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Terms & Conditions
of S-Garden s.r.o. from 1. 1.2017

Terms and conditions of S-Garden s.r.o. from 1. 1.2017

These terms and conditions apply to the purchase in the eshop www.sgarden.cz, whose operator is S-Garden s.r.o., the conditions specify the rights and obligations of the seller and the buyer.

Definition of Terms

Buyer is a consumer or entrepreneur.

The buying consumer, or customer is a person who, unlike the seller when concluding and performing the contract does not act in the course of his business, nor in the framework of the independent exercise of his profession.

Buyer, who is not a consumer, is an entrepreneur

Offer is a legal act for concluding a contract if it contains essential elements of the contract so that the contract can be concluded by its simple and unconditional acceptance, and if the intention of the petitioner is to be bound by the contract, if the quote is accepted.

It is considered that the proposal to deliver the goods or to provide a service at a specified price made in business activity by advertising, in the catalogue or by the issue of goods is the offer is subjected to exhaustion of stock or loss of ability to perform by the entrepreneur.

Contact Details

Name: S-Garden s.r.o.
Seat: Přemyslova 522/80, 278 01 Kralupy nad Vltavou

ID: 25655701
Registered: At the Municipal Court in Prague, section C, 235215
Phone: +420 315 727 632
E-mail: info@sgarden.cz
Address: Přemyslova 522/80, Kralupy nad Vltavou

 

Information

Information on the goods and prices quoted by the seller shall be binding, except in the case of obvious error. Prices are presented inclusive of all taxes (eg. VAT) and charges, except the cost of delivery of goods.

Information about accepted payment methods is given here. The seller does not require any fees depending on the payment method.

Acceptance of the offer with addendum or deviation is not considered an acceptance of the offer. 

In the selection of goods the buyer can not differ from the offer of the seller. If the buyer orders goods other than those offered by the seller, or goods with different characteristics, the contract does not arise. The seller cannot supply other goods than the buyer has ordered, unless otherwise agreed.

Takeover of unsolicited performance by the buyer does not imply acceptance of the offer.

The purchase agreement is concluded in Czech or English language.

The resulting purchase contract or tax document will be stored in an electronic archive.

Registered users have access to closed contracts after login on the website of the seller.

The contract will be sent to unregistered customers in electronic form on request.

Images of goods are of an illustrative nature and may not correspond to the actual form of the item.

 

Delivery of goods

The seller shall deliver the goods to the buyer complete, no later than 15 days from the confirmation of the order, unless the individual goods indicate a different time for delivery. If the goods are listed as "stock", the seller shall send the goods no later than three working days after the order. The buyer is obliged to take the goods over and pay. The buyer is advised to check the goods as soon as possible after reception

In case of damage to the consignment, the seller advises the buyer to write a damage report with the carrier.

Documents relating to the goods, in particular the tax document and certificates, shall be forwarded by the seller to the buyer immediately upon reception of the goods, in case of a technical problem on the seller's part no later than two days from receiving of the goods by the buyer.

If the buyer so requests, the seller shall specify to him in writing, to what extent and for what period of time the obligations of the defective performance are valid, and how the buyer may redeem the rights from them (reclamation rules)..

Price and delivery method here.

If the buyer is in arrears with the takeover of the goods, the seller is entitled after demonstrably notifies the buyer by an e-mail and give him a new reasonable deadline for reception, to sell the goods in an appropriate manner after the expiration of the new deadline.

The cost of storage and the cost of futile delivery of the goods due to lack of cooperation on the part of the buyer in the necessary amount, the seller is entitled to offset the buyer against the proceeds of the sale.

 

Cancellation of the order and withdrawal from the contract

For contracts concluded in a distance manner, the buyer may withdraw from the contract within 14 days of receiving the goods or the last part of delivery, irrespective of the method of takeover of the goods or the form payment. That time limit is intended for the buyer to familiarize, on a reasonable scale, with the nature, characteristics and functional of the goods.

The buyer is entitled to withdraw from the contract at any time before the goods are delivered.

The buyer withdraws from the contract, by sending a written withdrawal to the seller at the 14-day time limit. The buyer does not need to indicate the reason for which he withdraws from the contract. In order to facilitate communication, it is appropriate to indicate the date of purchase or the number of the contract/sales document, the bank connection and the method of return of the goods in the withdrawal.

Seller is obliged to return the amount fully corresponding to the price of the goods and the costs paid for its delivery within 14 days from the withdrawal, in an agreed way.

If the buyer has opted for the return of goods other than the cheapest method of delivery of the goods offered by the seller, the seller returns to the buyer the cost of delivery of the goods in the amount corresponding to the cheapest offered mode of delivery. At latest 14 days after the withdrawal from the contract, the buyer is obliged to send or transfer the goods to the seller.  The goods should be returned to complete (not cash on delivery), preferably in the original packaging, there must not be signs of wear or damage. The buyer shall bear the cost of returning the goods.

