The following General Business Terms and Conditions (“General Business Terms and Conditions”) regulate the relationships of parties to a purchase agreement entered into by and between ESBE s.r.o., Co. Reg. No. 07795491, VAT Reg. No. CZ07795491, with its registered office at 9. května 24/22, CZ-250 92 Šestajovice, registered in the Commercial Register with the Municipal Court in Prague, C, 307312 (“Slehame.com”), and the purchaser (“Purchaser”).
Purchaser is a consumer or an entrepreneur.
Consumer is a private individual acting in a private capacity, entering into an agreement or otherwise dealing with Slehame.com.
Entrepreneur is an individual licensed to get engaged in business on one’s own account and responsibility with an intention to generate profit on a continuous basis. For the purposes of consumer protection, an entrepreneur is (including but not limited to) an individual entering into contracts/agreements relating to the entrepreneur’s business, manufacturing or similar activities or employment; or an individual acting on behalf or on account of an entrepreneur in question. For the purposes hereof, an entrepreneur is an individual acting in compliance with the preceding sentence as part of one’s own business. If completing the registration number in the order, the entrepreneur acknowledge having been bound by the rules stipulated in the General Business Terms and Conditions for Entrepreneurs.
By placing the order, the Purchaser acknowledges having been familiarised with these General Business Terms and Conditions prior to entering into the agreement, namely with the representations and warranties given in Part II hereof, as well as with the Claims Code and Delivery Information constituting an integral part hereof, and explicitly agrees to the same in the wording valid and effective as at the moment of placing the order.
When accepting the goods, the Purchaser is issued an invoice including the basic details of the agreement. The Purchaser will obtain a General Trade Conditions (GTC) copy as an attachment of the order confirmation to the specified e-mail address. An invoice containing essential contract information. The purchaser hereby agrees.
2. PRE-CONTRACTUAL REPRESENTATIONS AND WARRANTIES
ESBE represents and warrants that:
a) The cost of distance communication is subject to no additional fees (ESBE charges no additional fees to the amount charged by the Purchaser’s internet/telephone provider; unlike in case of contractual deliveries).
b) The Purchaser is required to pay the purchase price before accepting the goods from ESBE.
c) The prices for goods and services displayed on the website operated by ESBE are quoted incl. VAT, with all statutory fees, if any. Shipping costs may vary with reference to the selected shipping method, carrier and payment method.
d) Purchasers-consumers can and may withdraw from the agreement (unless otherwise stipulated below) within a period of 14 days commencing on the day of:
i. receiving the goods (purchase agreements);
ii. receiving the last delivery (agreements for the purchase of several types of goods/delivery of several parts); or
iii. receiving the first delivery (ongoing contracts);
and do so in writing either by sending the notice of withdrawal or completing the form available on the website.
e) The consumer cannot withdraw from an agreement for the:
i. delivery of goods adjusted as per the requirements/for the needs of the consumer;
ii. delivery of fast moving consumer goods/goods irreversibly mixed with other goods after delivery;
iii. delivery of goods in a sealed packaging removed by the consumer whereby such goods cannot be returned for sanitary reasons.
f) The costs incurred in association with returning the goods (withdrawn agreements) are borne by the consumer.
g) For enquiries, our contact e-mail address is firstname.lastname@example.org
The Purchaser acknowledges that the goods to be claimed under the warranty are to be delivered to the Czech Republic by the Purchaser.
The Purchaser enters into the agreement by accepting the offer to enter into the agreement as displayed on the website operated by ESBE and in particular by adding the requested product to the cart. The Purchaser can change the products added to the cart as well as the selected shipping and payment method, i.e. check the order details, before placing a firm order. The purchase agreement is entered into upon the moment the Purchaser submits the order and the order in question is received by ESBE whereby ESBE assumes no liability for any mistakes and errors (if any) having occurred during the transfer of data. The Purchaser is informed about the executed agreement in a confirmation e-mail letter sent by ESBE to the e-mail address provided by the Purchaser.
