These general terms and conditions (“Terms”) of Grig Distribuce s.r.o., with its registered office at Svatopluka Čecha 2672/100, Královo Pole, 612 00 Brno, ID No. 09361103, registered in the Commercial Register under No. C 118646/KSBR kept at the Regional Court in Brno, e-mail info@grigfood.com, telephone number +420 732 854 316 (“We” or “Seller”) regulate in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll, Civil Code, as amended (the “Civil Code”), the mutual rights and obligations of You, as buyers, and Us, as sellers, arising in connection with or based on the purchase contract (the “Contract”) concluded through the E-shop on the website www.grigfood.com.
All information about the processing of your personal data is contained in the Personal Data Processing Policy, which can be found under the following link: Personal Data Processing Policy.
The provisions of these Terms and Conditions are an integral part of the Agreement. The Agreement and the Terms and Conditions are in the English language. We may unilaterally change or amend the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.
As you know, we primarily communicate remotely. Therefore, our Contract is also subject to the use of means of distance communication that allow us to agree with each other without the simultaneous physical presence of Us and You, and the Contract is thus concluded remotely in the E-shop environment, through the interface of the website (“E-shop web interface”).
If any part of the Terms contradicts what We have mutually agreed as part of the process of Your purchase on Our E-Shop, that particular agreement will prevail over the Terms.
1) SOME DEFINITIONS
1.1 Price means the amount of money You will pay for the Goods;
1.2 The Shipping Price is the amount of money You will pay for the delivery of the Goods, including the cost of packing them;
1.3 The Total Price is the sum of the Price and the Shipping Charge;
1.4 VAT is value added tax in accordance with applicable law;
1.5 Invoice means a tax document issued in accordance with the Value Added Tax Act in respect of the Total Price;
1.6 Order means Your irrevocable proposal to enter into a Contract for the purchase of Goods with Us;
1.7 User Account means an account set up on the basis of the information provided by You, which allows the storage of the data entered and the retention of the history of Goods ordered and Contracts entered into;
1.8 You are the person shopping on Our E-shop, legally referred to as the buyer;
1.9 Goods are anything you may purchase on the E-Shop.
2) GENERAL PROVISIONS AND CONDITIONS
2.1 The purchase of Goods is only possible through the web interface of the E-shop.
2.2 When purchasing Goods, it is Your obligation to provide Us with all information correctly and truthfully. We will therefore consider the information You have provided to Us when ordering the Goods to be correct and truthful.
2.3 You may find reviews from Our customers on Our sales channels or social media.
2.3.1 Both registered and non-registered customers have the opportunity to review the products they have purchased on our e-shop. We do not edit store ratings or reviews for individual products and display all verified positive and negative reviews except those that contain profanity or otherwise directly threaten good manners.
2.3.2 We do not check or verify the origin of published reviews, including reviews posted on Heureka.cz, Zboží.cz and Google search. Exceptions are reviews in the “Store reviews” section, which we verify by direct communication with the customer.
2.3.3 The overall star rating is calculated as an average of all reviews for a given product.
2.3.4 Reviews awarded before 06.01.2023 are not verified. It is currently impossible for us to verify hundreds of reviews retrospectively due to capacity reasons.
3) CONCLUSION OF THE CONTRACT
3.1 The Contract with Us may only be concluded in the English language.
3.2 The contract is concluded remotely via the E-shop, with the costs of using remote means of communication being borne by You. However, these costs do not differ in any way from the basic rate you pay for the use of these means (i.e. in particular for access to the Internet), so you do not have to expect any additional costs charged by Us beyond the Total Price. By submitting an Order, You agree to Our use of remote communication facilities.
3.3 In order for Us to enter into the Contract, You must create a draft Order on the E-Shop. This proposal must include the following information:
3.3.1 Information about the Goods you are purchasing (on the E-shop you indicate the Goods you are interested in purchasing by clicking on the “Add to Cart” button);
3.3.2 Information about the Price, Shipping Charge, method of payment of the Total Price and the desired method of delivery of the Goods; this information will be entered as part of the creation of the Order proposal within the user interface of the E-shop, whereby the information about the Price, Shipping Charge and Total Price will be provided automatically based on the Goods you have selected and their delivery method;
3.3.3 Your identification and contact details used to enable us to deliver the Goods, in particular your name, surname, delivery address, telephone number and email address;
3.4 During the process of drafting the Order, it may change and check the data until the Order is created. After checking by pressing the “Submit Order” button, you will create the Order. By pressing the button you confirm your acknowledgement and acceptance of these Terms. After pressing the “Submit Order” button, all completed information will be sent directly to us.