If the returned goods are damaged by an infringement of the buyer's obligations, the seller is entitled to claim against the purchaser of the reduction in value of the goods and to deduct it from the refund.

Exceptions: The right of withdrawal may not be applied to contracts for the supply of goods adjusted according to the consumer's wishes or for his person and for contracts for perishable goods, goods which have been irrevocably blend with other goods, or excluded from the closed packaging and cannot be returned for hygienic reasons. The withdrawal form is available here.

 

Rights and obligations arising from defective performance

Quality at the takeover

If the acquired goods at the time when the buyer took it over, has deficiencies (e.g. does not have agreed or rightfully expected properties, not suitable for the usual or agreed purpose, is not complete, does not correspond to its quantity, rate, weight, or quality does not correspond to any other legal, contractual or even precontractual parameters), it is a defect of the goods for which the seller is responsible.

Buyer may apply to the seller no later than two years from the receipt of the goods according to his claim to a free removal of the defect or for reasonable discount on the price; If the nature of the defect is disproportionate ( in particular, if the defect cannot be eliminated without undue delay), the requirement to the delivery of a new item without defect or of a new component without defect, if the defect concerns only that component, is valid

If repair or exchange of the item is not possible, upon withdrawal from the contract the buyer may request the refund of the purchase price in full.

If the defect occurs within six months of receiving of the goods by the buyer, the item is deemed to have been defective at the time of receipt.

The seller shall not be obliged to meet the consumer's claim if he proves that the buyer knew or caused the defect before taking over of the goods.

For items sold as used the seller is not liable for defects corresponding to the extent of the existing use or wear. For items sold at a lower price the seller is not liable for the defect for which the lower price was negotiated. Instead of the right to exchange, the consumer has the right to a reasonable discount in these cases.

Legal rights from defects

The buyer is entitled to claim the right from a defect that occurs on consumer goods at the time of twenty-four months from receipt.

The entrepreneur is entitled to exercise the right of defect, which the item had in the time transfer of risk of damage to the buyer, even if it was found out later. The right of the buyer to the entrepreneur will also establish a defect later incurred, which the seller caused by a breach of his obligation.

The buyer is obliged to report the defect to the seller without undue delay after having been able to ascertain it at a timely inspection and sufficient care.

Within this period, the buyer is entitled to claim a complaint and, at his choice, to require for a defect that implies a material breach of the contract (irrespective of whether the defect is removable or indelible):

  • removal of the defect by supplying a new item without defect or by supplying the missing item;
  • free removal of the defect by repair;
  • a reasonable discount on the purchase price,
  • return of the purchase price based on withdrawal from the contract

Material is a breach of a contract which the infringing party already knew when concluding the contract or had to know that the other party would not have concluded the contract if it had foreseen the breach.

In the case of a defect which means a non-material breach of the contract (regardless of the defect is removable or indelible), the buyer is entitled to the removal of the defect or reasonable discount on the purchase price.

If the removable defect occurred after repair repeatedly (third complaint for the same defect or fourth for different defects) or the goods have a greater number of defects (at least three defects at the same time), the buyer may exercise the right to a discount on the purchase price, the exchange of goods or withdraw from the contract.

The seller is not liable for defects resulting from normal wear and tear or failure to follow instruction for use.     

 

Complaint handling

The buyer is obliged to claim the complaint with the seller or the person designated for repair without undue delay from finding a defect. If he does so in writing or electronically, he should provide his contact details, a description of the defect and a request for the manner of the claim.            

Forms to download:

Claim and complaint sheet

At the time of notification about the defect, or without undue delay after notification about the defect, the buyer is obliged to tell the seller which method of handling the claim he chose.

Change of choice without the consent of the seller is possible only if the buyer has asked to repair for a defect that proves to be unrecoverable.

Unless the buyer elects his right from a material breach of the contract on time, he has rights as for a non-material breach of the contract.

The buyer is obliged to prove the purchase of goods (preferably by a purchase receipt). The deadline for dispatching the complaint runs from the transfer/delivery of the goods to the seller or to the place intended for repair. The goods should be packaged in a suitable container in order to avoid damaging them, it should be clean and complete.  

The seller is obliged without delay, at the latest within three working days, to decide on the complaint, or to have the decision if a professional assessment is required. Information on the necessity of a professional assessment by the buyer within this period shall be communicated.

A complaint to the buyer of the consumer, including removal of the defect, the seller shall arrange without undue delay, at the latest within 30 days of its application, unless the buyer has agreed in writing for to longer period. Upon expiry of this period, the buyer shall have the same rights as if it were a material breach of the contract.   

If the seller refuses to remove the defect of the case, the buyer may demand a reasonable discount from the price or withdraw from the contract.

