Esh Basses

Terms and Conditions

1. Basic Provisions

1.1. These general terms and conditions (hereinafter referred to as "terms and conditions") are issued in accordance with Section 1751 and following of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code") for the sale of goods and services through the online store located at the internet address www.esh-bass.com operated by the seller, who is NBE Corp. s.r.o.
Contact details: Václavkova 176/2, Dejvice, 160 00 Praha
Email: info@esh-bass.com
Phone: +420602374184
Website: (hereinafter referred to as the "seller" or "operator").
The technical operation of the www.esh-bass.com website is managed by the company Acme Branding Company (hereinafter referred to as the "technical operator").

1.2. These terms and conditions regulate the mutual rights and obligations of the seller and a natural person who enters into a purchase agreement outside their business activity as a consumer (hereinafter referred to as the "buyer") via the web interface located on the website available at www.esh-bass.com (hereinafter referred to as the "online store").

1.3. The provisions of these terms and conditions form an integral part of the purchase agreement. Deviating provisions in the purchase agreement take precedence over these terms and conditions.

1.4. These terms and conditions and the purchase agreement are concluded in the English language.

2. Information on Goods and Prices

2.1. Information on goods, services, or performance that are the subject of a sale, including the prices of individual goods and their main characteristics, are listed for each item in the catalogue of the online store on the website. The prices of goods are listed including value-added tax, all related fees, and the costs of returning the goods if the nature of the goods prevents their return via regular postal means. The prices of goods remain valid for as long as they are displayed in the online store. This provision does not exclude the possibility of concluding a purchase agreement under individually agreed conditions.

2.2. All product presentations in the catalogue of the online store are for informational purposes, and the seller is not obliged to enter into a purchase agreement for such goods or services.

2.3. Information about the costs associated with packaging and delivery of goods is published in the online store.

2.4. Any discounts on the purchase price of goods cannot be combined unless otherwise agreed by the seller and the buyer.

3. Order and Conclusion of the Purchase Agreement

3.1. The costs incurred by the buyer when using remote communication means in connection with concluding a purchase agreement (internet connection fees, phone call charges, payment fees) are borne by the buyer.

3.2. The buyer places an order for goods through their customer account if they have previously registered in the online store.  If they have not previously registered in the online store, they can create a customer account during the checkout process.

3.3. When placing an order, the buyer selects the goods, the quantity of goods, the payment method, and the delivery method (shipping).

3.4. Before submitting the order, the buyer is allowed to check and change the details they have entered in the order. The buyer submits the order to the seller by clicking the "Complete Order" button. The information provided in the order is considered correct by the seller. The validity of the order is conditional on the buyer filling in all the required information in the order form and confirming that they have read these terms and conditions.

3.5. Immediately after receiving the order, the seller sends information that the order has been delivered to him. The seller will send a binding confirmation of the order without undue delay after checking the order, usually within 3 working days.

3.6. Immediately after receiving the order, the seller will send the buyer information that the order has been delivered to him to the email address provided by the buyer when placing the order. This information is automatic and is not considered as concluding a contract. The information includes the seller's current terms and conditions. The purchase agreement is concluded only after the seller accepts the order, without undue delay after checking the order, usually within 3 working days; the notification of order acceptance (confirmation of the order) is sent to the buyer's email address.

3.7. If the seller is unable to fulfil any of the requirements specified in the order, they will send the buyer a modified offer to the buyer's email address. The modified offer is considered a new proposal for a purchase agreement, and the purchase agreement is concluded in such a case by the buyer confirming their acceptance of this offer to the seller's email address specified in these terms and conditions.

3.8. All orders received by the seller are binding. The buyer may cancel the order until they receive notification of order acceptance from the seller. The buyer may cancel the order via the seller's email (info@esh-bass.com), and the seller will confirm the cancellation by email.

3.9. In the event of an obvious technical error on the part of the seller when stating the price of the goods in the online store or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this evidently incorrect price, even if the buyer has received an automatic confirmation of the order according to these terms and conditions. An obvious technical error includes a price that is disproportionately low compared to the usual price level of the goods. The seller will inform the buyer of the error without undue delay and will send the buyer a modified offer to their email address. The modified offer is considered a new proposal for a purchase agreement, and the purchase agreement is concluded in such a case by the buyer confirming their acceptance to the seller's email address.

4. Customer Account

4.1. Based on the buyer's registration in the online store, the buyer can access their customer account. From their customer account, the buyer can order goods and services.

4.2. When registering for a customer account and when ordering goods, the buyer is required to provide accurate and truthful information. The buyer is obliged to update the information in their customer account in case of any changes. The information provided by the buyer in the customer account and when ordering goods is considered correct by the seller.