The confirmation e-mail letter is sent along with the ESBE’s General Business Terms and Conditions. Unless stated in the General Business Terms and Conditions otherwise, the executed agreement (incl. agreed price) may be amended or terminated only with the agreement of the parties or in cases stipulated by law.
The executed agreement is archived by ESBE for at least five years from the execution day, no longer than for the period stipulated by relevant law. Archived for the performance purposes, the agreement is not additionally available to other than involved third parties.
Under the purchase agreement, ESBE undertakes to deliver the product to the Purchaser, the Purchaser undertakes to receive the product and pay the purchase price to ESBE.
As ESBE reserves the right of ownership to the product, the Purchaser acquires the title to the product only after the purchase price has been paid in full.
ESBE delivers the product to the Purchaser along with relevant documents.
ESBE delivers the purchased product to the Purchaser in the agreed amount, quality and design.
ESBE guarantees to the Purchaser that the product is free from defects when received by the Purchaser. In particular, ESBE guarantees to the Purchaser that, at the moment the product is received by the Purchaser:
a) The product has the characteristics described by ESBE or the manufacturer or expected by the Purchaser with reference to the nature of the goods.
b) The product can be used for the purposes stated by ESBE or for the purposes for which the product of that kind is usually used.
c) The product is provided in the corresponding quantity, measurement or weight.
d) The product complies with the requirements stipulated by law.
If the product is found faulty within six months after having been received by the Purchaser, the product is deemed to have been faulty already when received by the Purchaser.
Unless stipulated otherwise, the Purchaser may and can claim faulty consumer goods within 24 month after receipt. This does not apply to:
a) discount-related defects;
b) usual wear and tear;
c) defects caused by ordinary use or wear and tear and evident at the moment of receipt by the Purchaser; or
d) cases implied by the nature of the case.
If, however, a best before date is indicated on the product, the warranty period is shortened and terminates on the date indicated on the packaging.
The Consumer acknowledges that if any gifts are received with their order, it is not possible to claim faulty gifts within 24 months of their receipt. The Consumer may and can claim faulty gifts only within 14 days of their receipt. The purchaser or enterpreneur cannot claim faulty gifts.
The warranty period for purchasers-entrepreneurs may be different; the different warranty period, however, applies only if explicitly stated.
Discounted/used products found faulty can and may be subject to a reasonable discount rather than replacement.
3.4 Quality Warranty
In providing the quality warranty, ESBE undertakes that the product in question will be fit for the ordinary purpose or will preserve the ordinary characteristics. The same applies also to the warranty period or best before date indicated on the packaging or advertised. The warranty may as well be arranged with reference to individual component parts of a product.
The warranty period commences on the day the product is delivered to the Purchaser.
The Purchaser cannot claim warranty with reference to a defect caused by outer circumstances after the risk of damage has passed to the Purchaser.
The Purchaser-entrepreneur is not allowed to withdraw from the purchase agreement.
Consumers may and can withdraw from the agreement within a period of 14 days. The period stated in the first sentence commences on the day the agreement is executed, this being the day of receiving the goods (purchase agreements).
Consumers may withdraw from the agreement by completing and submitting the form. Consumers may withdraw from the agreement also by sending a notice of withdrawal to:
9. května 24/22
If withdrawing from the agreement, the consumer is to return to ESBE the goods delivered by ESBE and do so at consumer’s cost without undue delay, no later than within 14 days after withdrawing from the agreement.
The goods are to be returned complete, i.e. along with the delivered accessories and complete documentation, undamaged, clean, in the original packaging (if possible) and in the condition and value in which the goods have been received by the Purchaser.
Agreements withdrawal does not apply for the purchase of consumables (Monin, Illy, etc.).
Consumers deciding to withdraw from the agreement in the given period are recommended by ESBE to send the goods to ESBE’s address along with a cover letter incl. the reason for withdrawal (not necessary), reference number of the proof of purchase and number of bank account so that the case can be addressed without delay.
