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    Terms and conditions

    These general terms and conditions (“Terms”) of Smarthink trade and consulting, s.r.o., 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, email info@elfuegogrills.com, phone number +420 722 904 420, business premises at Rybářská 89, 746 01 Opava (“We” or “Seller”) govern, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (“Civil Code”), the mutual rights and obligations between You, as the buyer, and Us, as the seller, arising in connection with or based on the purchase agreement (“Agreement”) concluded via the E-shop on the website www.elfuegogrills.com.

    All information about the processing of Your personal data is included in the Privacy Policy, which you can find here.

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

    As you surely know, we primarily communicate remotely. Therefore, our Agreement is also concluded using remote communication means, allowing us to agree without our and Your physical presence, and the Agreement is thus concluded remotely in the E-shop environment, via the website interface (“E-shop web interface”).

    If any part of the Terms contradicts what we have agreed upon during Your purchase process on Our E-shop, the specific agreement shall 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 the delivery of the Goods, including the cost of its packaging;
        • Total Price is the sum of the Price and the Shipping Price;
        • VAT is the value-added tax under applicable legal regulations;
        • Invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price;
        • Order is Your binding proposal to conclude a Purchase Agreement for the Goods with Us;
        • User Account is an account created based on Your provided information, allowing the storage of entered data and the history of ordered Goods and concluded Agreements;
        • You are a person shopping on Our E-shop, legally referred to as the buyer;
        • Goods are all items available for purchase on the E-shop.
      2. GENERAL PROVISIONS AND INFORMATION
        • Goods can only be purchased via the E-shop web interface.
        • When purchasing Goods, it is Your responsibility to provide Us with all information correctly and truthfully. The information You provide in the Order will be considered accurate and truthful.
        • On our E-shop, we also provide access to product reviews made by other consumers. We ensure and verify the authenticity of such reviews by linking them to specific orders, so in our internal system, each review is connected to an order ID, allowing us to verify and prove that the review comes from a real consumer.
      3. CONCLUSION OF THE AGREEMENT
        • The Agreement with Us can only be concluded in Czech, Slovak, English, German, Hungarian, Polish and Romanian.
        • The Agreement is concluded remotely via the E-shop, with the costs of using remote communication means covered by You. However, these costs do not differ from the basic rate You pay for using such means (especially internet access), so You do not have to expect any additional charges from Us beyond the Total Price. By submitting the Order, You agree to the use of remote communication means.
        • To conclude the Agreement, You must create an Order on the E-shop. The Order must include the following details:
          1. Information about the purchased Goods (on the E-shop, You indicate the Goods You wish to buy by clicking the “Add to cart” button);
          2. Information about the Price, Shipping Price, payment method for the Total Price, and the desired delivery method for the Goods; these details will be entered while creating the Order in the E-shop user interface, where information about the Price, Shipping Price, and Total Price will be automatically displayed based on the selected Goods, delivery method, and payment method;
          3. Your identification and contact details needed to deliver the Goods, including Your name, surname, delivery address, phone number, and email address.
    • During the Order creation process, you may modify and review the information until the Order is completed. After reviewing, you complete the Order by pressing the “Order with obligation to pay” button. However, before pressing the button, you must confirm that you have read and agree to these Terms; otherwise, the Order cannot be completed. By submitting the Order, you confirm your agreement with the Terms and the Privacy Policy. After pressing the “Order with obligation to pay” button, all entered information will be sent directly to Us.
    • We will confirm your Order as soon as possible after receiving it by sending a message to the email address you provided in the Order. The confirmation will include a summary of the Order and these Terms as an email attachment. The version of the Terms effective on the day of the Order, i.e., the version attached as an email attachment, forms an integral part of the Agreement. The Agreement is concluded upon the confirmation of the Order by Us.
    • There may be cases where we cannot confirm your Order. This applies mainly to situations where the Goods are unavailable or when you order more units of the Goods than we allow. However, we will always inform you of the maximum quantity of Goods in advance on the E-shop, so this should not come as a surprise. If, for any reason, we cannot confirm the Order, we will contact you and send you an offer to conclude the Agreement in a modified form compared to the Order. The Agreement is concluded when you confirm Our offer.
    • If an obviously incorrect Price is stated on the E-shop or in the Order, we are not obliged to deliver the Goods to you at that Price, even if you have received an Order confirmation and the Agreement has been concluded. In such a case, we will contact you without delay and send you an offer to conclude a new Agreement in a modified form compared to the Order. The new Agreement is concluded when you confirm Our offer. An obvious pricing error includes, for example, a situation where the Price does not correspond to the usual price among other sellers or if a digit is missing or added.
    • Once the Agreement is concluded, you are obligated to pay the Total Price.
