Terms and Conditions
Terms and Conditions for the e-commerce store
The mutual rights and obligations of the User and the Operator, especially the rights and obligations arising from the Purchase Agreement, are governed by these terms and conditions (hereinafter referred to as the “Terms and Conditions”).
- Definitions
1.1 In these Terms and Conditions:
1.1.1 “E-commerce store“ means a computer program – an internet application available on the Internet through the address www.bestgrowmart.com, whose main functionality is the display, selection, and ordering of goods by the User;
1.1.2 “Purchase Agreement” refers to a purchase agreement under the provisions of Section 2079 et seq. of the Civil Code, concluded between the Operator as the seller and the User as the buyer via the E-shop;
1.1.3 “Shopping Cart” refers to a part of the E-commerce store automatically generated by the activation of relevant functions by the User within the user interface of the E-commerce, specifically by adding or removing Goods and/or changing the quantity of selected Goods;
1.1.4 “Civil Code” means Act No. 89/2012 Coll., Civil Code, as amended;
1.1.5 “Operator” means the company 420 Searching World, s.r.o., ID No.: 11825049, with its registered office at Pražákova 1008/69, 639 00 Brno;
1.1.6 “Access Credentials” means a unique login name and the corresponding password entered by the User into the E-commerce database during Registration;
1.1.7 “Registration” means the electronic registration of the User into the E-commerce database by filling out at least the mandatory registration details in the E-commerce’s user interface and saving them to the E-commerce database;
1.1.8 “Consumer” means a User – an individual who, outside the scope of their business or profession, enters into a Contract with the Operator or otherwise interacts with the Operator;
1.1.9 “User” refers to any legal or natural person using the E-commerce store;
1.1.10 “User Account” refers to a part of the E-commerce store created uniquely for each User upon Registration and accessible after entering the Access Credentials;
1.1.11 “Goods” refers to items offered for sale by the Operator to the User via the E-commerce store, and where applicable, the license to use such items. - Information for Consumers Before Entering Into a Contract
2.1 Regarding the price of Goods, transportation costs, and other charges:
2.1.1 Prices of goods, services, and licensed content offered on the website are shown both inclusive and exclusive of VAT, including all fees prescribed by law. Delivery costs vary depending on the selected method, transportation provider, and payment method. The agreed price does not include payments, fees, or other charges for services provided by third parties related to the payment of the agreed price; such costs are borne solely by the User.
2.1.2 In the event of withdrawal from the contract, the Consumer bears the costs associated with returning the Goods. If the contract was concluded via distance communication, the Consumer also bears the cost of returning the Goods if they cannot be returned in the usual postal manner.
2.2 Regarding withdrawal from the contract:
2.2.1 Under Section 1829 (1) of the Civil Code, the Consumer has the right to withdraw from the Purchase Agreement within fourteen (14) days of receiving the Goods. If the Purchase Agreement involves several types of Goods or parts, this period begins upon receipt of the last delivery. Notice of withdrawal must be sent to the Operator within this period.
2.2.2 The notice of withdrawal should be sent at the Consumer’s expense to the Operator’s address at Račianska 153/A 830 03 Bratislava.
2.2.3 The Consumer is required to return the Goods to the Operator without undue delay, no later than 14 days from the date of withdrawal. The deadline is met if the Goods are sent to the Operator by the last day of the period.
2.2.4 The Consumer cannot withdraw from contracts under Section 1837 of the Civil Code in cases such as:
a) Services performed with prior explicit consent before the withdrawal period ends,
b) Goods or services whose price depends on market fluctuations,
c) Perishable goods or goods irreversibly mixed with other items,
d) Sealed goods unsealed by the Consumer and unsuitable for return for hygienic reasons.
2.2.5 The Consumer is obligated to pay a proportional part of the price in the event of withdrawal from a contract for services whose performance has already commenced.
2.2.6 If the Consumer withdraws from the Purchase Agreement, they are required to provide their bank account number in writing for the return of the purchase price of the Goods, which may be reduced if there are lawful grounds for such a reduction.
2.2.7 If the Consumer withdraws from the Purchase Agreement concerning Goods that are returned to the Operator in a damaged and/or worn condition, particularly if the original markings of the Goods (e.g., tags, labels, etc.) have been removed, the Consumer is obligated to reimburse the Operator for the costs of restoring the Goods to their original state.
2.2.8 A withdrawal form for the Purchase Agreement can be downloaded at the following link: https://bestgrowmart.com/wp-content/uploads/2022/09/Odstoupeni-vzor.pdf.
