" button);
2. Information about the Price, Shipping Price, method of payment of the Total Price and required method of delivery of the Goods; this information will be entered during Order creation within the user environment of the E-shop, with information about Price, Shipping Price and Total Price being automatically indicated based on your chosen Goods, method of delivery and payment;
3. Your identification and contact details used for us to deliver the Goods, especially name, surname, delivery address, telephone number and e-mail address.
During Order creation, you can change and check the data until its completion. After checking by pressing the "Order with payment obligation" button, you complete the Order. Before pressing the button, you must also confirm your acquaintance with and agreement to these Terms, otherwise it will not be possible to complete the Order. By sending the order, you confirm agreement with the terms and conditions and personal data protection conditions. After pressing the "Order with payment obligation" button, all filled information will be sent directly to us.
We will confirm your Order as soon as possible after it is delivered to us, by a message sent to your e-mail address specified in the Order. The confirmation will include a summary of the Order and these Terms as an attachment to the e-mail message. The Terms in the wording effective on the date of the Order, i.e., in the wording attached as an attachment to the confirming e-mail message, form an integral part of the Contract. By confirming the Order, a Contract is concluded between us and you.
There may also be cases when we cannot confirm your Order. These are especially situations when the Goods are not available or cases when you order a larger number of pieces of Goods than is allowed on our part. However, we will always provide you with information about the maximum number of Goods in advance within the E-shop and it should not be surprising for you. In case any reason arises for which we cannot confirm the Order, we will contact you and send you an offer to conclude a Contract in a modified form compared to the Order. The Contract is concluded in such case at the moment when you confirm our offer.
In case a clearly erroneous Price is stated in the E-shop or in the Order, we are not obliged to deliver the Goods to you at this Price even if you have received Order confirmation, and thus a Contract has been concluded. In such situation, we will contact you immediately and send you an offer to conclude a new Contract in a modified form compared to the Order. A new Contract is concluded in such case at the moment when you confirm our offer. An obvious error in Price is considered, for example, a situation when the Price does not correspond to the usual price at other sellers or a digit is missing or extra.
In case a Contract is concluded, you have an obligation to pay the Total Price.
In case you have a User Account established, you can make an Order through it. Even in such case, however, you have the obligation to check the correctness, truthfulness and completeness of pre-filled data. The method of Order creation is identical to the case of a buyer without a User Account, but the advantage is that it is not necessary to repeatedly fill in your identification data.
In some cases, we allow the use of a discount for purchasing Goods. To provide the discount, you need to fill in information about this discount in a predetermined field within the Order proposal. If you do so, the Goods will be provided to you with a discount.

4. USER ACCOUNT

Based on your registration within the E-shop, you can access your User Account.
When registering a User Account, it is your obligation to state all entered data correctly and truthfully and to update them in case of changes.
Access to the User Account is secured by username and password. Regarding these access credentials, it is your obligation to maintain confidentiality and not provide this information to anyone. In case of their misuse, we bear no responsibility.
The User Account is personal, and you are therefore not authorized to allow its use by third parties.
We may cancel your User Account, especially in case you do not use it for more than one year, or in case you breach your obligations under the Contract.
The User Account may not be available continuously, especially with regard to necessary maintenance of hardware and software equipment.

5. PRICE AND PAYMENT CONDITIONS, RESERVATION OF TITLE

The Price is always stated within the E-shop, in the Order proposal and of course in the Contract. In case of discrepancy between the Price stated for the Goods within the E-shop and the Price stated in the Order proposal, the Price stated in the Order proposal applies, which will always be identical to the price in the Contract. The Order proposal also states the Shipping Price, or conditions when shipping is free.
The Total Price is stated including VAT including all fees established by law.
We will request payment of the Total Price from you after concluding the Contract and before handing over the Goods. You can make payment of the Total Price in the following ways:
1. Bank transfer. We will send you information for making payment within the Order confirmation. In case of payment by bank transfer, the Total Price is due within 7 days.
2. Online card payment. In such case, payment is processed through the Comgate payment gateway, with payment governed by the conditions of this payment gateway, which are available at: https://www.comgate.cz/smluvni-dokumenty-brana. In case of online card payment, the total price is due within 7 days.
3. Cash on delivery. In such case, payment occurs upon delivery of the Goods against handover of the Goods. In case of cash on delivery payment, the Total Price is due upon receipt of the Goods.
4. Cash upon personal collection. Cash payment is possible when collecting at our premises. In case of cash payment upon personal collection, the Total Price is due upon receipt of the Goods.
The Invoice will be issued in electronic form after payment of the Total Price and will be sent to your e-mail address. The Invoice will also be physically attached to the Goods and available in the User Account.
Ownership rights to the Goods transfer to you only after you pay the Total Price and take over the Goods. In case of payment by bank transfer, the Total Price is paid by crediting to our account, in other cases it is paid at the moment of making the payment.

6. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO THE ITEM

The Goods will be delivered to you no later than within 30 days in the manner of your choice, with the following options available:
1. Personal collection at our premises listed on the contact page;
2. Delivery through DPD transport company;
Goods can only be delivered within the Czech Republic and Slovak Republic.
The delivery time of Goods always depends on its availability and on the chosen method of delivery and payment. The expected delivery time of Goods will be communicated to you in the Order confirmation. The time stated in these Terms is only indicative and may differ from the actual delivery time. In case of personal collection at the premises, we will always inform you about the possibility of collecting the Goods via e-mail.
After receiving the Goods from the carrier, it is your obligation to check the integrity of the Goods packaging and in case of any defects, immediately report this fact to the carrier and to us. In case damage occurred to the packaging that indicates unauthorized manipulation and entry into the shipment, it is not your obligation to accept the Goods from the carrier.
In case you breach your obligation to accept the Goods, except for cases according to Article 4 of the Terms, this does not result in breach of our obligation to deliver the Goods to you. At the same time, your failure to accept the Goods is not withdrawal from the Contract between us and you. However, in such case we have the right to withdraw from the Contract due to your substantial breach of the Contract, or to store the Goods, for which we are entitled to payment from you. If we decide to withdraw from the Contract, the withdrawal is effective on the day we deliver this withdrawal to you. Withdrawal from the Contract does not affect the right to payment of the Shipping Price, or the right to compensation for damage, if it arose.
If the Goods are delivered repeatedly or in a different manner than agreed in the Contract for reasons arising on your side, it is your obligation to reimburse us for costs associated with this repeated delivery. Payment details for paying these costs will be sent to your e-mail address stated in the Contract and are due 14 days from delivery of the e-mail.
The risk of damage to the Goods transfers to you at the moment you accept it. In case you do not accept the Goods, except for cases according to Article 4 of the Terms, the risk of damage to the Goods transfers to you at the moment when you had the opportunity to accept it, but due to reasons on your side, acceptance did not occur. Transfer of risk of damage to the Goods means for you that from this moment you bear all consequences associated with loss, destruction, damage or any depreciation of the Goods.
In case the Goods were not listed as in stock in the E-shop and an indicative availability time was stated, we will always inform you in case of:
1. extraordinary production outage of the Goods, with us always communicating the new expected availability time or information that it will not be possible to deliver the Goods;
2. delay in delivery of Goods from our supplier, with us always communicating the new expected delivery time.

