Terms and Conditions
GENERAL TERMS AND CONDITIONS FOR THE ONLINE SHOP
These General Terms and Conditions ("Terms") of Smarthink trade and consulting, s.r.o., with its registered office at Jaselská 102/29, 746 01 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 +420 722 904 420, business premises at Rybářská 89, 746 01 Opava ("We" or the "Seller"), govern, in accordance with 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 the buyer and us as the Seller arising in connection with or on the basis of a purchase agreement (the "Contract") concluded through the online shop on the website www.ohenvzahrade.cz.
All information about the processing of your personal data is contained in the Privacy Policy, which you can find here.
The provisions of these Terms form an integral part of the Contract. The Contract and the Terms may be concluded or provided in Czech, Slovak, English, German, Hungarian, Polish or Romanian. We may unilaterally amend or supplement the wording of the Terms. This does not affect rights and obligations arising while a previous version of the Terms was in effect.
We primarily communicate remotely. Therefore, distance communication means are also used for the conclusion of our Contract, allowing us to reach an agreement without our simultaneous physical presence. The Contract is therefore concluded remotely through the website interface of the online shop (the "Online Shop Interface").
If any part of these Terms conflicts with a specific agreement made between us during your purchase in our online shop, that specific agreement will take precedence over these Terms.
I. DEFINITIONS
1. Price means the amount of money you will pay for the Goods;
2. Shipping Price means the amount of money you will pay for delivery of the Goods, including the cost of packaging;
3. Total Price means the sum of the Price and the Shipping Price;
4. VAT means value added tax under the applicable legal regulations;
5. Invoice means a tax document issued for the Total Price in accordance with the legislation governing value added tax;
6. Order means your binding proposal to conclude a Contract with us for the purchase of the Goods;
7. User Account means an account established on the basis of information provided by you, enabling the storage of the entered information and the history of ordered Goods and concluded Contracts;
8. You means the person purchasing through our online shop, legally referred to as the buyer;
9. Goods means all products that may be purchased through the online shop.
II. GENERAL PROVISIONS AND INFORMATION
1. The Goods may only be purchased through the Online Shop Interface.
2. When purchasing the Goods, you are obliged to provide us with all information correctly and truthfully. We will consider the information provided by you in the Order to be correct and truthful.
3. Our online shop also provides access to reviews of the Goods submitted by other consumers. We ensure and verify the authenticity of such reviews by linking them to specific orders. Our internal system therefore displays the associated order ID for each review, enabling us to verify and demonstrate that the review was submitted by an actual consumer.
III. CONCLUSION OF THE CONTRACT
1. A Contract with us may be concluded in Czech, Slovak, English, German, Hungarian, Polish or Romanian.
2. The Contract is concluded remotely through the online shop. You bear the costs of using distance communication means. However, these costs do not differ from the standard rates you pay for using such means, particularly for internet access. You should therefore not expect any additional costs charged by us beyond the Total Price. By submitting the Order, you agree to the use of distance communication means.
3. In order for us to conclude the Contract, you must create an Order in the online shop. The Order must contain the following information:
a) information about the Goods being purchased, which you select in the online shop using the "Add to cart" button or another button with an equivalent meaning;
b) information about the Price, the Shipping Price, the method of payment of the Total Price and the requested method of delivery of the Goods; this information will be entered while creating the Order in the user environment of the online shop, while the Price, Shipping Price and Total Price will be displayed automatically on the basis of the selected Goods and the chosen delivery and payment methods;
c) your identification and contact details required for delivery of the Goods, in particular your first name, surname, delivery address, telephone number and e-mail address.
4. While creating the Order, you may change and check the entered information until the Order is completed. After checking the information, you complete the Order by pressing the "Order with obligation to pay" button or another button clearly indicating the obligation to pay. Before pressing the button, you must confirm that you have read and agree to these Terms; otherwise, the Order cannot be completed. A checkbox is used for this confirmation. By submitting the Order, you also confirm your agreement to these Terms and the Privacy Policy.
5. We will confirm your Order as soon as possible after receiving it by sending a message to the 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. The version of the Terms effective on the date of the Order forms an integral part of the Contract. The Contract between us and you is concluded when we confirm the Order.
6. There may be cases in which we cannot confirm your Order, particularly if the Goods are unavailable or if you order more units than we allow. Information about the maximum quantity that may be ordered will always be provided in advance in the online shop. In such a case, we will contact you and send you an offer to conclude the Contract in a form modified from the Order. The Contract is concluded when you confirm our offer.