2.3 The Consumer is liable to the Operator for any reduction in the value of the Goods caused by handling them in a manner other than what is necessary to become familiar with the nature, properties, and functionality of the Goods.
2.4 The Operator utilizes the option of out-of-court resolution of consumer complaints. In the event of a complaint, Consumers may contact the Operator’s representative free of charge via the email address info@bestgrowmart.com. Complaints can also be directed to a supervisory or regulatory authority. The Czech Trade Inspection Authority handles out-of-court consumer complaints in accordance with the relevant legal provisions. - Contract Conclusion Process
3.1 Through the E-commerce store, the Operator offers Users the opportunity to purchase Goods by providing the designation of the Goods, detailed information about their properties, the price of the Goods including value-added tax and all associated fees, delivery costs, and, where applicable, the cost of returning the Goods if the nature of the Goods prevents their return through standard postal services.
3.2 To order Goods, the User places the selected Goods into the Shopping Cart of the E-commerce store by clicking the “Add to Cart” button, the cart icon, or a button with a similar meaning. The User then fills out the order form, which primarily contains information about:
3.2.1 The ordered Goods;
3.2.2 The method of payment for the purchase price;
3.2.3 The method of delivery, including information about associated costs. This order form is hereinafter referred to as the “Order.”
3.3 Before submitting the Order, the User is entitled to check and modify the content and details provided.
3.4 The User undertakes to provide truthful and complete information in the relevant text fields in the User Account or the Order, particularly their email address, phone number, identification details, and, where applicable, delivery address. The User acknowledges that the Operator will reasonably consider the information provided by the User to be correct and complete and is not obligated to verify the accuracy of the submitted information.
3.5 The User submits the order to the Operator by clicking on the button labeled ‘Complete Order’ or ‘Submit Order’ or on a button with a similar meaning.
3.6 Upon receiving the Order, the Operator promptly confirms receipt via email to the address provided in the User Account or Order.
3.7 The Operator may request additional confirmation of the Order from the User.
3.8 The purchase agreement between the Operator and the User is concluded upon the delivery of the acceptance of the Order (proposal for concluding the contract), which is sent to the User in accordance with section 3.6 of these Terms and Conditions.
3.9 The User agrees to the use of remote communication means when concluding the purchase agreement. The costs incurred in connection with the conclusion of the purchase agreement are to be borne by the User, and these costs are no different from the basic rate.
3.10 The presentation of Goods on the E-commerce store is for informational purposes only, and the Operator is not obligated to conclude a contract regarding these Goods. - Purchase agreement
4.1 Upon the conclusion of the Purchase Agreement, the following terms apply:
4.1.1 The User purchases Goods from the Operator that the User selected in the e-shop interface by adding them to the Shopping Cart, in the quantity that the User chose and/or set for the respective Goods in the E-commerce store interface, and the User undertakes to pay the Operator the price indicated for such Goods in the E-commerce store interface.
4.1.2 The Operator has the right to withdraw from the Purchase Agreement at any time before the Goods are dispatched to the User, for any reason or without stating a reason. Withdrawal from the Purchase Agreement also includes a legal act by the Operator consisting of notifying the User that the ordered Goods cannot be delivered.
4.1.3 The method of packaging the Goods is determined exclusively by the Operator; the provisions of Section 2097 of the Civil Code are hereby excluded.
4.1.4 The User is obliged to pay the Operator the costs associated with the packaging and delivery of the goods to the User, in the amount specified for the respective Order in the user interface of the Portal.
4.1.5 The User has the right to choose from the options displayed to the User in the E-commerce store interface the method of payment for the purchase price of the Goods and, where applicable, other monetary obligations to the Operator.
4.1.6 If a specific payment method includes information about the costs associated with executing such a payment, the User is obligated to bear those costs, as indicated for the respective payment in the E-commerce store interface.
4.1.7 In the case of a cashless payment by bank transfer, the User is required to provide the variable symbol specified by the Operator.
4.1.8 In the case of a cashless payment, the User’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Operator’s bank account.
4.1.9 The Operator has the right to grant the User a discount on the price of the Goods. Discounts on the price of the Goods may be combined unless explicitly stated otherwise.
4.1.10 The purchase price of the Goods does not include any payments, fees, or other charges that the User must incur for services provided by third parties in connection with the payment of the purchase price for the Goods; such costs are solely the User’s responsibility.
4.1.11 The Operator reserves the right of ownership to the Goods that are the subject of the Purchase Agreement until the full purchase price for the respective Goods is paid by the User.