4.3. Access to the customer account is secured by a username and password. The buyer is required to maintain the confidentiality of the information necessary to access their customer account. The seller is not responsible for any misuse of the customer account by third parties.

4.4. The buyer is not authorized to allow third parties to use their customer account.

4.5. The seller may cancel the customer account, especially if the buyer has not used their customer account for more than one year, or if the buyer breaches their obligations under the purchase agreement or these terms and conditions.

4.6. The buyer acknowledges that the customer account may not be available continuously, particularly due to the necessary maintenance of the seller’s hardware and software, or the necessary maintenance of third-party hardware and software.

5. Payment Terms and Delivery of Goods

5.1. The buyer may pay for the goods and any associated delivery costs under the purchase agreement using cashless payment by card through the Stripe payment gateway.

5.2. The purchase price cannot be paid in cash, even in the case of personal collection at a pickup point.

5.3. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.

5.4. The purchase price is payable at the latest at the time of the conclusion of the purchase agreement.

5.5. In the case of payment through the payment gateway, the buyer proceeds according to the instructions of the relevant electronic payment provider.

5.6. The seller does not require any advance or similar payment from the buyer. Blocking or reserving the amount of the purchase price by the payment system or payment of the purchase price before the goods are dispatched is not considered an advance payment.

5.7. If the buyer does not pay the purchase price the purchase agreement will terminate.

5.8. The goods will be delivered to the buyer at the address specified by the buyer in the order by the forwarding company offered by the seller when ordering; other delivery methods are not possible.

5.9. The choice of delivery method is made during the ordering process, if a forwarding company can be selected in the ordering process, otherwise the forwarding company will be determined by the seller taking into account the nature of the goods.

5.10. The delivery costs, depending on the method of dispatch and receipt of the goods, are listed in the buyer's order and in the seller’s order confirmation. If the method of transport is agreed upon based on the buyer’s specific request, the buyer bears the risk and any additional costs associated with this method of transport.

5.11. If the seller is obliged under the purchase agreement to deliver the goods to a place specified by the buyer in the order, the buyer is obliged to take delivery of the goods upon delivery. If the goods must be delivered repeatedly or in a manner different from that stated in the order due to reasons attributable to the buyer, the buyer is obliged to pay the costs associated with repeated delivery or the costs associated with the different method of delivery.

5.12. Upon receiving the goods from the carrier, the buyer is obliged to check the integrity of the packaging and, in case of any defects, immediately notify the carrier. If the packaging is found to be damaged, indicating unauthorized tampering with the shipment, the buyer may refuse to accept the shipment from the carrier.

5.13. The seller will issue the buyer a document. The document is sent to the buyer’s email address.

5.14. The buyer acquires ownership rights to the goods upon payment of the full purchase price for the goods, including delivery costs, but no sooner than upon receipt of the goods.

5.15. The risk of accidental destruction, damage, or loss of the goods passes to the buyer at the moment of taking delivery of the goods, or at the moment when the buyer was obliged to take delivery of the goods but failed to do so in violation of the purchase agreement.

6. Withdrawal from the Contract

6.1. A buyer who has concluded a purchase contract outside of their business activity as a consumer has the right to withdraw from the purchase contract.

6.2. The withdrawal period is 14 days:
6.2.1. from the day of receipt of the goods,
6.2.2. from the day of receipt of the last delivery of goods, if the contract involves several types of goods or the delivery of several parts,
6.2.3. from the day of receipt of the first delivery of goods, if the contract involves regular repeated delivery of goods.

6.3. The buyer cannot, among other things, withdraw from the purchase contract:
a) for the provision of services, if they were performed with the buyer’s prior express consent before the expiration of the withdrawal period,
b) for the delivery of goods or services whose price depends on fluctuations in the financial market independent of the seller's will, which may occur during the withdrawal period,
c) for the delivery of alcoholic beverages, which can only be delivered after 30 days and whose price depends on fluctuations in the financial market independent of the seller’s will,
d) for the delivery of goods that were customized according to the buyer's wishes or for their person,
e) for the delivery of goods that are perishable or goods that, after delivery, have been irreversibly mixed with other goods,
f) for repairs or maintenance carried out at the location designated by the buyer at their request; however, this does not apply in cases of subsequent performance of repairs other than those requested or delivery of replacement parts other than those requested,
g) for the delivery of goods in sealed packaging that the buyer has removed from the packaging and which cannot be returned for hygiene reasons,
h) for the delivery of audio or video recordings or computer programs, if the original packaging has been broken by the buyer,
i) for the delivery of newspapers, periodicals, or magazines,
j) for the delivery of digital content, if it was not supplied on a tangible medium and was supplied with the prior express consent of the buyer before the expiration of the withdrawal period, and the seller informed the buyer before the conclusion of the contract that in such cases they do not have the right to withdraw from the contract, and in other cases specified in Section 1837 of the Civil Code.

