General Terms and Conditions

General Terms and Conditions

I. Basic Provisions

These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Sb., the Civil Code (hereinafter referred to as the "Civil Code").

Luu Company s.r.o. ID No.: 07278748 VAT No.: CZ07278748 with its registered office at: Rokycanská 1064/28, 312 00, Plzeň - Lobzy registered in the Commercial Register maintained by the Regional Court in Plzeň, Section C, Insert 36583 contact details: e-mail: info@grenzemarkt.cz phone: +420 379 793 168 web: www.grenzemarkt.cz (hereinafter referred to as the "Seller")

These Terms and Conditions regulate the mutual rights and obligations of the Seller and a natural person who concludes a purchase agreement outside the scope of their business activities as a consumer, or within the scope of their business activities (hereinafter referred to as the "Buyer") through the web interface located on the website available at the internet address shop.grenzemarkt.cz (hereinafter referred to as the "e-shop").
The provisions of the Terms and Conditions are an integral part of the purchase agreement. Deviating arrangements in the purchase agreement shall take precedence over the provisions of these Terms and Conditions.
These Terms and Conditions and the purchase agreement are concluded in the Czech language.

II. Information about Goods and Prices

Information about the goods, including the prices of individual goods and their main characteristics, is provided for each item in the e-shop catalogue. The prices of goods are listed inclusive of value-added tax, all related fees, and costs for returning the goods if the goods cannot, by their nature, be returned by the usual postal route. The prices of goods remain valid for the period they are displayed in the e-shop. This provision does not preclude the conclusion of a purchase agreement under individually agreed conditions.
All presentations of goods placed in the e-shop catalogue are of an informative nature, and the Seller is not obliged to conclude a purchase agreement regarding these goods. The e-shop publishes information on the costs associated with the packaging and delivery of goods.
The information on the costs associated with the packaging and delivery of goods stated in the e-shop applies only in cases where the goods are delivered within the territory of the Czech Republic.
Any discounts on the purchase price of the goods cannot be combined with each other, unless the Seller and the Buyer agree otherwise.

III. Order and Conclusion of the Purchase Agreement

Costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the purchase agreement (costs of internet connection, costs of telephone calls) shall be borne by the Buyer. These costs do not differ from the basic rate.
The Buyer orders goods in the following ways:

through their customer account, if they have previously registered in the e-shop,
by filling out the order form without registration.

When placing an order, the Buyer selects the goods, the number of items, the method of payment, and delivery.
Before sending the order, the Buyer is allowed to check and change the data they have entered in the order. The Buyer sends the order to the Seller by clicking the SEND ORDER button. The data provided in the order is considered correct by the Seller. A condition for the validity of the order is the completion of all mandatory data in the order form and the Buyer's confirmation that they have familiarized themselves with these Terms and Conditions.
Immediately upon receipt of the order, the Seller shall send the Buyer a confirmation of receipt of the order to the e-mail address that the Buyer provided when ordering. This confirmation is automatic and is not considered the conclusion of the agreement. The current Terms and Conditions of the Seller are attached to the confirmation. The purchase agreement is concluded only upon acceptance of the order by the Seller. The notification of acceptance of the order is delivered to the Buyer's e-mail address. / Immediately upon receipt of the order, the Seller shall send the Buyer a confirmation of receipt of the order to the e-mail address that the Buyer provided when ordering. This confirmation is considered the conclusion of the agreement. The current Terms and Conditions of the Seller are attached to the confirmation. The purchase agreement is concluded by the Seller's confirmation of the order to the Buyer's e-mail address.
In the event that the Seller cannot fulfill any of the requirements specified in the order, they shall send a modified offer to the Buyer's e-mail address. The modified offer is considered a new draft of the purchase agreement, and the purchase agreement is concluded in such a case by the Buyer's confirmation of acceptance of this offer to the Seller at their e-mail address specified in these Terms and Conditions.
All orders accepted by the Seller are binding. The Buyer may cancel an order until the Buyer receives notification of the acceptance of the order by the Seller. The Buyer may cancel an order by telephone to the Seller's phone number or e-mail address specified in these Terms and Conditions.
In the event that there has been an obvious technical error on the part of the Seller in stating the price of the goods in the e-shop or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer at this clearly incorrect price, even if the Buyer has been sent an automatic confirmation of receipt of the order according to these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and send a modified offer to the Buyer's e-mail address. The modified offer is considered a new draft of the purchase agreement, and the purchase agreement is in such a case concluded by a confirmation of acceptance by the Buyer to the Seller's e-mail address.

