Legal notice

GENERAL TERMS AND CONDITIONS

1. Introductory Provisions
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Grips & More s.r.o., ID: 216 62 371, with its registered office at Na Roudné 443/18, Severní Předměstí, 301 00 Plzeň, registered in the Commercial Register maintained by the Regional Court in Prague under file number C 45330 (hereinafter referred to as the "Company" or "Seller"), regulate, in accordance with the relevant provisions of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contractual parties, i.e., the Company as the seller on one side, and the consumer or entrepreneur as the buyer (hereinafter referred to as the "Buyer") on the other side, arising from the purchase agreement (hereinafter referred to as the "Purchase Agreement") concluded for the purchase of goods on the website http://www.just-grips.cz (hereinafter referred to as the "Website"), where the e-shop operated by the Company is located (hereinafter referred to as the "E-shop").

1.2 These GTC apply to all sales of goods offered by the Seller on the E-shop. By purchasing on the E-shop, the Buyer fully and unconditionally agrees to these GTC and confirms, by ticking the relevant box in the order form, that they have familiarized themselves with these GTC prior to making a purchase on the E-shop.

1.3 For the purposes of these GTC, a consumer is any individual who, outside the scope of their business activity or independent professional practice, enters into a contract with an entrepreneur or otherwise deals with them.

1.4. These GTC also apply in cases where a person intending to purchase goods from the Seller acts as a business entity or within the scope of their independent professional activity when entering into the Purchase Agreement.

1.5. The provisions of these GTC are an integral part of the Purchase Agreement pursuant to Section 1751 of the Civil Code. The Purchase Agreement and these terms and conditions are prepared in the Czech language. The Purchase Agreement can be concluded in the Czech language.

2. Conclusion of the Purchase Agreement
2.1 The Buyer has the option to select one or more products on the E-shop. The Seller reserves the right to change the range of goods offered for sale at any time, particularly due to supplier limitations.

2.2 Before placing an order, the Buyer can review the main characteristics of the products they intend to order. All information regarding the products, including their prices, is provided on the Website.

2.3 The price of each product is listed, including value-added tax and all related fees and similar charges. The price of individual products does not include costs associated with packaging, delivery, and payment of the ordered product. There is no minimum order value for the Buyer.

2.4 The Website also includes information about packaging and delivery costs, as well as the method and time of delivery.

2.5 To order a product, the Buyer places the desired quantity of the product into the electronic shopping cart and fills out the order form, which contains the following information:

1. Identification details of the Buyer – name, surname, billing or delivery address, email address, and phone number.
2. Identification of the goods as per the Seller's offer.
3. The required quantity of the goods.
4. The price of the goods and the delivery method, including delivery costs, which are always specified in the Purchase Agreement and communicated to the Buyer in advance on the Website or another appropriate manner. If these costs cannot be determined in advance, the Buyer will be informed that additional charges may apply.
5. Delivery location.
6. The chosen method of delivery, with available options communicated to the Buyer in advance on the Website or by another suitable means.

2.6 The Buyer must complete the order form truthfully and accurately. The information provided in the order is considered correct by the Seller. If the provided information is inaccurate, the Seller cannot process the order correctly. The order form contains mandatory fields, without which the order cannot be submitted. The Buyer will be notified of this deficiency during the ordering process.

2.7 By properly completing the order form and clicking the "Submit Order and Pay Online" or "Submit Order and Pay on Delivery" (in the case of cash on delivery) button, the Buyer sends the order to the Seller. Once the order is submitted, the Buyer cannot unilaterally cancel or modify it.

2.8 The Seller will immediately send the Buyer an order confirmation to the email address provided in the order.

2.9 The Seller reserves the right to request additional confirmation of the order from the Buyer depending on the nature of the order, particularly concerning the quantity of goods and the purchase price.