7. If an obviously incorrect Price is stated in the online shop or in the Order, we are not obliged to supply the Goods at that Price, even if you have already received an Order confirmation. In such a case, we will contact you without delay and send you an offer to conclude a new Contract in a form modified from the Order. The new Contract is concluded when you confirm our offer. An obvious pricing error includes, in particular, a situation where the Price differs significantly from the usual price charged by other sellers or where a digit is missing or has been added by mistake.
8. By concluding the Contract, you become obliged to pay the Total Price.
9. If you have a User Account, you may place the Order through that account. Even in such a case, you are obliged to check the correctness, truthfulness and completeness of the pre-filled information. The method of creating the Order is essentially the same as for a buyer without a User Account, except that your identification details do not need to be entered repeatedly.
10. In certain cases, we allow a discount to be applied to the purchase of the Goods. In order to receive the discount, you must enter the relevant discount information in the designated field in the Order.
IV. USER ACCOUNT
1. Following your registration in the online shop, you may access your User Account.
2. When registering the User Account, you are obliged to provide all information correctly and truthfully and to update it if it changes.
3. Access to the User Account is protected by a username and password. You are obliged to keep these access details confidential and not to disclose them to third parties. We are not liable for any misuse of the access details.
4. The User Account is personal. You are not authorised to allow third parties to use it.
5. We may cancel your User Account, particularly if you have not used it for more than one year or if you breach your obligations under the Contract.
6. The User Account may not be available continuously, particularly due to necessary maintenance of hardware and software.
V. PRICE AND PAYMENT TERMS, RESERVATION OF TITLE
1. The Price is always stated in the online shop, in the draft Order and in the Contract. If there is a discrepancy between the Price stated for the Goods in the online shop and the Price stated in the draft Order, the Price stated in the draft Order will apply. The draft Order also states the Shipping Price and, where applicable, the conditions for free delivery.
2. The Total Price is stated inclusive of VAT and all fees required by law.
3. We will require payment of the Total Price after conclusion of the Contract and before handing over the Goods. The Total Price may be paid in the following ways:
a) by bank transfer; the payment details will be sent to you in the Order confirmation. The Total Price is due within 7 days;
b) by online card payment through the Comgate payment gateway. The payment is governed by the payment service provider's terms available at www.comgate.cz/smluvni-dokumenty-brana. For online card payments, the Total Price is due within 7 days;
c) by cash on delivery; the Total Price is due upon receipt of the Goods;
d) in cash upon personal collection; the Total Price is due upon receipt of the Goods at our business premises.
4. The Invoice will be issued electronically after payment of the Total Price and sent to your e-mail address. The Invoice will also be enclosed with the Goods in paper form and will be available in the User Account.
5. Ownership of the Goods passes to you only after you have paid the Total Price and taken possession of the Goods. In the case of payment by bank transfer, the Total Price is deemed paid when it is credited to our bank account; in other cases, when the payment is made.
VI. DELIVERY OF THE GOODS AND TRANSFER OF RISK OF DAMAGE
1. The Goods will be delivered to you no later than within 30 days, using the delivery method selected by you. You may choose from the following options:
a) personal collection at our business premises listed on the contact page;
b) delivery by the DPD transport company.
2. The Goods may only be delivered within the Czech Republic and the Slovak Republic and the England.
3. The delivery time depends on the availability of the Goods and the selected delivery and payment methods. The expected delivery time will be stated in the Order confirmation. The stated delivery time is indicative only and may differ from the actual delivery time. In the case of personal collection, we will inform you by e-mail when the Goods are ready for collection.
4. Upon receiving the Goods from the carrier, you are obliged to check the integrity of the packaging and immediately notify the carrier and us of any damage. If the damage to the packaging indicates unauthorised handling or access to the shipment, you are not obliged to accept the Goods from the carrier.
5. If you breach your obligation to accept the Goods, except in the cases described in the preceding paragraph, this does not constitute a breach of our obligation to deliver the Goods. Your failure to accept the Goods also does not constitute withdrawal from the Contract. In such a case, we are entitled to withdraw from the Contract due to your material breach of the Contract or to store the Goods. We are entitled to customary remuneration for storing the Goods. If we withdraw from the Contract, the withdrawal becomes effective on the day it is delivered to you. Withdrawal from the Contract does not affect our claim for payment of the Shipping Price or any claim for compensation for damage incurred.
6. If the Goods must be delivered repeatedly or in a manner different from that agreed in the Contract for reasons attributable to you, you are obliged to reimburse us for the additional delivery costs. The payment details will be sent to your e-mail address. These costs are due within 14 days after delivery of the e-mail.