IV. Customer Account

Based on the Buyer's registration in the e-shop, the Buyer can access their customer account. From their customer account, the Buyer can order goods. The Buyer can also order goods without registration.
When registering for a customer account and when ordering goods, the Buyer is obliged to provide all data correctly and truthfully. The Buyer is obliged to update the data in the user account upon any change. The data provided by the Buyer in the customer account and when ordering goods are considered correct by the Seller.
Access to the customer account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their customer account. The Seller is not liable for any misuse of the customer account by third parties.
The Buyer is not entitled to allow third parties to use the customer account.
The Seller may cancel the user account, especially if the Buyer no longer uses their user account, or if the Buyer breaches their obligations under the purchase agreement or these Terms and Conditions.
The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software equipment, or the necessary maintenance of hardware and software equipment of third parties.

V. Payment Terms and Delivery of Goods

The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase agreement in the following ways:

by cashless transfer to the Seller's bank account No. 2901799664/2010, held with Fio Banka
by cashless payment card,
by cashless transfer to the Seller's account through the payment gateway....,
by cashless transfer via the PlatímPak service
by cash on delivery in cash upon receipt of the goods,
in cash or by payment card upon personal collection at the establishment,
in cash or by payment card upon personal collection at a Zásilkovna pick-up point

Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
In the case of cash payment, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 7 days of the conclusion of the purchase agreement.
In the case of payment through a payment gateway, the Buyer shall follow the instructions of the respective electronic payment provider.
In the case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller's bank account.
The Seller does not require any advance payment or other similar payment from the Buyer in advance. Payment of the purchase price before sending the goods is not an advance payment.
According to the Act on the Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, they are obliged to register the received revenue with the tax administrator online; in case of a technical failure, then within 48 hours at the latest.
The goods are delivered to the Buyer:

to the address specified by the Buyer in the order
through a pick-up point to the address of the pick-up point specified by the Buyer,
by personal collection at the Seller's establishment.

The choice of delivery method is made during the ordering of the goods.
The costs of delivery of the goods depending on the method of dispatch and receipt of the goods are stated in the Buyer's order and in the Seller's order confirmation. In the event that the mode of transport is agreed upon based on a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this mode of transport.
If the Seller is obliged under the purchase agreement to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery. In the event that it is necessary to deliver the goods repeatedly or in a different way than stated in the order for reasons on the part of the Buyer, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.
Upon taking over the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and, in case of any defects, to notify the carrier immediately. In the event of finding a breach of the packaging indicating unauthorized entry into the shipment, the Buyer does not have to accept the shipment from the carrier.
The Seller shall issue a tax document – an invoice – to the Buyer. The tax document is sent to the Buyer's e-mail address.
The Buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but not before taking over the goods. The risk of accidental destruction, damage, or loss of the goods passes to the Buyer at the moment of taking over the goods or at the moment when the Buyer was obliged to take over the goods but failed to do so in breach of the purchase agreement.
The Seller is entitled to adjust its own EUR exchange rate. Prices in EUR may be changed according to the Seller's current exchange rate.

VI. Withdrawal from the Contract

A Buyer who has concluded a purchase agreement outside the scope of their business activities as a consumer has the right to withdraw from the purchase agreement.

The period for withdrawal from the contract is 14 days

from the date of receipt of the goods,
from the date of receipt of the last delivery of goods, if the subject of the contract is several types of goods or the delivery of several parts,
from the date of receipt of the first delivery of goods, if the subject of the contract is regular repeated delivery of goods.

The Buyer may not, inter alia, withdraw from the purchase contract for:

the provision of services, if they have been performed with their prior express consent before the expiry of the withdrawal period and the Seller informed the Buyer before the conclusion of the contract that in such a case they have no right to withdraw from the contract,
the supply of goods or a service whose price depends on fluctuations in the financial market independently of the Seller's will and which may occur during the withdrawal period,
the supply of alcoholic beverages, which may be delivered only after thirty days and whose price depends on fluctuations in the financial market independent of the Seller's will,
the supply of goods that have been customized according to the Buyer's wishes or for their person,
the supply of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery,
the supply of goods in a sealed package which the Buyer has removed from the package and which cannot be returned for hygienic reasons,
the supply of an audio or visual recording or a computer program if they have breached their original packaging,
the supply of newspapers, periodicals, or magazines,
the supply of digital content, if it was not supplied on a tangible medium and was delivered with the prior express consent of the Buyer before the expiry of the withdrawal period and the Seller informed the Buyer before the conclusion of the contract that in such a case they have no right to withdraw from the contract,
in other cases specified in § 1837 of the Civil Code.