2.10 The availability of goods is subject to stock levels, and the Seller does not guarantee the availability of goods. If the order or its part cannot be fulfilled for any reason on the Seller's side, the Buyer will be informed accordingly. Both the Buyer and the Seller acknowledge that the Seller is not the manufacturer of the goods sold but only a distributor. Despite the Seller's best efforts, exceptional situations may arise where the ordered goods, under an already concluded Purchase Agreement, are unavailable. In such cases, the Seller's obligation to deliver the goods to the Buyer becomes impossible, and the Seller's obligation ceases under Section 2006(1) of the Civil Code. In such cases, the Seller will return any payments received from the Buyer, including delivery costs, as per the conditions outlined in Article 5.5 of these GTC.

2.11 The Purchase Agreement between the Seller and the Buyer is concluded when the Seller receives the order submitted via the Website interface in accordance with the Seller's current product offer displayed on the E-shop.

2.12 By submitting an order, the Buyer agrees to conclude the Purchase Agreement through remote communication means. Any costs incurred by the Buyer in connection with the use of remote communication means are borne by the Buyer.

3. Price of Goods and Payment Terms
3.1 The price of the goods is the price listed in the Seller's current offer on the E-shop, valid on the date the Buyer submits their order. The price is agreed upon and paid in Czech crowns unless otherwise agreed by the contractual parties.

3.2 The Buyer is obligated to pay the Seller the purchase price along with costs associated with packaging, delivery, and payment (cash on delivery) (hereinafter referred to as the "Purchase Price") for the order in the agreed amount. The Purchase Price is always communicated to the Buyer in advance within the order form.

3.3 Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined unless explicitly stated otherwise in a specific case.

3.4 The Buyer can pay the Purchase Price using the following methods:

1. Online payment by card;
2. Cash or by credit/debit card (subject to the carrier's capabilities) upon delivery to the address specified by the Buyer in the order.

3.5 The Seller does not require the Buyer to pay an advance or similar payment. This does not affect the Buyer’s obligation to pay the Purchase Price in advance.

3.6 The due date for the Purchase Price is as follows:

• For online card payments, the Purchase Price is due within 60 minutes of concluding the Purchase Agreement.
• For cash on delivery payments, the Purchase Price is due upon receipt of the goods.

3.7 The Purchase Price is considered paid at the moment the payment is completed.

3.8 The Purchase Agreement is concluded with a cancellation condition: if the Buyer fails to pay the full Purchase Price within the specified due date according to these GTC, the Purchase Agreement expires retroactively upon the expiration of the due date. In such a case, the Seller is entitled to demand reimbursement of the costs of unsuccessful delivery from the Buyer. The Seller may offset its claim for reimbursement against any potential claim by the Buyer for a refund of the Purchase Price (e.g., if only partially paid).

4. Delivery Conditions and Receipt of Goods
4.1 The goods are typically delivered through a contractual carrier to either the address specified by the Buyer in the order or a collection point/locker chosen by the Buyer. The contractual carrier is Direct Parcel Distribution CZ s.r.o., ID: 613 29 266, with its registered office at Modletice 135, Říčany u Prahy 251 01, registered in the Commercial Register maintained by the Municipal Court in Prague under file number C 52346 (hereinafter referred to as the "Carrier").

4.2 In the case of delivery to the address selected by the Buyer, the goods are delivered to the location specified in the order. The Buyer may choose a delivery location other than their residence or registered office. In such cases, the Buyer must provide this location and the contact person authorized to receive the goods. This location is then considered the place of payment for the Purchase Price unless paid otherwise.

4.3 The goods are delivered within the Czech Republic or other European Union countries as per the Carrier’s valid price list. The delivery cost of goods outside the Czech Republic will be communicated to the Buyer according to the place of delivery and the Carrier's current price list. The Seller does not deliver goods outside the European Union.

4.4 The moment the goods are handed over to the Buyer by the Carrier at the delivery address or picked up by the Buyer at a collection point/locker is considered the delivery time.

4.5 The Seller will confirm the delivery location and date to the Buyer in the order confirmation. The usual delivery time for goods is 5 to 7 business days. If the goods are not in stock, the delivery time is 30 calendar days. The Buyer will be informed of this delivery period electronically within a reasonable time after concluding the Purchase Agreement. In the event of a delay in delivery by the Seller, the Buyer may withdraw from the Purchase Agreement if the Seller fails to fulfill its obligation within an additional reasonable period granted by the Buyer. Alternatively, the Buyer may withdraw without granting additional time if the Seller has refused to deliver or if delivery within a specific timeframe was essential based on the circumstances of the Purchase Agreement, or the Buyer informed the Seller of such necessity prior to concluding the Purchase Agreement. Should damages arise, the Buyer is entitled to compensation.

