Terms and conditions

GENERAL TERMS AND CONDITIONS FOR THE E-SHOP

These general terms and conditions ("Terms") of Smarthink trade and consulting, s.r.o., with its registered office at Jaselská 102/29, 746 01 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, telephone number +420 722 904 420, business premises at Rybářská 89, 746 01 Opava ("We" or the "Seller"), govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (the "Civil Code"), the mutual rights and obligations between You as the buyer and Us as the Seller arising in connection with or on the basis of a purchase agreement (the "Agreement") concluded through the E-shop at www.elfuegogrills.com.

All information concerning the processing of Your personal data is contained in the Privacy Policy, which is available here.

These Terms form an integral part of the Agreement. The Agreement and the Terms are available in Czech, Slovak, English, German, Hungarian, Polish and Romanian. We may unilaterally amend or supplement these Terms. This does not affect rights and obligations arising while a previous version of the Terms was in effect.

We communicate primarily at a distance. The Agreement is therefore concluded remotely in the E-shop environment by means of the website interface (the "E-shop web interface"), without Our and Your simultaneous physical presence.

If any provision of these Terms conflicts with a specific arrangement agreed during the ordering process in Our E-shop, that specific arrangement shall prevail.

I. DEFINITIONS

1. Price means the amount payable for the Goods;

2. Shipping Price means the amount payable for delivery of the Goods, including packaging costs;

3. Total Price means the sum of the Price and the Shipping Price;

4. VAT means value added tax under applicable legislation;

5. Invoice means a tax document issued in accordance with applicable VAT legislation for the Total Price;

6. Order means Your binding proposal to conclude an Agreement for the purchase of Goods from Us;

7. User Account means an account created on the basis of information provided by You, which allows the entered information and the history of ordered Goods and concluded Agreements to be stored;

8. You means a person purchasing Goods through Our E-shop, legally referred to as the buyer;

9. Goods means all products available for purchase in the E-shop.

II. GENERAL PROVISIONS AND INFORMATION

1. Goods may only be purchased through the E-shop web interface.

2. When purchasing Goods, You must provide Us with complete, correct and truthful information. We will consider the information provided by You in the Order to be correct and truthful.

3. Our E-shop also provides access to reviews of Goods submitted by other consumers. We verify the authenticity of such reviews by linking them to specific orders. In Our internal system, each review is linked to an order ID, enabling Us to verify and demonstrate that the review was submitted by an actual customer.

III. CONCLUSION OF THE AGREEMENT

1. The Agreement may be concluded with Us in Czech, Slovak, English, German, Hungarian, Polish or Romanian.

2. The Agreement is concluded remotely through the E-shop. You bear the costs of using means of distance communication. These costs do not differ from the standard rates charged to You for the use of such means, particularly internet access. We do not charge any additional costs beyond the Total Price for the use of distance communication. By submitting the Order, You agree to the use of means of distance communication.

3. In order to conclude the Agreement, You must create an Order in the E-shop. The Order must contain the following information:

a) information about the Goods You wish to purchase, which You select in the E-shop by clicking the "Add to cart" button or another similarly designated button;

b) information about the Price, Shipping Price, method of payment of the Total Price and requested method of delivery of the Goods; this information will be entered during the creation of the Order in the E-shop user interface, and the Price, Shipping Price and Total Price will be displayed automatically based on the Goods, delivery method and payment method selected by You;

c) Your identification and contact details required for delivery of the Goods, in particular Your first name, surname, delivery address, telephone number and email address.

4. During the creation of the Order, You may review and amend the entered information until the Order is completed. After checking the information, You complete the Order by clicking the "Order with obligation to pay" button. Before clicking this button, You must confirm that You have read and agree to these Terms; otherwise, the Order cannot be completed. By submitting the Order, You also confirm Your agreement with these Terms and the Privacy Policy.

5. We will confirm Your Order as soon as possible after receiving it by sending a message to the email address provided by You in the Order. The confirmation will include a summary of the Order and these Terms as an attachment. The version of the Terms effective on the date of the Order forms an integral part of the Agreement. The Agreement is concluded when We confirm the Order.

6. There may be cases where We cannot confirm Your Order, particularly where the Goods are unavailable or where You order more units of the Goods than We allow. Information about the maximum quantity of Goods will always be provided to You in advance in the E-shop. In such a case, We will contact You and send You an offer to conclude the Agreement in a modified form compared with the Order. The Agreement is concluded when You accept Our offer.