3.5 We will confirm Your Order to You as soon as possible after it is received by Us by a message sent to Your email address provided in the Order. The confirmation will include a summary of the Order and these Terms and Conditions. Confirmation of the Order by Us shall constitute the conclusion of the Contract between Us and You. The Terms as in force on the date of the Order form an integral part of the Contract.
3.6 There may be occasions when We are unable to confirm an Order to You. This includes situations where the Goods are not available or where You order more Goods than We are able to supply. However, we will always provide you with information about the maximum number of Goods in advance within the E-shop and it should not be surprising to you. In the event that there is any reason why we cannot confirm an Order, we will contact you and send you an offer to enter into a Contract in a form amended from the Order. In such a case, the Contract will be concluded at the time You confirm Our offer.
3.7 In the event that an obviously incorrect Price is quoted within the E-shop or in the Order proposal, We shall not be obliged to supply the Goods to You at that Price even if You have received confirmation of the Order and therefore the Contract has been concluded. In such a situation, we will contact you immediately and send you an offer to enter into a new Contract in an amended form compared to the Order. The new Contract is then concluded when You confirm Our offer. In the event that You do not confirm Our offer even within 3 days of sending it, We shall be entitled to withdraw from the concluded Contract. An obvious error in the Price is considered to be, for example, a situation where the Price does not correspond to the usual price at other retailers or a missing or missing digit.
3.8 In the event that a Contract is concluded, You shall be obliged to pay the Total Price.
3.9 If you have set up a User Account, you may place an Order through it. However, even in this case, you are obliged to check the accuracy, truthfulness and completeness of the pre-filled data. However, the method of creating an Order is the same as in the case of a buyer without a User Account, but the advantage is that you do not need to fill in your identification data repeatedly.
3.10 In some cases we allow you to take advantage of a discount on the purchase of Goods. In order for the discount to be granted, you must fill in the details of the discount in the predetermined field within the Order proposal. If you do so, the Goods will be provided to you at a discount.
4) USER ACCOUNT
4.1 You may access your User Account by virtue of your registration on the E-shop.
4.2 When registering for a User Account, it is your responsibility to provide all the details you enter correctly and truthfully and to update them if they change.
4.3 Access to the User Account is secured by a username and password. It is Your responsibility to maintain confidentiality regarding these access details and not to disclose these details to anyone. In the event that they are misused, we will not be liable for this.
4.4 The user account is personal and you are therefore not entitled to allow third parties to use it.
4.5 We may terminate your User Account, in particular if you have not used it for more than 3 years or if you breach your obligations under the Agreement.
4.6 The User Account may not be available continuously, in particular with regard to necessary hardware and software maintenance.
5) PRICE AND PAYMENT CONDITIONS, RESERVATION OF TITLE
5.1 The price is always stated within the E-shop, in the Order proposal and of course in the Contract. In the event of a discrepancy between the Price stated for the Goods within the E-shop and the Price stated in the Order Proposal, the Price stated in the Order Proposal shall apply and shall always be the same as the price in the Contract. Within the Order proposal, the Price for shipping is also indicated, or the conditions under which shipping is free of charge.
5.2 The total Price is quoted inclusive of VAT including any charges provided for by law.
5.3 Payment of the Total Price will be required from You after the Contract has been concluded and before delivery of the Goods. You may pay the Total Price by the following methods:
5.3.1 By bank transfer. We will send you information for making payment as part of the Order confirmation.
5.3.2 By online card. In this case, payment is made through a payment gateway, and payment is subject to the terms and conditions of the payment gateway.
5.3.3 Cash on delivery. In this case, payment will be made on delivery of the Goods against delivery of the Goods. In the case of payment on delivery, the Total Price is payable on receipt of the Goods.
5.3.4 Cash on collection in person. Cash may be paid for Goods in the event of collection at Our premises. In the case of payment in cash on collection in person, the Total Price is payable on receipt of the Goods.
5.3.5 Payment by Twisto:
5.3.5.1 The “Twisto” payment is provided by Twisto payments a.s., ID No.: 01615165, registered in the Commercial Register maintained by the Commercial Registry Office in Prague, Section B, Insert 19085, with its registered office at Újezd 450/40, Malá Strana, 118 00 Prague 1 (hereinafter referred to as “Twisto”) on the basis of an assignment of the claim for payment of the total purchase price with extended maturity to Twisto, under the terms and conditions set out in the “General Terms and Conditions for Customers of the “TWISTO” Service”.