4.1.12 The Operator agrees to deliver the Goods to the User within a reasonable time after the conclusion of the Purchase Agreement. All delivery deadlines for the Goods indicated in the E-commerce store interface are for informational purposes only.
4.1.13 The Operator will always send the User a tax document – invoice in electronic form to the email address provided by the User during the order in the E-commerce store interface.
4.1.14 If a gift is provided to the User along with the Goods by the Operator, the gift agreement between the User and the Operator is concluded with a suspensive condition that, in the event of the termination of the Purchase Agreement (e.g., due to withdrawal from the Purchase Agreement), the gift agreement will be terminated retroactively from the beginning along with the Purchase Agreement, and the User is obliged to return the provided gift along with the Goods to the Operator.
4.1.15 The Operator provides the User with a warranty on the Goods if the warranty period is specified for the respective Goods in the E-commerce store interface, for the duration of the specified warranty period, and this warranty applies only to Consumers.
4.1.16 The User is entitled to exercise the right of withdrawal from the contract and the rights arising from defective performance with the Operator at the address of its registered office or place of business. The moment of exercising the complaint is considered to be the moment when the Operator receives the Goods being complained about from the User.
4.1.17 If it is stated in the E-commerce store interface that the respective Goods are used, the User purchases the Goods in their used condition, including any stated defects of such Goods.
4.1.18 The risk of loss, damage, and/or destruction of the Goods that are the subject of the Purchase Agreement passes to the User, who is a Consumer, at the moment the User takes possession of the respective Goods.
4.1.19 The risk of loss, damage, and/or destruction of the Goods that are the subject of the Agreement passes to the User, who is not a Consumer, at the moment the User takes possession of the respective Goods. - User account
5.1 The User has the right to create a User account by registering.
5.2 The User is required to enter access credentials before entering the User account.
5.3 The identification data of the User provided during registration are considered to be the data entered during the order of each Goods made by the User after logging into their User account.
5.4 The User must not provide access credentials or any other access to the User account to third parties. The User is obligated to take all reasonable measures to keep them confidential. The User is fully responsible for the unauthorized use of these access credentials or the User account and for any damage caused to the Operator or third parties as a result. In case of loss, theft, or any other breach of the right to use these credentials, the User must immediately inform the Operator of this fact. The Operator will provide the User with new access credentials within a reasonable time.
5.5 In the case of User Registration, the conditions of Section 1752, paragraph 1 of the Civil Code are met, and the Operator is entitled to unilaterally amend these Terms and Conditions; the change will be communicated to the User through the E-shop and/or by email to the email address provided by the User in the E-shop database. The User has the right to reject the changes to the Terms and Conditions within 5 days of the first login to the User account after the announcement of the change (if delivered through the E-shop) or from the delivery of the email to the User’s inbox (if delivered by email), and has the obligation to terminate the agreement within a 5-day notice period, which the parties mutually agree is sufficient to obtain similar services from another provider. - Claims procedure
6.1 The Operator is responsible to the Consumer that the Goods are free from defects at the time of delivery.
6.2 If the Goods contain defects, the Consumer has the right to request the delivery of new Goods free of defects, unless this is unreasonable due to the nature of the defect. However, if the defect concerns only a part of the Goods, the Consumer may only request the replacement of that part; if this is not possible, the Consumer has the right to withdraw from the Purchase Agreement.
6.3 The Consumer also has the right to request the delivery of new Goods or the replacement of a part in the case of a removable defect if the Goods cannot be properly used due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the Consumer has the right to withdraw from the Purchase Agreement.
6.4 If the Consumer does not withdraw from the Purchase Agreement or does not exercise the right to request the delivery of new Goods free of defects, the replacement of a part, or the repair of the Goods, they may request a reasonable discount. The Consumer is also entitled to a reasonable discount if the Operator is unable to deliver new Goods free of defects, replace a part, or repair the Goods, as well as if the Operator does not remedy the situation within a reasonable time or if remedying the situation would cause significant difficulty to the Consumer.
6.5 The Consumer is not entitled to rights arising from defective performance if, before taking possession of the Goods, the Consumer knew that the Goods had a defect, or if the Consumer caused the defect themselves.
6.6 The Operator’s liability for defects in the Goods does not apply to wear and tear of the Goods caused by their normal use, to defects in Goods sold at a lower purchase price for which the lower price was agreed, to defects in used Goods corresponding to the level of use or wear the Goods had at the time of delivery to the Consumer, or if it arises from the nature of the Goods.