Warranty period is extended by the time after the claim has been made, or until the buyer has been obliged to collect the goods.

Seller undertakes to inform about the complaint process to the buyer by e-mail message or by SMS.

The buyer is entitled to reimbursement of reasonably incurred costs if the complaint was deemed justified.

 

Privacy policy

The buyer agrees that the personal data provided by the seller shall be processed and stored in accordance with the Data Protection Act (No. 101/2000 Coll.) for the purpose of fulfilling the subject matter of the contract. The buyer has the right to be informed of what information the seller records and is entitled to change these data or to make a written disagreement with their processing. Supervision of personal data protection is exercised by the Office for Personal data security.

The buyer may inform the seller that he wishes to terminate the sending of commercial communications to the e-mail address obtained in connection with the performance of the contract.

 

Dispute resolution

Disputes between the seller and the buyer are dealt with by the general courts.

Buyer, who is a consumer, has, pursuant to Act No. 634/1992 Coll., on Consumer Protection, as amended, the right to out-of-court settlement of a consumer dispute from a purchase contract or a service contract. The Czech trade inspection is a body which is entitled to out-of-court resolution of the dispute. More information is available on the website www.coi.cz.

Out-of-court resolution of the consumer dispute is initiated solely on the consumer's suggestion, and only if the dispute failed to resolve directly with the seller. The proposal may be submitted not later than 1 year from the date on which the consumer has exercised his or her right of dispute with the seller for the first time.

The buyer has the right to initiate out-of-court dispute resolution online via the ODR platform available on the web site ec.europa.eu/consumers/odr/.

The buyer may also fill a request for advice regarding his consumer rights on DTest, O.P.S. www.dtest.cz/poradna phone: 299 149 009.

The seller agrees to seek priority for out-of-court dispute resolution with the buyer if the buyer does not reject it. An out-of-court settlement can also be made via the VašeStížnosti.cz service on the Web site www.vasestiznosti.cz.  

This procedure is not a mediation pursuant to Act No. 202/2012 Coll., on Mediation, as amended, or by arbitration pursuant to Act No. 216/1994 Coll., on Arbitration and enforcement of Arbitration awards, as amended, and its use is without prejudice to the right of the parties to apply to the Czech commercial inspection or to the court.

For the duration of the negotiations on out-of-court settlement of the dispute do not run or start to run the limitation periods under the Civil Code until one of the parties to the dispute expressly refuses to continue the negotiations.  

Supervision of compliance with obligations under Act No. 634/1992 Coll., on Consumer Protection, as amended, is carried out by the Czech commercial inspection (www.coi.cz).

Others

Electronic record of sales (EET)

According to the act on records of sales, the seller is obliged to issue a receipt to the buyer and at the same time is obliged to register the received sales with the tax administrator online; In case of technical failure, then no later than 48 hours.

Advance payment

In case there are special goods for the buyer or goods that are not in stock, or the quantity of goods that is not customary, advance payment may be required by the seller. The seller undertakes to inform the buyer immediately of the advance payment requirement.

Gifts

If the use of the right of the consumer to withdraw from the contract of sale, the buyer is obliged to return, together with the returned goods, the associated gifts, including all that enriched him in the contract. If no return is made by the buyer, these values will be understood as unreasonable enrichment. If the return of unjust enrichment is not well possible, the seller has the right to a refund of the normal price.

Information and advice

All oral and written data about suitability and possibility of using the supplied goods are communicated to the best of the seller's knowledge. However, they represent only the values of experience and information acquired by the seller himself, from the manufacturer or his supplier.

Complaints

Complaints and comments of the buyer relating to the contractual relationship between the seller and the buyer are handled by the seller in accordance with the applicable regulations, where complaints and comments may be claimed by the customer in any seller's store or Use the line of wishes and complaints on Phone + 420 315 727 632 or e-mail address: praniastiznosti@s-garden.cz. If the complaint is with the content of claims of goods, this complaint will be handled as a claim in accordance with the applicable law.

Electrical waste

The seller ensures the return of electrical equipment, batteries and accumulators in accordance with the applicable laws and regulations. The customer is entitled to cast the old EEE when purchasing a new similar EEE or batteries or accumulators in any seller's store.

Written communication

In the case of service of documents between the parties, the address of the seller and the address of the buyer specified in the order shall be deemed to be the delivery address.

Written communication between the seller and the buyer entrepreneur can be done through the data box.

Other matters not mentioned herein are governed by the Civil Code (No. 89/2012 Coll.), by the Consumer Protection Act (No. 634/1992 Coll.) and by other legislation, as amended by later legislation.

Contract and related issues are governed by Czech law.

Changes to the terms and conditions in non-mutually agreed written form are excluded.

These terms and conditions are effective as of 1 January 2017.