5.3.5.2 By opting for the Twisto service, the Buyer declares that he/she is of legal capacity and over 18 years of age and is also aware that the “Twisto” payment service is intended only for persons meeting the above requirements.
5.3.5.3 In the event that the Buyer uses the “Twisto” service facilitated by the Seller and provided by Twisto, the Buyer shall pay the payment (i.e. the total purchase price and shipping costs) within 30 days from the date of dispatch of the goods or services.
5.3.5.4 The conclusion of the Purchase Contract shall occur upon completion of the order by the Buyer, acceptance of the order by the Seller (by written confirmation sent by e-mail) and payment of the ordered goods or services by the Buyer or by using the “Twisto” service. The Buyer acknowledges that in case of using the “Twisto” service, this order is binding and does not serve as a reservation of goods or services.
5.3.5.5 The Buyer agrees that by selecting the Twisto service in the Merchant’s shopping cart, and upon subsequent approval of the request by Twisto, the Buyer accepts the “General Terms and Conditions for Customers of the “TWISTO ” service.
5.4 An invoice will be issued electronically after payment of the Total Price and will be sent to your email address. The invoice will also be available in the User Account.
5.5 Ownership of the Goods will pass to You only after You have paid the Total Price and accepted the Goods. In the case of payment by bank transfer, the Total Price is paid by crediting Our account, otherwise it is paid at the time of payment.
6) DELIVERY OF THE GOODS, TRANSFER OF RISK OF DAMAGE TO THE GOODS
6.1 The Goods will be delivered to You by the method of Your choice, whereby You may choose from the following options:
6.1.1 Personal collection at the delivery points of Balíkovna, PPL, Zásilkovna
6.1.2 Delivery via transport companies Czech Post, GLS, PPL, Zásilkovna
6.2 The goods can be delivered only within the Czech Republic and the Slovak Republic.
6.3 The delivery time of the Goods always depends on their availability and the chosen method of delivery and payment. The estimated delivery time of the Goods will be communicated to you in the Order confirmation. The time indicated on the E-shop is only indicative and may differ from the actual delivery time. In the case of personal collection at our premises, we will always inform you of the possibility of collecting the Goods by e-mail.
6.4 Upon receipt of the Goods from the carrier, it is Your obligation to check the integrity of the packaging of the Goods and in the event of any defects, to notify the carrier and Us immediately. In the event that there is any defect in the packaging which indicates tampering and entry into the shipment, it is not Your responsibility to accept the Goods from the Carrier.
6.5 In the event that You breach Your obligation to accept the Goods, except as set out in clause 6.4, this will not result in a breach of Our obligation to deliver the Goods to You. At the same time, Your failure to accept the Goods shall not constitute a repudiation of the Contract between Us and You. However, in such a case We shall have the right to withdraw from the Contract on the grounds of Your material breach of the Contract. If We decide to exercise this right, the withdrawal is effective on the date We deliver the withdrawal to You. Withdrawal from the Contract shall not affect any claim for payment of the Shipping Price or any claim for damages, if any.
6.6 If, for reasons arising on Your part, the Goods are redelivered or delivered in a different manner from that agreed in the Contract, it is Your obligation to reimburse Us for the costs of such redelivery. The payment details for payment of these costs will be sent to Your email address set out in the Contract and are payable 14 days from receipt of the email.
6.7 The risk of damage to the Goods shall pass to You when You take delivery of them. In the event that you do not take delivery of the Goods, except as provided in clause 6.4, the risk of damage to the Goods shall pass to you at the time when you had the opportunity to take delivery of the Goods but for reasons beyond your control did not take delivery. The transfer of the risk of damage to the Goods means that from that moment on you bear all consequences related to the loss, destruction, damage or any deterioration of the Goods.
6.8 If the Goods have not been listed as in stock in the E-shop and an indicative period of availability has been given, we will always inform you in the event:
6.8.1 extraordinary failure in the production of the Goods, and we will always provide you with a new expected period of availability or information that the Goods cannot be delivered;
6.8.2 delay in delivery of the Goods from Our Supplier and We will always tell You the new expected delivery time.
6.9 In the event that We are unable to deliver the Goods to You even within 30 days of the expiry of the delivery time specified in the Order Confirmation, for whatever reason, We and You shall be entitled to cancel the Contract.
6.10 In the event of non-acceptance of an already dispatched shipment (violation of § 2118 of Act No. 89/2012 Coll.), We reserve the right to charge a cancellation fee corresponding to the costs incurred for removal, stacking, postage and packaging in the amount of CZK 147.