7. RIGHTS FROM DEFECTIVE PERFORMANCE

We guarantee that at the time of transfer of risk of damage to the Goods according to Article 7 of the Terms, the Goods are without defects, especially that the Goods:
1. correspond to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed properties;
2. are suitable for the purpose for which you require them and with which we agree;
3. are delivered with agreed accessories and instructions for use, including assembly or installation manual;
4. are suitable for the purpose for which Goods of this type are usually used;
5. by quantity, quality and other properties, including durability, functionality, compatibility and safety, correspond to usual properties of Goods of the same type that you can reasonably expect, including with regard to public statements made by us or another person in the same contractual chain, especially advertising or labeling;
6. are delivered with accessories, including packaging, assembly manual and other instructions for use, which you can reasonably expect;
7. correspond in quality or design to a sample or template that were provided to you before concluding the contract.
Rights and obligations regarding rights from defective performance are governed by relevant generally binding legal regulations (especially provisions of Sections 2099 to 2117 and 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended).
In case the Goods have a defect, i.e., especially if one of the conditions according to Article 1 is not fulfilled, you can report such defect to us and exercise rights from defective performance (i.e., make a complaint about the Goods) by sending an e-mail or letter to our addresses stated in our identification data, or personally at the address Jaselská 102/29, 74601 Opava. For complaints, you can also use a sample form provided by us, which you can find for download on the Complaints page. In exercising the right from defective performance, you need to choose how you want the defect resolved, and you cannot subsequently change this choice without our consent. We will handle the complaint in accordance with the right from defective performance you have exercised.
If the Goods have a defect, you have the following rights:
1. to remove the defect by delivering new Goods without defects, or by delivering the missing part of the Goods; or
2. to remove the defect by repairing the Goods, unless the chosen method of defect removal would be impossible or disproportionately costly compared to the other method, which is assessed especially with regard to the significance of the defect, the value the Goods would have without the defect, and whether the defect can be removed by the other method without significant difficulties for you.
We are entitled to refuse to remove the defect if it is impossible or disproportionately costly, especially with regard to the significance of the defect and the value the Goods would have without the defect.
Furthermore, you have the right to:
1. a reasonable discount from the Price; or
2. withdrawal from the Contract, if:
  - we refuse to remove the defect or do not remove it in accordance with legal regulations;
  - the defect manifests repeatedly;
  - the defect is a substantial breach of the Contract; or it is obvious from our statement or circumstances that the defect will not be removed in a reasonable time or without significant difficulties for you.
The right to withdraw from the Contract does not apply if the defect of the Goods is insignificant.
In case you caused the defect of the Goods yourself, you are not entitled to rights from defective performance.
Wear of the Goods caused by its usual use or, in case of used Goods, wear corresponding to the extent of its previous use is not considered a defect of the Goods.
When filing a complaint, we will issue you a written confirmation stating:
1. the date when you filed the complaint;
2. what is the content of the complaint;
3. what method of complaint resolution you require;
4. your contact details for providing information about complaint resolution.
Unless we agree on a longer period, within 30 days of receiving the complaint we will remove defects and provide you with information about complaint resolution to the stated contact details. If this period expires without result, you can withdraw from the Contract or demand a reasonable discount.
We will inform you about complaint resolution by e-mail and issue you confirmation of the date and method of complaint resolution. If the complaint is justified, you are entitled to reimbursement of purposefully incurred costs. You are obliged to prove these costs, e.g., with receipts or confirmations of shipping costs. In case the defect was removed by delivering new Goods, it is your obligation to return the original Goods to us, but we pay the costs of this return.
In case you are entrepreneurs, it is your obligation to report and point out defects without undue delay after you could have discovered them, but no later than within three days of accepting the Goods.
In case you are a consumer, you have the right to exercise rights from defective performance for defects that occur in consumer Goods within 24 months from accepting the Goods.