6.4. To meet the withdrawal deadline, the buyer must send a declaration of withdrawal within the withdrawal period.

6.5. To withdraw from the purchase contract, the buyer may use the

provided by the seller. The buyer sends the withdrawal from the purchase contract to the seller’s email or delivery address specified in these terms and conditions. The seller will immediately confirm receipt of the form to the buyer.

6.6. A buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of the withdrawal from the contract. The buyer bears the costs of returning the goods to the seller, even if the goods cannot be returned by normal postal means due to their nature.

6.7. If the buyer withdraws from the contract, the seller will return all monetary funds, including delivery costs, received from the buyer, without undue delay and no later than 14 days from the date of withdrawal, using the same method. The seller will return the funds by another method only if the buyer agrees, and no additional costs are incurred as a result.

6.8. If the buyer chooses a delivery method other than the least expensive option offered by the seller, the seller will refund the delivery costs corresponding to the least expensive delivery method offered.

6.9. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received monetary funds to the buyer before the buyer hands over the goods or proves that the goods have been sent to the seller.

6.10. The buyer must return the goods to the seller undamaged, unused, only to the extent necessary to check for defects, unworn, and unsoiled, and, if possible, in the original packaging. The seller is entitled to unilaterally set off the right to compensation for damage to the goods against the buyer's claim for a refund of the purchase price. If the consumer uses the goods during the 14-day withdrawal period and then returns them, the consumer bears the costs incurred by the seller related to the wear and tear of the goods.

6.11. The seller is entitled to withdraw from the purchase contract due to stock depletion, unavailability of goods, or when the manufacturer, importer, or supplier of the goods has ceased production or import. The seller will immediately inform the buyer via the email address provided in the order and return all monetary funds, including delivery costs, received under the contract within 14 days of the notice of withdrawal, using the same method, or in a manner specified by the buyer.

7. Rights from Defective Performance

7.1. The seller is responsible to the buyer for ensuring that the goods are free of defects upon receipt. In particular, the seller is responsible for ensuring that at the time the buyer receives the goods:
7.1.1. the goods have the properties agreed upon by both parties, and if no agreement was made, the goods have the properties that the seller or manufacturer described, or that the buyer expected given the nature of the goods and based on the advertising conducted by the seller;
7.1.2. the goods are suitable for the purpose for which the seller states they are intended, or for the usual purpose for goods of that type;
7.1.3. the goods match the quality or workmanship of an agreed sample or model if the quality or workmanship was determined based on such a sample or model;
7.1.4. the goods are in the correct quantity, dimensions, or weight;
7.1.5. the goods comply with legal regulations.

7.2. The seller’s obligations regarding defective performance are at least as extensive as those of the manufacturer. The buyer is otherwise entitled to claim the right to a defect that occurs in consumer goods within twenty-four months of receipt.

7.3. If a period for using the goods is stated on the goods, packaging, instructions provided with the goods, or in advertising in accordance with other legal regulations, the provisions on warranty for quality apply. By the warranty for quality, the seller undertakes that the goods will be usable for their usual purpose or will retain their usual properties for a certain period. If the buyer rightfully claims a defect, the period for exercising rights from defective performance or the warranty period does not run during the time the buyer cannot use the defective goods.

7.4. The provisions in the previous paragraph of the terms and conditions do not apply to goods sold at a lower price due to a defect for which the lower price was agreed, for wear and tear of the goods caused by normal use, or for defects corresponding to the degree of use or wear that the goods had upon receipt by the buyer for second-hand goods, or if this arises from the nature of the goods. The buyer does not have the right to defective performance if they knew about the defect before taking over the goods or if the defect was caused by the buyer.

7.5. In the event of a defect, the buyer may submit a complaint to the seller and request:
7.5.1. exchange for new goods,
7.5.2. repair of the goods,
7.5.3. a reasonable discount on the purchase price,
7.5.4. withdrawal from the contract.

7.6. The buyer has the right to withdraw from the contract:
7.6.1. if the goods have a substantial defect,
7.6.2. if the buyer cannot properly use the goods due to recurring defects after repair,
7.6.3. in the case of a greater number of defects on the goods.

7.7. A substantial breach of contract is such that the breaching party knew or should have known at the time of contract conclusion that the other party would not have entered into the contract if they had foreseen the breach.

7.8. In the case of a defect that constitutes an insignificant breach of contract (regardless of whether the defect is repairable or irreparable), the buyer is entitled to the removal of the defect or a reasonable discount on the purchase price.

7.9. If a repairable defect occurs repeatedly (usually after the third complaint for the same defect or the fourth for different defects) or the goods have a greater number of defects (usually at least three defects at once), the buyer has the right to request a discount on the purchase price, exchange of goods, or withdrawal from the contract.

