The following terms and conditions apply to all orders placed through our Online Shop by consumers and business customers.
A consumer is any natural person who enters into a legal transaction for purposes which cannot primarily be attributed either to their commercial or to their independent professional activities. A business customer is any natural person, legal entity or legal partnership who or which concludes a
legal transaction in their commercial or professional capacity. If you are a business customers, these terms and conditions also apply to future business relationships,
without the need for repeated reference.
2. Contractual parties and entry into contract
The purchase contract is concluded with BBQ Europe s.r.o.
By placing the products in our Online Shop, we issue a binding offer for the conclusion of a contract on the relevant item. You can initially place our products into your shopping basket without any obligation on your part and then change your selection before sending us your binding order. By clicking the order button, you enter into a contractual agreement with us, thus accepting our offer concerning the goods contained in the shopping basket. As soon as you have sent off your order you will receive further confirmation by email.
A binding contract, however, arises earlier, as follows:
• If you have selected credit card payment, the contract is entered into at the time when the
credit card is charged.
• If you have opted for PayPal as your method of payment, then the contract starts as soon as
you have confirmed your PayPal payment instruction.
The available languages for the conclusion of the contract are Englishand Czech.
We do not store the wording of the contract electronically.
3. Terms of delivery
In addition to the specified product prices, you will also be charged shipping costs. For further details of shipping costs please refer to the relevant offers.
The following methods of payment are available in our shop:
5. Right of cancellation
Consumers are legally entitled to a right of cancellation, as set out in our cancellation policy. Business customers are not granted a voluntary right of cancellation.
6. Reservation of title
Goods continue to be owned by us until complete payment has been made.
For business customers we also reserve ownership of the goods until all payables from an existing business relationship have been settled. You are permitted to resell reserved goods through ordinary business operations, assigning to us, by way of anticipation, all receivables resulting from such resale
transactions – regardless of any combination or mixing of the reserved goods with a new object – amounting to the invoice total, and we hereby accept this assignment. You continue to be entitled to collect receivables, but we are also permitted to collect receivables ourselves if you have failed to meet your payment obligations.
7. Shipping damage
Applicable to consumers: If goods are delivered with obvious shipping damage, we would advise you to report this to the relevant carrier straightaway and then contact us immediately. If you do not report the damage or if you do not contact us, then this does not affect your statutory claims or their possible
enforcement, particularly concerning your warranty rights. However, it does help us in asserting our own claims towards the carrier and/or the relevant transport insurer. Applicable to business customers: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the goods to the forwarding agent, carrier or other person or entity responsible for shipping. Business customers are under a duty to inspect incoming goods and to report defects. If you fail to report a defect, the goods shall be deemed approved, unless the defect was of a kind that could not be identified upon inspection. This does not apply if we have fraudulently concealed a defect.
8. Warranties and guarantees
Unless expressly agreed otherwise below, statutory liability for defects shall be applicable.
For consumers, the limitation period for warranty claims for used items is one year from the date of delivery.
For business customers the limitation period for warranty claims is one year from the transfer of risk. With regard to business customers, only our own details and the product description given by the
manufacturer (as included in the contract) are considered to be valid agreements in respect of the condition of the goods; we assume no liability for public statements made by the manufacturer or any other promotional statements. If an item delivered to a business customer is defective, we may choose, at our discretion, to meet our warranty obligation through the removal of the defect (remedial action) or, instead, to deliver a defect-free
item (replacement delivery). These limitations and shortened time limits do not apply to claims arising from damage caused by
ourselves, our legal representatives or our vicarious agents,
• in cases of injury to life, body or health,
• for intentional or grossly negligent breach of duty and fraudulent intent,
• For a violation of an essential contractual duty whose fulfilment is essential to the proper
execution of the contract and where the other party would regularly rely on its observance
• under a warranty commitment if it has been agreed.