To comply with the withdrawal period, the Buyer must send a declaration of withdrawal within the withdrawal period.
To withdraw from the purchase agreement, the Buyer may use the sample withdrawal form provided by the Seller. The Buyer shall send the withdrawal from the purchase agreement to the Seller's e-mail or delivery address specified in these Terms and Conditions. The Seller shall confirm the receipt of the form to the Buyer without delay.
A Buyer who has withdrawn from the contract is obliged to return the goods to the Seller within 14 days of withdrawing from the contract. The Buyer bears the costs associated with returning the goods to the Seller, even if the goods cannot be returned by their nature via the usual postal route.
If the Buyer withdraws from the contract, the Seller shall, without delay, but no later than 14 days from the withdrawal from the contract, return all funds, including delivery costs, received from them, in the same way. The Seller shall return the received funds to the Buyer in another way only if the Buyer agrees and if no additional costs are incurred.
If the Buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller shall refund the cost of delivery of the goods to the Buyer in an amount corresponding to the cheapest offered method of delivery.
If the Buyer withdraws from the purchase agreement, the Seller is not obliged to return the received funds to the Buyer before the Buyer hands over the goods to them or proves that they have sent the goods to the Seller.
The Buyer must return the goods to the Seller undamaged, unworn, and uncontaminated and, if possible, in the original packaging. The Seller is entitled to unilaterally set off the claim for compensation for damage to the goods against the Buyer's claim for a refund of the purchase price.
The Seller is entitled to withdraw from the purchase agreement due to stock depletion, unavailability of goods, or when the manufacturer, importer, or supplier of the goods has discontinued the production or import of the goods. The Seller shall immediately inform the Buyer via the e-mail address specified in the order and shall, within 14 days of the notice of withdrawal from the purchase agreement, return all funds, including delivery costs, received from them under the contract, in the same way, or in a manner determined by the Buyer.

VII. Rights from Defective Performance

The Seller is liable to the Buyer that the goods have no defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer took over the goods:

the goods have the characteristics that the parties have agreed upon, and if there is no agreement, they have such characteristics as the Seller or manufacturer described or which the Buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
the goods are fit for the purpose which the Seller states for their use or for which goods of this kind are usually used,
the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
the goods are in the appropriate quantity, measure, or weight,
and the goods comply with the requirements of legal regulations.

The Seller's obligations from defective performance exist at least to the extent that the manufacturer's obligations from defective performance persist. The Buyer is otherwise entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt.
If the period for which the goods can be used is indicated on the sold goods, on their packaging, in the instructions accompanying the goods, or in advertising in accordance with other legal regulations, the provisions on the quality guarantee shall apply. By providing a quality guarantee, the Seller undertakes that the goods will be fit for their usual purpose or will retain their usual properties for a certain period. If the Buyer has rightfully pointed out a defect in the goods to the Seller, the period for exercising rights from defective performance and the warranty period do not run for the period during which the Buyer cannot use the defective goods.
The provisions stated in the preceding paragraph of the Terms and Conditions shall not apply to goods sold at a lower price for the defect for which the lower price was agreed, to wear and tear of the goods caused by their normal use, to used goods for a defect corresponding to the degree of use or wear and tear the goods had when taken over by the Buyer, or if it arises from the nature of the goods. The Buyer is not entitled to the right from defective performance if they knew before taking over the goods that the goods had a defect, or if the Buyer caused the defect themselves.
In the event of a defect, the Buyer may submit a claim to the Seller and request:

exchange for new goods,
repair of the goods,
a reasonable discount on the purchase price,
withdrawal from the contract.

The Buyer has the right to withdraw from the contract,

if the goods have a substantial defect,
if they cannot use the item properly due to the repeated occurrence of the defect or defects after repair,
in the case of a larger number of defects in the goods.

A substantial breach of contract is one which the breaching party knew or must have known at the time of concluding the contract that the other party would not have concluded the contract if it had foreseen the breach.

For a defect that constitutes a non-substantial breach of contract (regardless of whether the defect is remediable or irremediable), the Buyer is entitled to have the defect removed or to a reasonable discount on the purchase price.

If a remediable defect has occurred repeatedly after repair (usually the third claim for the same defect or the fourth for different defects) or the goods have a larger number of defects (usually at least three defects at the same time), the Buyer has the right to claim a discount on the purchase price, exchange of goods, or withdraw from the contract.

When making a claim, the Buyer is obliged to inform the Seller which right they have chosen. A change of choice without the Seller's consent is possible only if the Buyer requested the repair of a defect that proves to be irremediable. If the Buyer does not choose their right from a substantial breach of contract in time, they have the same rights as in the case of a non-substantial breach of contract.