7.10. When submitting a complaint, the buyer is obliged to inform the seller of the right they have chosen. Changing the choice without the seller’s consent is only possible if the buyer requests a repair of a defect that later proves to be irreparable. If the buyer does not choose their right in time for a substantial breach of contract, they have the same rights as for an insignificant breach of contract.

7.11. If a repair or exchange of goods is not possible, the buyer may demand a full refund based on withdrawal from the contract.

7.12. If the seller proves that the buyer knew about the defect before taking over the goods or caused the defect themselves, the seller is not obligated to fulfil the buyer’s claim.

7.13. The buyer cannot complain about discounted goods for the reason for which the goods were discounted.

7.14. The seller is obliged to accept the complaint in the manner specified in these terms and conditions. The seller must issue the buyer written confirmation of when the buyer exercised the right, what the complaint contains, and the resolution method the buyer is requesting, as well as confirmation of the date and method of complaint resolution, including confirmation of repair and its duration, or a written justification for rejecting the complaint.

7.15. The seller or their authorized employee must decide on the complaint immediately, in complex cases within three business days. This period does not include a reasonable time needed to assess the defect based on the type of product or service. Complaints, including the removal of defects, must be resolved promptly, no later than 30 days from the date of the complaint, unless the seller agrees with the buyer on a longer period. Failure to meet this deadline is considered a substantial breach of contract, and the buyer has the right to withdraw from the contract. The moment the buyer's intention (exercise of the right from defective performance) reaches the seller is considered the moment the complaint is filed.

7.16. The seller will inform the buyer in writing of the result of the complaint.

7.17. The buyer is not entitled to defective performance if they knew about the defect before taking over the goods or caused the defect themselves.

7.18. In the case of a justified complaint, the buyer has the right to reimbursement of reasonably incurred costs related to the complaint. The buyer can assert this right with the seller within one month after the warranty period expires; otherwise, the court may not grant it.

7.19. The buyer has the right to choose the complaint method.

7.20. The rights and obligations of the parties regarding defective performance are governed by Sections 1914 to 1925, 2099 to 2117, and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection.

7.21. Additional rights and obligations related to the seller's liability for defects are governed by the seller's complaint procedure.

8. Delivery

8.1. The contracting parties may deliver all written correspondence to each other via electronic mail.

8.2. The buyer delivers correspondence to the seller to the email address stated in these terms and conditions. The seller delivers correspondence to the buyer using the email address provided in their customer account or in the order.

9. Personal Data

9.1. All information provided by the buyer when dealing with the seller is confidential and will be treated as such. Unless the buyer gives the seller written consent, the seller will not use the buyer’s data for purposes other than fulfilling the contract, except for the email address, which may be used for sending commercial communications, as permitted by law, unless explicitly declined. These communications will only concern similar or related goods and can be unsubscribed from at any time in a simple manner (by sending a letter, an email, or clicking on a link in the commercial communication). The email address will be stored for this purpose for three years from the conclusion of the last contract between the contracting parties.

9.2. More detailed information regarding the protection of personal data can be found in the Privacy Policy.

10. Alternative Dispute Resolution

10.1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent to handle alternative dispute resolutions arising from the purchase contract. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr can also be used to resolve disputes between the seller and the buyer arising from the purchase contract.

10.2. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point according to 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 consumer online dispute resolution).

10.3. The seller does not operate the e-shop under a trade license subject to control by the relevant trade licensing office. The Czech Trade Inspection Authority supervises compliance with Act No. 634/1992 Coll., on consumer protection, within a defined scope.

11. Final Provisions

11.1. All agreements between the seller and the buyer are governed by the laws of the Czech Republic. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship shall be governed by the laws of the Czech Republic. This does not affect the consumer’s rights arising from generally binding legal regulations.

11.2. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 1826(1)(e) of the Civil Code.

11.3. All rights to the seller’s website, particularly copyright to the content, including the page layout, photos, films, graphics, trademarks, logos, and other content and elements, belong to the seller. It is prohibited to copy, modify, or otherwise use the website or its parts without the seller’s consent.

11.4. The seller is not responsible for errors caused by third-party interventions into the e-shop or by its use contrary to its intended purpose. The buyer must not use procedures when utilizing the e-shop that could negatively affect its operation and must not engage in any activity that could allow unauthorized interference with or unauthorized use of the software or other components forming the e-shop, or use the e-shop or its parts or software in a way that contradicts its purpose or intent.

11.5. The buyer assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.

11.6. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

11.7. The seller may change or supplement the wording of the terms and conditions. This provision does not affect the rights and obligations arising during the period of effect of the previous version of the terms and conditions.

11.8. A sample withdrawal form is attached to the terms and conditions.

11.9. These terms and conditions come into effect on October 14th 2024.