7. If an obviously incorrect Price is displayed in the E-shop or in the Order, We are not obliged to supply the Goods at that Price, even if You have already received confirmation of the Order. In such a case, We will contact You without undue delay and send You an offer to conclude a new Agreement in a modified form compared with the Order. The new Agreement is concluded when You accept Our offer. An obvious pricing error includes, in particular, a Price that clearly does not correspond to the usual price charged by other sellers or a Price containing a missing or additional digit.

8. Once the Agreement is concluded, You are obliged to pay the Total Price.

9. If You have a User Account, You may place an Order through it. You are still required to check the correctness, truthfulness and completeness of all pre-filled information. The Order process is the same as for a buyer without a User Account, except that You do not need to repeatedly enter Your identification details.

10. In certain cases, We allow discounts to be applied to purchases of Goods. To apply a discount, You must enter the relevant discount information in the designated field in the Order.

IV. USER ACCOUNT

1. Following registration in the E-shop, You may access Your User Account.

2. When registering a User Account, You must provide complete, correct and truthful information and update it whenever it changes.

3. Access to the User Account is protected by a username and password. You must keep these access details confidential and must not disclose them to any third party. We are not liable for misuse of the access details.

4. The User Account is personal and You may not allow third parties to use it.

5. We may cancel Your User Account, particularly if You have not used it for more than 1 year or if You breach Your obligations under the Agreement.

6. The User Account may not be available continuously, particularly due to necessary maintenance of hardware and software systems.

V. PRICE AND PAYMENT TERMS, RETENTION OF TITLE

1. The Price is always stated in the E-shop, in the Order proposal and in the Agreement. If there is a discrepancy between the Price displayed for the Goods in the E-shop and the Price stated in the Order proposal, the Price stated in the Order proposal shall apply. The Order proposal also states the Shipping Price and, where applicable, the conditions under which shipping is free of charge.

2. The Total Price includes VAT and all charges required by law.

3. Payment of the Total Price is required after conclusion of the Agreement and before the Goods are handed over. The Total Price may be paid by the following methods:

a) bank transfer; payment details will be sent to You in the Order confirmation. The Total Price is due within 7 days;

b) online payment by card through the Comgate payment gateway. The payment is governed by the terms of the payment gateway available at www.comgate.cz/smluvni-dokumenty-brana. For online card payments, the Total Price is due within 7 days;

c) cash on delivery; the Total Price is due upon receipt of the Goods;

d) cash payment upon personal collection; the Total Price is due upon collection of the Goods at Our business premises.

4. An Invoice will be issued electronically after payment of the Total Price and sent to Your email address. The Invoice will also be physically enclosed with the Goods and available in Your User Account.

5. Title to the Goods passes to You only after the Total Price has been paid and You have taken possession of the Goods. In the case of a bank transfer, the Total Price is considered paid when credited to Our account. In other cases, it is considered paid when payment is made.

VI. DELIVERY OF GOODS AND TRANSFER OF RISK

1. The Goods will be delivered to You no later than within 30 days using the delivery method selected by You. The available options are:

a) personal collection at Our business premises listed on the contact page;

b) delivery by a shipping company.

2. Goods may only be delivered within the Czech Republic, Slovakia, Germany, Hungary, Poland, Romania, Italy, Spain, Croatia and France.

3. The delivery time depends on the availability of the Goods and the selected delivery and payment methods. The estimated delivery time will be stated in the Order confirmation. Any delivery period stated in these Terms is indicative only and may differ from the actual delivery time. In the case of personal collection, We will always inform You by email when the Goods are ready for collection.

4. Upon receiving the Goods from the carrier, You must inspect the packaging for damage and immediately notify the carrier and Us of any defects. If damage to the packaging indicates unauthorised handling or access to the shipment, You are not obliged to accept the Goods from the carrier.

5. If You fail to accept the Goods, except in the circumstances described in the previous paragraph, this does not constitute a breach of Our obligation to deliver the Goods. Your failure to accept the Goods also does not constitute withdrawal from the Agreement. In such a case, We may withdraw from the Agreement due to Your material breach or store the Goods, for which We are entitled to reasonable compensation. If We decide to withdraw from the Agreement, the withdrawal takes effect on the day it is delivered to You. Withdrawal does not affect Our right to payment of the Shipping Price or any claim for damages.