7) RIGHTS FROM DEFECTIVE PERFORMANCE
7.1 We warrant that the Goods are free from defects at the time the risk of damage to the Goods passes under clause 7 of the Conditions, in particular that:
7.1.1 it has the characteristics that we have agreed with you and, if not expressly agreed, then those that we have stated in the description of the Goods or those that can be expected in view of the nature of the Goods;
7.1.2 is suitable for the purposes we have stated or for the purposes that are usual for Goods of that type;
7.1.3 conforms to the quality or workmanship of the agreed sample where the quality or workmanship has been determined from the sample;
7.1.4 is in the appropriate quantity and weight;
7.1.5 meets the requirements imposed on it by law;
7.1.6 it is not encumbered by the rights of third parties.
7.2 The rights and obligations with regard to rights arising from defective performance shall be governed by the relevant generally binding legal provisions (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
7.3 In the event that the Goods are defective, i.e. in particular if any of the conditions under Article 1 are not fulfilled, You may notify Us of such defect and exercise Your rights under the defective performance (i.e. claim the Goods) by sending an e-mail or letter to Our addresses indicated in Our identification data. You may also use the sample form provided by Us for making a claim, which can be found at the following link: Claim Form. In exercising the right of defective performance, you must choose how you wish to resolve the defect, and you cannot subsequently change this choice, except in accordance with clause 7.4, without Our consent. We will settle the claim in accordance with the defective performance right You have exercised. In the event that You do not choose to resolve the defect, You shall have the rights set out in clause 7.5 even in situations where the defective performance was a material breach of the Contract.
7.4 If the defective performance is a material breach of the Contract, you have the following rights:
7.4.1 to remedy the defect by supplying new Goods without defect or by supplying the missing part of the Goods;
7.4.2 to a reasonable discount on the Price;
7.4.3 to withdraw from the Contract.
7.5 If the defective performance is an immaterial breach of the Contract, you have the following rights:
7.5.1 to remedy the defect by supplying new Goods without defect or by supplying the missing part of the Goods;
7.5.2 to a reasonable discount on the Price.
7.6 However, if we do not remedy the defect in time or refuse to remedy the defect, you have the right to withdraw from the Contract.
7.7 In the event of a material or non-material breach, you may not withdraw from the Contract or require delivery of a new item unless you can return the Goods in the condition in which you received them. This does not apply in the following cases:
7.7.1 if the condition of the Goods has changed as a result of an inspection to detect a defect;
7.7.2 if the Goods were used before the defect was discovered;
7.7.3 if the impossibility of returning the Goods in their unaltered condition was not caused by Your act or omission,
7.7.4 if the Goods have been sold, consumed or altered by you in the ordinary course of use before the defect was discovered; however, if this has only partially occurred, it is your responsibility to return the part of the Goods that can be returned, in which case you will not be refunded the part of the Prices corresponding to your benefit from the use of the part of the Goods.
7.8 Within 3 days of receipt of a claim, we will confirm to you by email that we have received the claim, when we received it and the estimated time it will take to resolve the claim. We will deal with the complaint without undue delay, but no later than 30 days from receipt. The time limit may be extended by mutual agreement between us. If the time limit expires in vain, you may withdraw from the Contract.
7.9 We will inform you by e-mail about the settlement of the complaint. If the complaint is justified, you are entitled to a refund of the costs reasonably incurred. You are obliged to prove these costs, e.g. by receipts or shipping receipts. In the event that the defect has been rectified by the delivery of new Goods, it is Your responsibility to return the original Goods to Us, but We shall bear the cost of such return.
7.10 If You are a business, it is Your obligation to notify and complain about the defect without undue delay after You have been able to discover it, but no later than three days after You have received the Goods.
8) WITHDRAWAL FROM THE CONTRACT
8.1 Withdrawal from the Contract, i.e. the termination of the contractual relationship between Us and You from its inception, may occur for the reasons and in the ways set out in this clause or in other provisions of the Conditions in which the possibility of withdrawal is expressly mentioned.
8.2 In the event that You are a consumer, i.e. a person purchasing Goods outside the scope of Your business activities, You have the right to withdraw from the Contract without giving any reason within 14 days from the date of delivery of the Goods in accordance with the provisions of §1829 of the Civil Code. If we have concluded a Contract, the subject of which is several types of Goods or the delivery of several parts of Goods, this period shall begin on the date of delivery of the last part of the Goods, and if we have concluded a Contract on the basis of which we will deliver the Goods to you regularly and repeatedly, it shall begin on the date of delivery of the first delivery. You may withdraw from the Contract by any demonstrable means (in particular by sending an email or letter to Our address as set out in Our identification details). You may also use the sample withdrawal form provided by Us, which can be found at the following link: Withdrawal Form.