If repair or exchange of the goods is not possible, the Buyer may, on the basis of withdrawal from the contract, demand a full refund of the purchase price.

If the Seller proves that the Buyer knew about the defect of the goods before taking them over or caused it themselves, the Seller is not obliged to comply with the Buyer's claim.

The Buyer cannot claim a discount on goods for the reason for which the goods are discounted.

The Seller is obliged to accept a claim at any establishment where the acceptance of a claim is possible, or at its registered office or place of business. The Seller is obliged to issue a written confirmation to the Buyer stating when the Buyer exercised the right, what the content of the claim is, and what method of claim settlement the Buyer requires, as well as a confirmation of the date and method of settlement of the claim, including confirmation of the repair and its duration, or a written justification for rejecting the claim. The Seller or an employee authorized by them shall decide on the claim immediately, in complex cases within three working days. This period does not include the time appropriate for the type of product or service required for a professional assessment of the defect. The claim, including the removal of the defect, must be settled without undue delay, no later than 30 days from the date of the claim, unless the Seller and the Buyer agree on a longer period. The fruitless expiry of this period is considered a substantial breach of the contract, and the Buyer has the right to withdraw from the purchase agreement. The moment the claim is made is considered to be the moment when the Buyer's expression of will (exercising the right from defective performance) reaches the Seller. The Seller shall inform the Buyer in writing about the result of the claim. The Buyer is not entitled to the right from defective performance if the Buyer knew before taking over the item that the item had a defect, or if the Buyer caused the defect themselves. In the case of a justified claim, the Buyer has the right to reimbursement of reasonably incurred costs arising in connection with the claim. The Buyer may exercise this right with the Seller within one month after the expiry of the warranty period, otherwise the court may not grant it. The choice of the method of claim is up to the Buyer. The rights and obligations of the contracting parties regarding rights from defective performance are governed by §§ 1914 to 1925, §§ 2099 to 2117, and §§ 2161 to 2174 of the Civil Code and Act No. 634/1992 Sb., on Consumer Protection. Further rights and obligations of the parties related to the Seller's liability for defects are regulated by the Seller's Complaints Procedure.

VIII. Delivery

The contracting parties may deliver all written correspondence to each other via electronic mail. The Buyer delivers correspondence to the Seller at the e-mail address specified in these Terms and Conditions. The Seller delivers correspondence to the Buyer at the e-mail address specified in their customer account or in the order.

IX. Personal Data

All information that the Buyer provides during their cooperation with the Seller is confidential and will be treated as such. Unless the Buyer gives the Seller written permission, the Seller will not use the Buyer's data in any way other than for the purpose of fulfilling the contract, with the exception of the e-mail address to which commercial communications may be sent, as this procedure is permitted by law unless it is explicitly refused. These communications may only relate to similar or related goods and can be unsubscribed from at any time in a simple way (by sending a letter, e-mail, or clicking on a link in the commercial communication). The e-mail address will be kept for this purpose for a period of 3 years from the conclusion of the last contract between the contracting parties. More detailed information on personal data protection can be found in the Privacy Policy.

X. Out-of-Court Settlement of Disputes

The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from the purchase agreement. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer from the purchase agreement. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point pursuant 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/EC (Regulation on consumer ODR). The Seller is entitled to sell goods on the basis of a trade license. Trade licensing control is carried out within its competence by the relevant trade licensing office. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Sb., on Consumer Protection, within a defined scope.

XI. Final Provisions

All arrangements between the Seller and the Buyer are governed by the legal order of the Czech Republic. If the relationship established by the purchase agreement contains an international element, the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the consumer's rights arising from generally binding legal regulations. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of § 1826(1)(e) of the Civil Code. All rights to the Seller's websites, in particular copyright to the content, including page layout, photos, films, graphics, trademarks, logos, and other content and elements, belong to the Seller. It is forbidden to copy, modify, or otherwise use the websites or any part thereof without the Seller's consent. The Seller is not liable for errors resulting from third-party interference with the e-shop or from its use contrary to its intended purpose. The Buyer must not use procedures that could have a negative impact on its operation and must not perform any activity that could allow them or third parties to interfere with or misuse the software or other components of the e-shop and use the e-shop or its parts or software in a manner that would be contrary to its purpose or objective. The Buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765(2) of the Civil Code. The purchase agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible. The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations that arose during the effective period of the previous version of the Terms and Conditions.

These Terms and Conditions shall become effective on 1.4.2020

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