    • If you have a User Account, you may place an Order through it. However, you are still required to verify the correctness, truthfulness, and completeness of the pre-filled information. The Order creation process remains the same as for a buyer without a User Account, but the advantage is that you do not need to repeatedly enter your identification details.
    • In some cases, we allow the use of a discount when purchasing Goods. To apply the discount, you must enter the relevant discount information in the designated field during the Order creation process. If you do so, the Goods will be provided at the discounted price.
    • USER ACCOUNT
      • Based on your registration on the E-shop, you can access your User Account.
      • When registering a User Account, you must enter all required information correctly and truthfully and update it in case of any changes.
      • Access to the User Account is secured with a username and password. It is your responsibility to keep this information confidential and not share it with anyone. If these credentials are misused, we do not bear any responsibility.
      • The User Account is personal, and you are not permitted to allow third parties to use it.
      • We may cancel your User Account, particularly if you do not use it for more than a year or if you violate your obligations under the Agreement.
      • The User Account may not be available continuously, especially due to necessary maintenance of hardware and software systems.
    • PRICING AND PAYMENT TERMS, RETENTION OF OWNERSHIP
      • The Price is always stated on the E-shop, in the Order proposal, and of course in the Agreement. In case of a discrepancy between the Price listed for the Goods on the E-shop and the Price stated in the Order proposal, the Price stated in the Order proposal shall apply, which will always be identical to the Price in the Agreement. The Order proposal also includes the Shipping Price and the conditions under which shipping is free.
      • The Total Price is stated including VAT and all fees imposed by law.
      • We will require payment of the Total Price from you after the Agreement is concluded and before the Goods are handed over. You can pay the Total Price using the following methods:
        1. Bank transfer. Payment details will be sent to you as part of the Order confirmation. In the case of a bank transfer, the Total Price is due within 7 days.
        2. Online payment by card. In this case, payment is processed through the Comgate payment gateway, and the payment is governed by the terms of this payment gateway, which are available at: https://www.comgate.cz/smluvni-dokumenty-brana.  In the case of online card payment, the Total Price is due within 7 days.
        3. Cash on delivery. In this case, payment is made upon delivery of the Goods in exchange for handing over the Goods. In the case of cash on delivery, the Total Price is due upon receipt of the Goods.
        4. Cash payment upon personal pickup. Cash payment is possible if you pick up the Goods at Our business premises. In the case of cash payment upon personal pickup, the Total Price is due upon receipt of the Goods.
      • An invoice will be issued in electronic form after the Total Price has been paid and sent to your email address. The invoice will also be physically attached to the Goods and available in your User Account.
      • Ownership of the Goods transfers to you only after you have paid the Total Price and taken possession of the Goods. In the case of a bank transfer, the Total Price is considered paid once credited to Our account, and in other cases, it is considered paid at the time of the transaction.
    2. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE
      • The Goods will be delivered to you no later than 30 days using the method of your choice, with the following options available:
        1. Personal pickup at Our business premises as listed on the contact page;
        2. Delivery via shipping company;
      • The Goods can only be delivered within the Czech Republic, Slovakia, Germany, Hungary, Poland and Romania
      • The delivery time of the Goods always depends on its availability and the selected delivery and payment method. The estimated delivery time 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 the case of personal pickup at our premises, we will always inform you by email when the Goods are ready for collection.
      • Upon receiving the Goods from the carrier, it is your responsibility to check the integrity of the packaging and immediately report any defects to the carrier and Us. If there is any damage to the packaging indicating unauthorized tampering or access to the shipment, you are not obligated to accept the Goods from the carrier.
      • If you fail to fulfill your obligation to accept the Goods, except in cases under Article 4 of the Terms, it does not constitute a breach of Our obligation to deliver the Goods to you. However, your failure to accept the Goods does not amount to withdrawal from the Agreement between Us and You. In such a case, We have the right to withdraw from the Agreement due to Your material breach of the Agreement, or alternatively, to store the Goods, for which We are entitled to compensation from You. If We decide to withdraw from the Agreement, the withdrawal takes effect on the day We deliver this notice to You. Withdrawal from the Agreement does not affect Our right to claim payment of the Shipping Price or any claim for damages incurred.
      • If the Goods need to be redelivered or delivered in a different way due to reasons arising on Your part, You are obligated to cover the costs associated with such redelivery. We will send You payment details for these costs to the email address provided in the Agreement, and they are due within 14 days from the delivery of the email.
      • The risk of damage to the Goods transfers to You at the moment You take possession of it. If You fail to take possession of the Goods, except in cases under Article 4 of the Terms, the risk of damage to the Goods transfers to You at the moment when You had the opportunity to take possession of it but failed to do so for reasons on Your side. The transfer of risk of damage to the Goods means that from this moment, You bear all consequences associated with the loss, destruction, damage, or any depreciation of the Goods.