6. If, for reasons on Your part, the Goods must be delivered repeatedly or by a method different from that agreed in the Agreement, You must reimburse Us for the costs associated with such repeated or alternative delivery. Payment details will be sent to Your email address, and the costs are due within 14 days of delivery of the email.

7. The risk of damage to the Goods passes to You when You take possession of the Goods. If You fail to take possession of the Goods for reasons on Your part, the risk passes to You when You had the opportunity to take possession of them.

8. If the Goods were not stated to be in stock in the E-shop and an estimated availability period was provided, We will inform You of any unexpected interruption in production or any delay in delivery from Our supplier. We will always provide You with a new estimated availability or delivery date, or inform You that delivery of the Goods will not be possible.

VII. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

1. We guarantee that, at the time the risk of damage to the Goods passes to You, the Goods are free from defects and in particular that they:

a) correspond to the agreed description, type and quantity, as well as the agreed quality, functionality, compatibility, interoperability and other agreed characteristics;

b) are suitable for the purpose required by You and accepted by Us;

c) are supplied with the agreed accessories and instructions for use, including assembly or installation instructions;

d) are suitable for the purpose for which Goods of the same type are normally used;

e) have the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that You may reasonably expect of Goods of the same type, also taking into account public statements made by Us or another person in the same contractual chain, in particular through advertising or labelling;

f) are supplied with accessories, packaging, assembly instructions and other instructions for use that You may reasonably expect; and

g) correspond in quality or design to the sample or model provided to You before conclusion of the Agreement.

2. Rights and obligations relating to defective performance are governed by applicable legislation, 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.

3. If the Goods are defective, You may notify Us and exercise Your rights arising from defective performance by sending an email or letter to the contact addresses stated in Our identification details, or in person at Jaselská 102/29, 746 01 Opava. You may also use the sample complaint form available on the Complaints and returns page. When making a complaint, You must specify how You wish the defect to be remedied. You may not subsequently change this choice without Our consent. We will process the complaint in accordance with the right exercised by You.

4. If the Goods are defective, You have the right to have the defect remedied:

a) by delivery of new Goods free from defects or by delivery of the missing part of the Goods; or

b) by repair of the Goods,

unless the chosen method is impossible or disproportionately costly compared with the other method. This will be assessed in particular with regard to the significance of the defect, the value the Goods would have without the defect and whether the defect can be remedied by the other method without significant inconvenience to You.

5. We may refuse to remedy a defect if it is impossible or disproportionately costly, particularly with regard to the significance of the defect and the value the Goods would have without the defect.

6. You also have the right to a reasonable discount from the Price or to withdraw from the Agreement if:

a) We refuse to remedy the defect or fail to remedy it in accordance with applicable law;

b) the defect occurs repeatedly;

c) the defect constitutes a material breach of the Agreement; or

d) it is apparent from Our statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to You.

7. You do not have the right to withdraw from the Agreement if the defect is insignificant.

8. If You caused the defect Yourself, You are not entitled to rights arising from defective performance.

9. Normal wear and tear caused by ordinary use of the Goods, or wear and tear corresponding to the previous use of second-hand Goods, does not constitute a defect.

10. When You submit a complaint, We will issue written confirmation stating the date on which the complaint was submitted, its content, the requested method of resolution and Your contact details.

11. Unless We agree on a longer period, We will process the complaint and provide You with information about its resolution within 30 days of receipt. If this period expires without resolution, You may withdraw from the Agreement or request a reasonable discount.

12. We will inform You about the resolution of the complaint by email and issue confirmation of the date and method of resolution. If the complaint is justified, You are entitled to reimbursement of reasonably incurred costs. You must prove such costs, for example by receipts or confirmation of shipping charges. If the defect is remedied by delivery of new Goods, You must return the original Goods to Us, and We will bear the costs of this return.

13. If You are a business customer, You must notify Us of a defect without undue delay after You could have discovered it, but no later than three days after receiving the Goods.

14. If You are a consumer, You may exercise rights arising from defective performance in respect of a defect that appears in consumer Goods within 24 months of receipt of the Goods.

VIII. WITHDRAWAL FROM THE AGREEMENT

1. Withdrawal from the Agreement, which terminates the contractual relationship between Us and You from the outset, may take place for the reasons and in the manner set out in this Article or in other provisions of these Terms.