7. The risk of damage to the Goods passes to you when you take possession of the Goods. If you do not accept the Goods for reasons attributable to you, the risk of damage passes to you when you had the opportunity to accept the Goods.
8. If the Goods were not listed as in stock in the online shop and an indicative availability period was stated, we will inform you of an extraordinary production interruption or a delay in delivery by our supplier. We will always provide a new expected availability or delivery date, or inform you that the Goods cannot be delivered.
VII. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
1. We guarantee that the Goods are free from defects at the time when the risk of damage passes to you, in particular that the Goods:
a) correspond to the agreed description, type and quantity and to the agreed quality, functionality, compatibility, interoperability and other agreed characteristics;
b) are suitable for the purpose for which you require them and to which we have agreed;
c) are supplied with the agreed accessories and instructions for use, including assembly or installation instructions;
d) are suitable for the purpose for which Goods of that type are normally used;
e) correspond, in terms of quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of Goods of the same type that you may reasonably expect, also taking into account public statements made by us or another person in the same contractual chain, particularly in advertising or labelling;
f) are supplied with accessories, packaging, assembly instructions and other instructions for use that you may reasonably expect; and
g) correspond in quality or workmanship to a sample or model provided to you before conclusion of the Contract.
2. The rights and obligations relating to defective performance are governed by the applicable generally binding legal regulations, in particular Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended.
3. If the Goods are defective, you may notify us and exercise your rights arising from defective performance by sending an e-mail or letter to the addresses stated in our identification details or by submitting the complaint in person at Jaselská 102/29, 746 01 Opava. You may also use the sample form available on the Complaints and returns page. When submitting a complaint, you must specify the remedy you require. You may not subsequently change this choice without our consent. We will handle the complaint in accordance with the right arising from defective performance that you have exercised.
4. If the Goods are defective, you have the right to have the defect remedied:
a) by delivery of new Goods free from defects or by delivery of the missing part of the Goods; or
b) by repair of the Goods,
unless the chosen method of remedy is impossible or disproportionately costly compared with the other method. This will be assessed particularly with regard to the significance of the defect, the value the Goods would have without the defect and whether the defect can be remedied by the other method without significant inconvenience to you.
5. We are entitled to refuse to remedy the defect if doing so is impossible or disproportionately costly, particularly with regard to the significance of the defect and the value the Goods would have without the defect.
6. You are also entitled to a reasonable reduction of the Price or to withdraw from the Contract if:
a) we refuse to remedy the defect or fail to remedy it in accordance with the applicable legal regulations;
b) the defect occurs repeatedly;
c) the defect constitutes a material breach of the Contract; or
d) it is apparent from our statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to you.
7. You are not entitled to withdraw from the Contract if the defect in the Goods is insignificant.
8. If you caused the defect in the Goods yourself, you are not entitled to rights arising from defective performance.
9. Wear and tear caused by normal use of the Goods, or, in the case of used Goods, wear corresponding to the extent of their previous use, does not constitute a defect.
10. When you submit a complaint, we will issue a written confirmation stating the date on which the complaint was submitted, its content, the requested method of resolution and your contact details.
11. Unless we agree on a longer period, we will resolve the complaint and provide you with information about its resolution within 30 days after receiving it. If this period expires without resolution, you may withdraw from the Contract or request a reasonable reduction of the Price.
12. We will inform you of the resolution of the complaint by e-mail and issue a confirmation stating the date and method of resolution. If the complaint is justified, you are entitled to reimbursement of reasonably incurred costs. You must prove these costs, for example by receipts or evidence of shipping costs. If the defect was remedied by delivery of new Goods, you are obliged to return the original Goods to us; we will bear the costs of that return.
13. If you are an entrepreneur, you are obliged to notify and point out the defect without undue delay after you could have discovered it, but no later than three days after taking possession of the Goods.
14. If you are a consumer, you may exercise rights arising from a defect that appears in consumer Goods within 24 months after taking possession of the Goods.
VIII. WITHDRAWAL FROM THE CONTRACT
1. Withdrawal from the Contract, meaning termination of the contractual relationship between us and you from the outset, may occur for the reasons and in the manner stated in this Article or in other provisions of these Terms.
2. If you are a consumer, meaning a person purchasing the Goods outside the scope of your business activity, you have the right under Section 1829 of the Civil Code to withdraw from the Contract without giving a reason within 14 days after taking possession of the Goods. If the Contract concerns several items or parts of the Goods, the period begins on the day you take possession of the last item or part. In the case of regular and repeated delivery of the Goods, the period begins on the day you take possession of the first delivery.