4.6 Upon receipt of goods from the Carrier, the Buyer is obligated to check the condition of the packaging and report any defects to the Carrier immediately. If the Buyer finds signs of unauthorized tampering with the package, they may refuse to accept the shipment. This does not affect the Buyer's rights regarding defective goods or other rights arising from general legal regulations.

4.7 The Buyer is required to accept the goods and pay for them. If the Seller is obligated to deliver the goods to the location specified by the Buyer, the Buyer must accept the goods upon delivery. The risk of damage to the goods passes to the Buyer upon receipt. If the Buyer does not accept the goods, except for justified refusal as per these GTC, the risk of damage passes to the Buyer when they had the opportunity to accept the goods but failed to do so due to reasons on their part.

5. Withdrawal from the Purchase Agreement
5.1 The Buyer has the right to withdraw from the Purchase Agreement without stating a reason and without incurring any penalties within fourteen (14) days. The withdrawal period ends fourteen (14) days after the Buyer receives the goods or:

• the last piece of goods, if the Buyer orders multiple items delivered separately;
• the last part of a delivery for goods consisting of several items or parts;
• the first delivery for goods delivered regularly over a specified period.

5.2 The withdrawal period is considered observed if the Buyer sends a notification of their intention to withdraw from the Purchase Agreement during this period. The Buyer may use the standard withdrawal form available on the Website. The notification of withdrawal can be sent to the Seller’s address or email at info@just-grips.cz.

5.3 The Buyer cannot withdraw from the Purchase Agreement in cases stipulated by Section 1837 of the Civil Code, particularly in cases involving:

• goods made according to the Buyer's specifications or adapted to their personal needs;
• goods that are subject to rapid deterioration or goods with a short shelf life, as well as goods that were irreversibly mixed with other items after delivery due to their nature;
• goods delivered in sealed packaging, which cannot be returned after opening for health or hygiene reasons;
• audio or video recordings or computer software delivered in sealed packaging, if the packaging was opened by the Buyer.

5.4 In the event of withdrawal from the Purchase Agreement, the agreement is canceled from the outset. The Buyer must return the goods to the Seller without undue delay, no later than fourteen (14) days from the withdrawal date, unless the Seller has offered to collect the goods themselves. This deadline is considered met if the Buyer sends the goods back before its expiration.

5.5 If the Buyer withdraws from the Purchase Agreement, they bear the costs of returning the goods to the Seller, even if the goods cannot be returned by regular postal service due to their nature. The Seller advises that the return costs for such goods may be high, depending on the nature, size, and weight of the goods. Specific costs will be determined based on the carrier chosen by the Buyer for the return.

5.6 In the event of withdrawal, the Seller will refund all payments received from the Buyer, including delivery costs, within fourteen (14) days from the withdrawal date, using the same payment method unless agreed otherwise. The refund will not occur before the Seller receives the goods or proof that the Buyer has sent them back.

5.7 The Buyer is liable for any reduction in the value of the goods resulting from handling them in a manner other than necessary to ascertain their nature, characteristics, and functionality.

5.8 The Seller reserves the right to withdraw from the Purchase Agreement if an evidently incorrect price of goods or related services is listed (e.g., an obviously incorrect price, a missing digit, or an added digit). In such cases, the Seller will refund any payments made by the Buyer under the terms stated in Article 5.5 of these GTC.

5.9 If a gift is provided to the Buyer with the goods, the gift agreement between the Seller and Buyer is subject to a cancellation condition. Should the Buyer withdraw from the Purchase Agreement, the gift agreement regarding the provided gift becomes void, and the Buyer is required to return the gift to the Seller along with the goods.