6.7 If a warranty is provided for the Goods, the Consumer has the right to exercise the liability for defective performance within the warranty period.
6.8 Upon the Consumer’s request, the Operator is obliged to provide the Consumer with a warranty certificate. If the nature of the Goods allows, it is sufficient to issue a proof of purchase of the Goods instead of the warranty certificate, containing the information that must be included in a warranty certificate. The warranty certificate must include the name and surname, company name or business name, company identification number (IČO), and the registered office of the Operator.
6.9 If the Consumer exercises their right to have the defects of the Goods repaired by a business other than the Operator, where the entrepreneur designated for warranty repairs is located in the same place as the Operator or in a location closer to the Consumer, the Consumer may exercise the right to warranty repair with this entrepreneur.
6.10 A complaint regarding the Goods, including the removal of defects of the Goods, must be resolved without undue delay, no later than 30 days from the date the complaint is filed, unless the Operator and the Consumer agree on a longer period. After this period, the Consumer has the same rights as if it were a material breach of the Agreement
6.11 The deadline for resolving the complaint is suspended if the Operator has not received all the documents necessary for processing the complaint, and this suspension lasts until the required documents are provided.
6.12 After properly resolving the complaint, the Operator or an authorized entity will request the Consumer to take delivery of the repaired Goods.
6.13 The right to exercise claims for defects in the Goods expires in the case of improper assembly or improper commissioning of the Goods, as well as in the case of improper handling of the Goods, i.e., especially when using the Goods in conditions that do not match the parameters specified in the documentation for the Goods. - Protection of personal data
7.1 The Operator is legally obligated to protect and secure the provided personal data. Therefore, the Operator uses various effective security technologies to ensure that personal data is protected against unauthorized access or use. 7.2 Information and details about the cardholder are not shared with third parties.
7.3 More detailed information about the protection of personal data can be found in the Privacy Policy here: https://bestgrowmart.com/zasady-ochrany-osobnich-udaju/ - E-commerce store use
8.1 The Operator hereby grants the User a non-exclusive license to use the E-commerce store in the manner provided for by these Terms and Conditions.
8.2 The Operator has the right to change the E-commerce store, including its technical solution and/or user interface.
8.3 The Operator has the right to limit or interrupt the functionality of the E-commerce store or access to it for the period necessary for maintenance or repair of the E-commerce store, or for any other reason on the part of the Operator or a third party.
8.4 The User is obliged to comply with the applicable and effective legal regulations of the Czech Republic and the European Community when using the E-commerce store. The User is obliged to fully compensate for any damage that may arise to the Operator or third parties as a result.
8.5 In the event of a violation of these Terms and Conditions, the Purchase Agreement, or applicable and effective legal regulations, the Operator has the right to cancel the User’s account. - Operator’s declaration
9.1 The Operator declares that the records of data in the E-commerce store, as an electronic system, are reliable, are made systematically and sequentially, and are protected against alterations.
9.2 Due to a technical error in the E-commerce store, the displayed purchase price of the Goods may grossly differ from the usual market price for such Goods; in such a case, the Operator is not obligated to deliver the Goods at the displayed purchase price, will contact the User, and inform them of the actual purchase price of the Goods. The User has the right to decide whether to accept the Goods at the actual purchase price, and if they do not, the Purchase Agreement is considered void from the beginning.
9.3 The User acknowledges that the photographs of the Goods in the E-commerce store may be illustrative or may create a misleading impression due to their conversion to the User’s device display. Therefore, the User is obliged to always familiarize themselves with the full description of the Goods and, in case of any uncertainties, contact the Operator.
9.4 The contact details of the Operator for communication with the User are provided in the user interface of the E-shop in the section https://bestgrowmart.com/kontakt/. - Electronic sales registration
10.1 According to the Sales Registration Act, the seller is required to issue a receipt to the buyer and simultaneously register the received payment with the tax administrator online; in case of a technical failure, the registration must be completed within 48 hours. Information and details about the cardholder are not shared with third parties.
10.2 The invoice containing the required details and the receipt according to Act No. 112/2016 Coll., on Sales Registration, will be provided to the User in the form of a link to download these documents or as an email attachment. The buyer agrees to this.
10.3 More information is available on the following website: http://www.etrzby.cz/cs/zakladni-informace-pro-zakazniky. - Applicable Law
11.1 These Terms and Conditions, as well as the Purchase Agreement, are governed by the legal order of the Czech Republic, particularly the Civil Code. - Effectiveness of the these terms and conditions
12.1 These Terms and Conditions come into effect on 03.09.2022.