3. You may withdraw from the Contract by any clear and demonstrable statement, in particular by sending an e-mail or letter to the addresses stated in our identification details. You may also use the sample form available on the Complaints and returns page. You may also withdraw from the Contract online using the function available on the My order page, where this option is labelled with the button "Return products". If you use the online withdrawal function, we will confirm receipt of your withdrawal statement without undue delay in text form, for example by e-mail, including the content of the statement and the date and time when it was submitted. Use of the online function is not mandatory and does not restrict your right to withdraw by another clear and demonstrable statement.
4. Even if you are a consumer, you may not withdraw from the Contract in cases where the subject matter of the Contract is a performance listed in Section 1837 of the Civil Code.
5. The withdrawal period is deemed to have been observed if you send us the notice of withdrawal before the period expires.
6. If you withdraw from the Contract, you are obliged to send or hand over the Goods to us within 14 days after withdrawal. You bear the direct costs of returning the Goods. You are entitled to reimbursement of the Shipping Price only in the amount corresponding to the least expensive delivery method offered by us. If you withdraw because we breached the Contract, we will also bear the reasonably incurred costs of returning the Goods.
7. We will refund the funds received from you within 14 days after withdrawal, using the same payment method that you used for the original transaction, unless we agree otherwise. However, we are not obliged to refund the funds before we receive the Goods or before you prove that you have sent the Goods back to us.
8. You are liable to us for any reduction in the value of the Goods resulting from handling the Goods beyond what is necessary to determine their nature, characteristics and functioning. If we have not yet refunded the Price, we are entitled to set off our claim corresponding to the reduction in the value of the Goods against your claim for a refund of the Price.
9. We are entitled to withdraw from the Contract before delivering the Goods if there are objective reasons why the Goods cannot be delivered, particularly reasons attributable to third parties or arising from the nature of the Goods. We may also withdraw from the Contract if it is evident that you deliberately provided incorrect information in the Order. If you purchase the Goods as part of your business activity, we are entitled to withdraw from the Contract at any time, even without giving a reason.
IX. RESOLUTION OF CONSUMER DISPUTES
1. We are not bound by any codes of conduct in relation to buyers within the meaning of Section 1826(1)(e) of the Civil Code.
2. We handle consumer complaints through the e-mail address ohenvzahrade@email.cz. Information about the resolution of the complaint will be sent to the buyer's e-mail address.
3. If a consumer dispute arising from the Contract occurs between us and a consumer and cannot be resolved by mutual agreement, the consumer may submit a proposal for out-of-court resolution of the dispute to the competent entity. The competent entity is the Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Gorazdova 1969/24, 120 00 Prague 2, e-mail adr@coi.gov.cz, website coi.gov.cz/informace-o-adr/.
X. FINAL PROVISIONS
1. If the legal relationship between us and you contains an international element, it will be governed by the law of the Czech Republic. If you are a consumer, this does not affect your rights arising from mandatory legal provisions that apply regardless of the choice of law.
2. Written correspondence between us and you will be delivered by e-mail. We will send correspondence to the e-mail address stated in the Contract or in the User Account, or to the e-mail address from which you contacted us.
3. The Contract may only be amended by a written agreement between us and you. We are, however, entitled to amend or supplement these Terms. An amendment will not affect Contracts already concluded and will apply only to Contracts concluded after the amendment takes effect. If you have a User Account, we will inform you of the amendment so that you have up-to-date information when placing another Order; the amendment itself does not establish a right to terminate a one-off Contract that has already been performed. If we regularly and repeatedly supply Goods to you under the Contract, we will send information about the amendment to your e-mail address at least 14 days before it takes effect. If we do not receive notice of termination from you within 14 days after sending the information about the amendment, the new Terms will become part of the Contract and will apply to deliveries following the effective date of the amendment. The notice period is 2 months.
4. In the event of force majeure or unforeseeable events, particularly natural disasters, pandemics, operational failures or interruptions affecting subcontractors, we are not liable for damage caused as a result of or in connection with force majeure. If the force majeure situation lasts for more than 10 days, both you and we are entitled to withdraw from the Contract.
5. The Contract, including these Terms, is archived by us electronically but is not directly accessible to you. However, you will always receive these Terms and the Order confirmation containing the Order summary by e-mail, and you will therefore have access to the Contract without our further assistance. We recommend that you save the Order confirmation and these Terms.
6. These Terms take effect on 23 June 2026.