2. If You are a consumer, meaning a person purchasing Goods outside the scope of Your business activity, You have the right under Section 1829 of the Civil Code to withdraw from the Agreement without giving a reason within 14 days of receiving the Goods. If the Agreement covers several items or several parts of the Goods, the period begins on the day You receive the last item or part. In the case of regular and repeated deliveries, the period begins on the day You receive the first delivery.

3. You may withdraw from the Agreement by any clear and verifiable method, in particular by sending an email or letter to the contact addresses stated in Our identification details. You may also use the sample withdrawal form available on the Complaints and returns page. You may also withdraw online using the function available on the My order page, where the option is labelled "Return products". If You use the online withdrawal function, We will confirm receipt of Your withdrawal statement in text form without undue delay, for example by email, including its content and the date and time it was submitted. Use of the online function is optional and does not restrict Your right to withdraw by another clear and verifiable method.

4. Even as a consumer, You may not withdraw from the Agreement in the cases specified in Section 1837 of the Civil Code.

5. The withdrawal period is preserved if You send Us notice of withdrawal before the period expires.

6. In the event of withdrawal, You must send or hand over the Goods to Us within 14 days of withdrawal and bear the direct costs of returning the Goods. You are entitled to reimbursement of the Shipping Price only up to the amount corresponding to the least expensive delivery method offered by Us. If You withdraw because We breached the Agreement, We will also reimburse the reasonably incurred costs of returning the Goods.

7. We will refund all received payments within 14 days of withdrawal, using the same payment method used by You unless We agree otherwise. We are not obliged to make the refund before We receive the Goods or before You prove that You have sent the Goods back.

8. You are liable to Us for any reduction in the value of the Goods resulting from handling the Goods beyond what is necessary to establish their nature, characteristics and functionality. If We have not yet refunded the Price, We may set off Our claim corresponding to the reduction in the value of the Goods against Your claim for reimbursement of the Price.

9. We may withdraw from the Agreement at any time before delivery of the Goods if there are objective reasons why the Goods cannot be delivered, in particular reasons attributable to third parties or arising from the nature of the Goods. We may also withdraw if it is apparent that You intentionally provided incorrect information in the Order. If You purchase the Goods in the course of Your business activity, We may withdraw from the Agreement at any time without giving a reason.

IX. CONSUMER DISPUTE RESOLUTION

1. We are not bound by any code of conduct in relation to buyers within the meaning of Section 1826(1)(e) of the Civil Code.

2. Consumer complaints are handled through the email address info@elfuegogrills.com. Information about the resolution of the complaint will be sent to the buyer's email address.

3. If a consumer dispute arising from the Agreement cannot be resolved by mutual agreement, the consumer may submit a proposal for out-of-court dispute resolution to the competent body, which is the Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Gorazdova 1969/24, 120 00 Prague 2, email adr@coi.gov.cz, website coi.gov.cz/informace-o-adr/.

X. FINAL PROVISIONS

1. If the legal relationship between Us and You contains an international element, it shall be governed by the laws of the Czech Republic. If You are a consumer, this choice of law does not deprive You of the protection afforded by mandatory provisions of the law that would otherwise apply.

2. Written correspondence between Us and You will be delivered by email. We will send correspondence to the email address provided in the Agreement, in the User Account or used by You to contact Us.

3. The Agreement may only be amended by written agreement between Us and You. We may, however, amend or supplement these Terms. Any amendment will not affect Agreements already concluded and will apply only to Agreements concluded after the amendment takes effect. We will inform You of changes if You have a User Account so that You have up-to-date information before placing another Order; such changes do not create a right to terminate an already completed one-off Agreement. If We supply Goods to You regularly and repeatedly under an Agreement, We will send information about any change at least 14 days before it takes effect. If We do not receive notice of termination from You within 14 days of sending the information about the change, the amended Terms will become part of the Agreement and apply to deliveries following the effective date of the change. The notice period is 2 months.

4. We are not liable for damage caused as a result of or in connection with force majeure or unforeseeable events, including natural disasters, pandemics, operational failures or outages of subcontractors. If a force majeure event continues for more than 10 days, both We and You may withdraw from the Agreement.

5. The Agreement, including these Terms, is archived by Us electronically but is not accessible to You. You will always receive these Terms and the Order confirmation containing a summary of the Order by email and will therefore have access to the Agreement without Our further assistance. We recommend that You save the Order confirmation and these Terms.

6. These Terms take effect on 23 June 2026.