      • If the Goods were not marked as in stock on the E-shop and an estimated availability time was provided, We will always inform You in the following cases:
        1. In the event of an unexpected production outage, in which case We will always inform You of the new expected availability time or notify You that delivery of the Goods is not possible;
        2. In case of a delay in delivery of the Goods from Our supplier, in which case We will always inform You of the new expected delivery time.
    1. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
      • We guarantee that at the time the risk of damage to the Goods passes to you according to Article 7 of the Terms, the Goods are free from defects, particularly 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 which we agree to;
        3. are delivered with the agreed accessories and instructions for use, including installation or assembly instructions;
        4. are suitable for the purpose for which Goods of this type are typically used;
        5. have the quantity, quality, and other characteristics, including durability, functionality, compatibility, and safety, that you can reasonably expect, taking into account public statements made by us or another person in the same contractual chain, particularly in advertising or labeling;
        6. are delivered with accessories, including packaging, assembly instructions, and other instructions for use that you can reasonably expect;
        7. match the quality or design of the sample or model that was provided to you before concluding the Agreement.
      • The rights and obligations regarding defective performance are governed by applicable 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).
      • If the Goods have a defect, meaning that any of the conditions under Article 1 is not met, you may notify Us of such defect and exercise your rights arising from defective performance (i.e., file a complaint about the Goods) by sending an email or letter to Our addresses listed under Our identification details, or in person at Jaselská 102/29, 74601 Opava. You can also use the sample complaint form provided by Us, which you can download on the Complaints page. When exercising your rights arising from defective performance, you must specify how you want the defect to be resolved, and you cannot change this choice without Our consent. We will handle the complaint in accordance with the right you exercised regarding defective performance.
      • If the Goods have a defect, you have the following rights:
        1. to have the defect removed by delivering new Goods without defects or by delivering the missing part of the Goods; or
        2. to have the defect repaired, unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other method, which is assessed mainly based on 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 inconvenience to you.
      • We have the right to refuse to remove the defect if it is impossible or disproportionately expensive, particularly considering the significance of the defect and the value the Goods would have without the defect.
      • You also have the right to:
        1. a reasonable discount on the Price; or
        2. withdrawal from the Agreement if:
          • we refuse to remove the defect or fail to do so in accordance with legal regulations;
          • the defect recurs repeatedly;
          • the defect constitutes a material breach of the Agreement; or it is evident from our statement or the circumstances that the defect will not be removed within a reasonable time or without significant inconvenience to you.
    • The right to withdraw from the Agreement does not apply if the defect in the Goods is insignificant.
    • If you caused the defect in the Goods yourself, you are not entitled to rights arising from defective performance.
    • Wear and tear of the Goods caused by normal use or, in the case of used Goods, wear and tear corresponding to the degree of prior use is not considered a defect.
    • When filing a complaint, we will issue a written confirmation stating:
      1. the date on which you submitted the complaint;
      2. the content of the complaint;
      3. the method of resolving the complaint you request;
      4. your contact details for the purpose of providing information about the resolution of the complaint.
    • Unless we agree on a longer period, we will remove the defects and provide you with information on the resolution of the complaint within 30 days of receiving the complaint. If this period expires without resolution, you may withdraw from the Agreement or request a reasonable discount.
    • We will inform you about the resolution of the complaint via email and provide you with confirmation of the date and method of resolution. If the complaint is justified, you are entitled to reimbursement of reasonable expenses incurred. You must prove these expenses, for example, with receipts or confirmations of shipping costs. If the defect is removed by delivering new Goods, you are obligated to return the original Goods to Us, but we will cover the return shipping costs.
    • If you are a business entity, you are obligated to notify and point out the defect without undue delay after you could have discovered it, but no later than three days after receiving the Goods.
    • If you are a consumer, you have the right to exercise rights arising from defective performance for a defect that occurs in consumer Goods within 24 months of receiving the Goods.
    1. WITHDRAWAL FROM THE AGREEMENT
      • Withdrawal from the Agreement, meaning the termination of the contractual relationship between Us and You from the beginning, may occur for the reasons and in the manner specified in this article or in other provisions of the Terms where the option of withdrawal is explicitly stated.
      • If you are a consumer, meaning a person purchasing Goods outside the scope of their business activity, you have the right under Section 1829 of the Civil Code to withdraw from the Agreement without stating a reason within 14 days from the conclusion of the Agreement, or, in the case of purchasing Goods, within 14 days from its receipt. If we have concluded an Agreement for multiple pieces of Goods or the delivery of multiple parts of Goods, this period begins on the day the last piece or part of the Goods is delivered. If we have concluded an Agreement under which we will deliver Goods to you regularly and repeatedly, the period begins on the day of the first delivery.