6. Rights Arising from Defective Performance
6.1 The rights and obligations of the contractual parties regarding defective performance are governed by the relevant legal regulations, particularly Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174b of the Civil Code, as well as Act No. 634/1992 Coll., on Consumer Protection, as amended (hereinafter referred to as the "Consumer Protection Act").

6.2 The Seller is liable to the Buyer for ensuring that the goods are free from defects upon receipt. In particular, the Seller guarantees that the goods:

• conform to the agreed description, type, quantity, quality, functionality, compatibility, and other agreed properties;
• are suitable for the purpose for which the Buyer requires them, as agreed with the Seller;
• are delivered with the agreed accessories and instructions for use, including assembly or installation instructions.

Additionally, the Seller guarantees that the goods:

• are fit for the purposes for which goods of the same type are typically used, taking into account third-party rights, legal regulations, technical standards, or industry codes of conduct, if no technical standards exist;
• have the quantity, quality, and other features, including durability, functionality, compatibility, and safety, that the Buyer can reasonably expect;
• are supplied with necessary accessories, including packaging, assembly instructions, and other usage guidelines;
• correspond in quality or design to a sample or template provided by the Seller prior to the conclusion of the Purchase Agreement.

6.4 These guarantees do not apply if the Seller specifically informed the Buyer of a deviation before concluding the Purchase Agreement, and the Buyer expressly agreed to it.

6.5 The Seller is also liable for defects caused by improper assembly or installation if performed by the Seller or under their responsibility. This applies even if the assembly or installation was carried out by the Buyer but was defective due to errors in the instructions provided by the Seller or a provider of digital content or services, in the case of goods with digital features.

6.6 The Buyer is not entitled to claim rights arising from defective performance if the defect was caused by the Buyer. A defect is not considered to be normal wear and tear due to ordinary use, nor wear that corresponds to the extent of previous use in the case of used goods.

6.7 If a defect appears within one year of receipt, it is presumed that the goods were defective at the time of receipt unless this is inconsistent with the nature of the goods or defect. This period is suspended for the duration during which the Buyer cannot use the goods due to a legitimate defect complaint.

6.8 The Buyer can claim a defect that manifests within two years from the date of receipt of the goods.

6.9 If the goods have a defect, the Buyer may request its removal. Depending on their preference, the Buyer can request the delivery of a new item without defects or the repair of the existing item unless the chosen method of defect removal is impossible or disproportionately expensive compared to the other. This determination considers the significance of the defect, the value the goods would have without the defect, and whether the defect can be remedied by the alternative method without significant inconvenience to the Buyer. The Seller may refuse to remedy the defect if it is impossible or disproportionately expensive.

6.10 The Seller must remedy the defect within a reasonable time after the claim is made, without causing significant inconvenience to the Buyer, considering the nature of the goods and the purpose for which the Buyer purchased them. The Seller shall bear the costs of returning the goods for defect remediation. If the goods require dismantling due to their nature before the defect manifests, the Seller shall carry out the dismantling and reinstallation of the repaired or new goods at their expense.

6.11 The Buyer may request an appropriate discount or withdraw from the Purchase Agreement if:

• the Seller refuses to remove the defect or fails to do so within a reasonable time;
• the defect recurs;
• the defect constitutes a substantial breach of the Purchase Agreement; or
• it is clear from the Seller's statement or circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the Buyer.

6.12 If the defect is insignificant, the Buyer cannot withdraw from the Purchase Agreement (per Article 6.11 of these GTC). It is presumed that the defect is not insignificant. If the Buyer withdraws from the Purchase Agreement, the Seller will refund the Purchase Price without undue delay after receiving the goods or proof of their return.

6.13 The Buyer may submit a complaint to the Seller using the complaint form available on the Website.

6.14 Upon filing a complaint, the Seller shall issue the Buyer a written confirmation specifying the date of the complaint, its content, the requested resolution, and the Buyer's contact details for providing information about the complaint's resolution.

6.15 The complaint, including defect removal, must be resolved within thirty (30) days from the filing date unless a longer period is agreed upon with the Buyer. If the deadline is not met, the Buyer may withdraw from the Purchase Agreement or request an appropriate discount.