8.3 However, even as a consumer, You may not withdraw from the Contract where the subject matter of the Contract:
8.3.1 Goods that have been customised to Your wishes or for You;
8.3.2 Goods which are perishable and Goods which have been irretrievably mixed with another after delivery;
8.3.3 Goods in sealed packaging which have been removed from their packaging and cannot be returned for hygiene reasons;
8.4 The withdrawal period under clause 8.2 of the Conditions shall be deemed to have been observed if You send Us notice that You are withdrawing from the Contract during that period.
8.5 In the event of withdrawal from the Contract, the Price will be refunded to You within 14 days of the effective date of withdrawal to the account from which it was credited or, as the case may be, to the account selected by You to withdraw from the Contract. However, the amount will not be refunded until You have returned the Goods to Us or proved that they have been sent back to Us. Please return the Goods to Us clean, including the original packaging where possible.
8.6 In the event of cancellation of the Contract under clause 8.2 of the Conditions, You must return the Goods to Us within 14 days of cancellation and You shall bear the cost of returning the Goods to Us. You shall in turn be entitled to have Us refund the Shipping Charge to You, but only in an amount equivalent to the cheapest method of delivery offered by Us for delivery of the Goods. In the event of cancellation due to a breach of the Contract by Us, We shall also pay the costs of returning the Goods to Us, but again only up to the amount of the Shipping Charge corresponding to the cheapest delivery method offered by Us for delivery of the Goods.
8.7 You shall be liable to Us for damages where the Goods are damaged as a result of Your handling them in a manner other than that which is necessary in view of their nature and characteristics. In such a case, We will invoice You for the damage caused after the Goods have been returned to Us and the amount invoiced is due within 14 days. If We have not yet returned the Price to You, We shall be entitled to set off the claim for costs against Your claim for reimbursement of the Price.
8.8 We shall be entitled to withdraw from the Contract at any time before we deliver the Goods to you if there are objective reasons why the Goods cannot be delivered (in particular, reasons on the part of third parties or reasons relating to the nature of the Goods), even before the expiry of the period specified in clause 6.9 of the Conditions. We may also withdraw from the Contract if it is apparent that you have deliberately provided incorrect information in the Order. In the event that you are purchasing the Goods in the course of your business, i.e. as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason.
9) DISPUTE RESOLUTION WITH CONSUMERS
9.1 We are not bound by any codes of conduct in relation to buyers within the meaning of section 1826 (1) (e) of the Civil Code.
9.2 We handle consumer complaints via the electronic address info@grigfood.com. We will send information about the handling of the complaint to the buyer’s electronic address.
9.3 The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: http://www.coi.cz, is competent for out-of-court settlement of consumer disputes arising from the Contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer, who is a consumer, from a purchase contract concluded by electronic means.
9.4 The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: 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 online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
10) FINAL PROVISIONS
10.1 If the legal relationship between Us and You contains an international element (i.e., for example, We will ship goods outside the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, your rights under the law are not affected by this agreement.
10.2 All written correspondence with you will be delivered by electronic mail. Our email address is set out next to Our identification details. We will deliver correspondence to Your email address set out in the Agreement, in Your User Account or through which You have contacted Us.
10.3 The Agreement may only be amended by written agreement between Us. However, We may amend these Terms, but such amendment will not affect Contracts already entered into, but only Contracts entered into after the amendment takes effect. We will send you information about the change to your email address at least 14 days before the change takes effect. If we do not receive notice from you within 14 days of sending you information about the change, the new terms will become part of our Contract and will apply to the next delivery of Goods after the change takes effect. The notice period in the event that you give notice is 2 months.
10.4 In the event of Force Majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, subcontractor failures, etc.), We shall not be liable for any damage caused as a result of or in connection with the Force Majeure event, and if the Force Majeure condition continues for more than 10 days, We and You shall have the right to withdraw from the Contract.
10.5 A sample claim form and a sample withdrawal form are attached to the Terms and Conditions.
10.6 The Contract, including the Conditions, is archived electronically with Us but is not accessible to You. However, You will always receive these Conditions and an Order Confirmation with a summary of the Order by email and You will therefore always have access to the Contract without Our involvement. We recommend that you always save the Order Confirmation and the Conditions.
These Terms and Conditions will take effect on 06.01.2023