8. WITHDRAWAL FROM CONTRACT

Withdrawal from the Contract, i.e., termination of the contractual relationship between us and you from its beginning, can occur for reasons and in ways stated in this article, or in other provisions of the Terms where the possibility of withdrawal is expressly stated.
In case you are a consumer, i.e., a person purchasing Goods outside the scope of their business activity, you have, in accordance with Section 1829 of the Civil Code, the right to withdraw from the Contract without giving reasons within 14 days from the day of concluding the Contract, or if it concerns purchase of goods, then within fourteen days from its acceptance. In case we concluded a Contract whose subject is several pieces of Goods or delivery of several parts of Goods, this period begins to run on the day of delivery of the last piece or part of Goods, and in case we concluded a Contract based on which we will deliver Goods to you regularly and repeatedly, it begins to run on the day of delivery of the first delivery.
You can withdraw from the Contract in any demonstrable way (especially by sending an e-mail or letter to our addresses stated in our identification data). For withdrawal, you can also use a sample form provided by us, which you can find for download on the Complaints page.
However, even as a consumer, you cannot withdraw from the Contract in cases where the subject of the Contract is performance stated in Section 1837 of the Civil Code.
The withdrawal period according to Article 2 of the Terms is considered preserved if you send us notice during its course that you are withdrawing from the Contract.
In case of withdrawal from the Contract according to Article 2 of the Terms, you are obliged to send us the Goods within 14 days of withdrawal and bear the costs associated with returning the goods to us. You, on the other hand, have the right to have us return the Shipping Price to you, but only in the amount corresponding to the cheapest offered method of delivering the Goods that we offered for delivering the Goods. In case of withdrawal due to us breaching the concluded Contract, we also pay the costs associated with returning the goods to us, but again only up to the amount of the Shipping Price in the amount corresponding to the cheapest offered method of delivering the Goods that we offered when delivering the Goods.
In case of withdrawal from the Contract, the Price will be returned to you within 14 days from the day the withdrawal becomes effective to the account from which it was credited, or to an account chosen by withdrawal from the Contract. However, the amount will not be returned earlier than we receive the Goods, or you prove to us that it was sent back to us. Please return the Goods to us clean, if possible including the original packaging.
In case of withdrawal from the Contract according to Article 2 of the Terms, however, you are liable to us for reduction in value of the Goods that arose as a result of handling this goods differently than is necessary for you to become acquainted with the nature, properties and functionality of the Goods, i.e., in a way you would become acquainted with the Goods in a brick-and-mortar store. In case we have not yet returned the Price to you, we are entitled to offset the claim for costs against your claim for Price return.
We are entitled to withdraw from the Contract anytime before we deliver the Goods to you, if there are objective reasons why it is not possible to deliver the Goods (especially reasons on the side of third parties or reasons consisting in the nature of the Goods), even before the expiry of the time stated in Article 1 of the Terms. We can also withdraw from the Contract if it is obvious that you intentionally provided incorrect information in the Order. In case you purchase goods within your business activity, i.e., as an entrepreneur, we are entitled to withdraw from the Contract anytime, even without giving reasons.

9. DISPUTE RESOLUTION WITH CONSUMERS

We are not bound by any codes of conduct in relation to buyers in the sense of Section 1826 paragraph 1 letter e) of the Civil Code.
We handle consumer complaints through the electronic address ohenvzahrade@email.cz. Information about complaint resolution will be sent to the buyer's electronic address.
The Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Praha 2, Company ID: 000 20 869, internet address: http://www.coi.cz, is competent for out-of-court resolution of consumer disputes from the Contract. The platform for online dispute resolution located at the internet address http://ec.europa.eu/consumers/odr can be used for resolving disputes between the seller and buyer who is a consumer, from a purchase contract concluded by electronic means.
The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Praha 2, internet address: http://www.evropskyspotrebitel.cz is a contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/ES (Regulation on online consumer dispute resolution).

10. FINAL PROVISIONS

If our and your legal relationship contains an international element (i.e., for example, we will send goods outside the territory of the Czech Republic), the relationship will always be governed by Czech law. However, if you are consumers, your rights arising from legal regulations are not affected by this agreement.
We will deliver all written correspondence with you by electronic mail. Our e-mail address is stated in our identification data. We will deliver correspondence to your e-mail address stated in the Contract, in the User Account, or through which you contacted us.
The Contract can only be changed based on our written agreement. However, we are entitled to change and supplement these Terms, but this change will not affect already concluded Contracts, but only Contracts that will be concluded after this change becomes effective. However, we will inform you about the change only if you have a User Account created (so that you have this information in case you order new Goods, but the change does not establish the right of termination, since we do not have a concluded Contract that could be terminated), or we are to deliver Goods to you regularly and repeatedly based on the Contract. We will send information about the change to your e-mail address at least 14 days before this change becomes effective. If we do not receive termination of the concluded Contract for regular and repeated delivery of Goods from you within 14 days of sending information about the change, the new conditions become part of our Contract and will apply to the next delivery of Goods following after the change becomes effective. The notice period in case you give notice is 2 months.
In case of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, supplier outages, etc.), we do not bear responsibility for damage caused as a result of or in connection with cases of force majeure, and if the state of force majeure lasts for a period longer than 10 days, both we and you have the right to withdraw from the Contract.
The appendix to the Terms is a sample form for complaints and a sample form for withdrawal from the Contract.
The Contract including the Terms is archived in electronic form with us, but is not accessible to you. However, you will always receive these Terms and Order confirmation with Order summary by e-mail and will therefore always have access to the Contract even without our cooperation. We recommend always saving the Order confirmation and Terms.
These Terms become effective 4.2023

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