6.16 The Seller shall issue the Buyer a confirmation detailing the date and method of complaint resolution, including confirmation of the repair and its duration or a written justification for complaint rejection. This obligation also applies to any other party designated to perform repairs.

6.17 The Seller or another party may provide the Buyer with a warranty for quality that extends beyond the statutory rights related to defective performance.

7. Personal Data Protection
7.1 The Seller fulfills its information obligations to the Buyer under Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons concerning the processing of personal data (GDPR) related to processing the Buyer's personal data for fulfilling the Purchase Agreement, negotiating the Purchase Agreement, fulfilling legal obligations, and, where applicable, using cookies or sending marketing messages. Details on personal data processing are outlined in a separate document titled "Privacy Policy."

8. Intellectual Property
8.1 The "Just Grips" trademark, along with all related illustrations, images, logos, and content on the Website, is the exclusive property of the Company or the respective intellectual property rights holder.

8.2 Any total or partial reproduction, modification, or use of these trademarks, illustrations, images, or logos, or any other content from the Website for any purpose or on any medium, without prior express and written consent from the Company or the respective rights holder, is prohibited. The same applies to all copyrights, drawings, designs, and patents featured on or used on the Website.

9. Complaints
9.1 Any complaints against the Company may be submitted by the Buyer via email to info@just-grips.cz. Information regarding the resolution of the Buyer's complaint will be sent to the Buyer's email address. The Seller has not established any additional rules for handling complaints.

9.2 The Buyer may also direct their complaint to a supervisory or regulatory authority. The Seller conducts its business (sale of goods) based on a trade license. Trade inspections are carried out by the relevant trade licensing office. Oversight of personal data protection is exercised by the Office for Personal Data Protection. Compliance with the Civil Code and the Consumer Protection Act is supervised by the Czech Trade Inspection Authority.

10. Dispute Resolution
10.1 The legal relationship established by the agreement between the Seller and the Buyer and any disputes arising from it are governed by Czech law. Matters not explicitly regulated by these GTC are governed, in particular, by the Civil Code and the Consumer Protection Act. This does not deprive the Buyer, as a consumer, of the protection granted by the mandatory provisions of the legal system of their country.

10.2 Potential disputes between the Seller and the Buyer, who is a consumer, may also be resolved out of court. In such cases, the consumer may contact the entity responsible for out-of-court resolution of consumer disputes, which is the Czech Trade Inspection Authority, located at Gorazdova 1969/24, 120 00 Prague 2, ID: 000 20 869 (more information is available at https://www.coi.cz/).

10.3 A proposal for initiating out-of-court dispute resolution may only be submitted by the Buyer, who is a consumer, if the dispute could not be resolved directly with the Seller. The proposal must be submitted within one year of the first claim made to the Seller that is the subject of the dispute. The Buyer also has the right to initiate out-of-court dispute resolution online through the designated ODR platform (https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=CS).

10.4 The Seller also informs the Buyer that the European Consumer Centre Czech Republic (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 consumer dispute resolution online.

11. Other Provisions
11.1 The Buyer acknowledges and agrees that they may receive correspondence at the email address provided in their order.

11.2 The Purchase Agreement, including these GTC, is archived by the Seller in electronic form and is not accessible to the Buyer.

11.3 The Seller is not bound by any codes of conduct towards the Buyer in the sense of Section 1820(1)(n) of the Civil Code.

12. Final Provisions
12.1 If any provision of these GTC is or becomes invalid, void, or ineffective, it does not render the rest of the GTC invalid, void, or ineffective if such a provision is separable from the remaining content of the GTC. In such a case, the invalid, void, or ineffective provision shall be replaced by a valid provision that most closely aligns with the content and purpose of the original provision.

12.2 The fact that one party does not demand compliance with any of the obligations specified in these GTC from the other party cannot be interpreted as a waiver of the right to demand compliance with that obligation in the future.

12.3 The Company reserves the right to amend these GTC at any time. The GTC applicable and effective at the time the Buyer submits their order are binding for the Purchase Agreement between the Seller and the Buyer.

12.4 These GTC are valid and effective as of 24 November 2024.