      • You may withdraw from the Agreement in any verifiable manner (especially by sending an email or letter to Our addresses listed under Our identification details). You can also use the sample withdrawal form provided by Us, which can be downloaded from the Complaints page.
      • However, even as a consumer, you cannot withdraw from the Agreement in cases where the subject of the Agreement is the performance specified in Section 1837 of the Civil Code.
      • The withdrawal period under Article 2 of the Terms is considered met if you send Us a notice of withdrawal during this period.
      • In the event of withdrawal from the Agreement under Article 2 of the Terms, you are required to return the Goods to Us within 14 days of withdrawal, bearing the costs associated with returning the Goods to Us. However, you are entitled to a refund of the Shipping Price, but only up to the amount corresponding to the cheapest offered delivery method that we provided for delivering the Goods. If you withdraw due to Our breach of the Agreement, we will also cover the costs of returning the Goods to Us, but again, only up to the amount of the Shipping Price corresponding to the cheapest offered delivery method that we provided.
      • In the event of withdrawal from the Agreement, the Price will be refunded to you within 14 days from the effective date of withdrawal to the account from which it was credited, or to an account specified in the withdrawal notice. However, the amount will not be refunded before we receive the Goods or before you provide proof that the Goods have been sent back to Us. Please return the Goods to Us clean, preferably in the original packaging.
      • In the event of withdrawal from the Agreement under Article 2 of the Terms, you are responsible for any reduction in the value of the Goods resulting from handling the Goods in a manner other than necessary to familiarize yourself with their nature, properties, and functionality, i.e., in the same way as you would in a physical store. If we have not yet refunded the Price, we are entitled to offset our claim for costs against your claim for a refund of the Price.
      • We are entitled to withdraw from the Agreement at any time before delivering the Goods to you if there are objective reasons why the Goods cannot be delivered (particularly reasons on the part of third parties or due to the nature of the Goods), even before the period specified in Article 1 of the Terms expires. We may also withdraw from the Agreement if it is evident that you intentionally provided incorrect information in the Order. If you purchase Goods as part of your business activities, meaning as an entrepreneur, we are entitled to withdraw from the Agreement at any time without stating a reason.
    2. RESOLUTION OF DISPUTES WITH CONSUMERS
      • 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.
      • We handle consumer complaints via the email address info@elfuegogrills.com. Information about the resolution of the complaint will be sent to the buyer’s email address.
      • The Czech Trade Inspection Authority, based at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, website: http://www.coi.cz, is responsible for out-of-court resolution of consumer disputes arising from the Agreement. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and a buyer who is a consumer in an Agreement concluded via electronic means.
      • The European Consumer Centre Czech Republic, based at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point under 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 (Online Dispute Resolution Regulation).
    3. FINAL PROVISIONS
      • If Our and Your legal relationship contains an international element (for example, if we ship Goods outside the territory of the Czech Republic), the relationship will always be governed by the laws of the Czech Republic. However, if you are a consumer, this agreement does not affect your rights arising from applicable legal regulations.
      • All written correspondence between Us and You will be delivered via electronic mail. Our email address is listed under Our identification details. We will send correspondence to your email address provided in the Agreement, in the User Account, or the one through which you contacted us.
      • The Agreement may only be amended based on Our written agreement. However, We are entitled to modify and supplement these Terms, but such a change will not affect already concluded Agreements, only those concluded after the change becomes effective. We will inform you of the change only if you have created a User Account (so that you are aware of the change in case you place a new Order; however, this change does not constitute a right of termination, as there is no Agreement in place that could be terminated) or if we are regularly and repeatedly delivering Goods to you under the Agreement. We will send information about the change to your email address at least 14 days before the change takes effect. If we do not receive a termination notice from you within 14 days after sending the change notice regarding an Agreement for regular and repeated deliveries of Goods, the new Terms become part of Our Agreement and will apply to the next delivery of Goods following the effective date of the change. The termination notice period, in case you choose to terminate, is 2 months.
      • In the event of force majeure or unforeseeable events (natural disasters, pandemics, operational failures, subcontractor outages, etc.), we are not liable for any damage caused as a result of or in connection with force majeure. If the force majeure situation lasts for more than 10 days, both We and You have the right to withdraw from the Agreement.
      • An appendix to these Terms includes a sample complaint form and a sample withdrawal form.
      • The Agreement, including the Terms, is archived electronically by Us but is not accessible to You. However, You will always receive these Terms and an Order confirmation summarizing the Order via email, ensuring that you have access to the Agreement without Our assistance. We recommend that you always save the Order confirmation and the Terms.
      • These Terms take effect as of February 2025.