Consumers are liable to ESBE for any decrease in value of the goods caused by handling the goods other than as required by the nature and characteristics of the goods.
Consumers withdrawing from the agreement are refunded the entire amount paid under the agreement whereby this amount is refunded by ESBE without undue delay, no later than within 14 days following the withdrawal, and with the use of the same method of payment as agreed in the agreement.
Consumers withdrawing from the agreement may be refunded the entire amount paid only after the goods are returned to ESBE.
Consumers acknowledge that if the goods are delivered along with any gifts, ESBE and the Purchaser enter into a contract of donation on the condition that such contract of donation terminates as soon as the consumer enjoys its right and withdraws from the purchase agreement within a period of 14 days whereby the consumer must return the goods in question along with the gifts and everything obtained in relation thereto; if not returned, the same will be considered unjust enrichment. If the profits acquired by unjust enrichment cannot be returned, ESBE may and can claim monetary compensation in the way of substracting ordinary price from the entire amount paid under the agreement.
The terms and conditions for personal data protection are available here.
The prices are contract prices. Prices quoted online in the e-shop are always up to date and valid. Prices quoted for individual products are final, that is, incl. VAT and other taxes and fees, if any, payable by the consumer for a product in question (excl. shipping fees, collection fees and cost of distance communication shown in the shopping cart in the amount depending on the option selected by the Purchaser).
The “original price” refers to the price for which the goods/services in question were originally offered in ESBE’s e-shop or the manufacturer’s suggested retail price.
The Purchaser acknowledges that ESBE and the Purchaser need necessarily not enter into the agreement, especially if the goods are ordered by the Purchaser for a price mistakenly quoted on the website due to the internal ESBE system error of which the Purchaser is informed by ESBE.
ESBE reserves the right to declare the purchase agreement void in case of misused personal data, misused payment card, etc. or with reference to the intervention of an administrative or court authority of which the Purchaser is informed by ESBE. The Purchaser acknowledges that the purchase price cannot be entered into as valid in the aforementioned cases.
The price is stated on the order and in the e-mail message confirming that the order has been placed. Orders can be placed in the e-shop operated by ESBE.
ESBE recommends placing the orders in the e-shop by logging into the Purchaser’s user account registered with ESBE. If using public access, ESBE further recommends logging out after placing the order.
Information about the shipping status and shipping details is included in the e-mail letter sent to the Purchaser after receiving order confirmation e-mail. The shipping period and fees depend on the option selected by the Purchaser in the second step of placing the order.
ESBE accepts the following for methods of payment
a) wire transfer;
b) online card payment
Unless paid in full and received, the goods remain the property of ESBE. The risk of damage passes to the Purchaser upon receipt.
Once the order is placed, the billing details of the Purchaser cannot be edited.
ESBE delivers the goods either in co-operation with a shipping company.
In case of force majeure or IT system disruption, ESBE assumes no liability for late delivery of goods.
Delivery of goods is limited by public holidays in the place of delivery and the Czech Republic.
When receiving the goods from the shipping company, the Purchaser – along with the shipping company representative – is to properly and thoroughly inspect the delivery (namely the number of packages, undamaged sealing tape bearing the company logo and undamaged packaging) as per the enclosed delivery note. The Purchaser may refuse to accept the delivery shipped contrary to the purchase agreement, for instance with reference to incomplete or damaged delivery. If accepting the damaged delivery from the shipping company, the Purchaser is to describe the damage in the delivery note of the shipping company.
Incomplete or damaged deliveries must be immediately reported by e-mail to email@example.com and the damage be described thoroughly in the report on damage executed with the shipping company representatives and sent to ESBE by e-mail without undue delay.
In general, the warranty certificate is replaced by the proof of purchase.
Any disputes arising between ESBE and the Purchaser may be settled out of court through the Alternative Dispute Resolution or Online Dispute Resolution procedure.
The agreement is entered into in the English language.
These General Business Terms and Conditions and parts hereto come into force and effect on 1 May 2021.