Terms and conditions until 31.12.2021

Terms and Conditions for the e-shop valid from November 1, 2019

The mutual rights and obligations of the User and the Operator, especially the rights and obligations arising from the Purchase Contract, are governed by these terms and conditions (hereinafter referred to as "Terms and Conditions").

1. Definitions

1. In these Terms and Conditions.
  1. „E-shop“ means a computer program - an internet application that is available on the Internet through the web address www.asist.cz, whose main functionality is the display, selection, and ordering of goods by the User;
  2. „Purchase Contract“ means a purchase contract in the sense 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;
  3. „Shopping Cart“ means a part of the E-shop, which is automatically generated by activating the relevant functions by the User within their interaction in the user environment of the E-shop, especially by adding or removing Goods and/or changing the quantity of selected Goods;
  4. „Civil Code“ means Act No. 89/2012 Coll., the Civil Code, as amended;
  5. „Operator“ means U.S. REST AND SHOP, LLC, organizational unit, ID: 28508271, with its registered office at Veselská 699, 199 00 Prague 9;
  6. „Access Data“ means a unique login name and associated password entered by the User into the E-shop's database during Registration;
  7. „Registration“ means the electronic registration of the User into the E-shop's database by filling in at least the mandatory registration data in the user interface of the E-shop and the Access Data, and subsequently saving them into the E-shop's database;
  8. „Consumer“ means a User - a person who, outside the scope of their business activity or outside the independent exercise of their profession, concludes a Contract with the Operator or otherwise deals with the Operator;
  9. „User“ means any legal or natural person who uses the E-shop;
  10. „User Account“ means a part of the E-shop that is created for each User by Registration (i.e., it is unique to each User) and accessible after entering the Access Data;
  11. „Goods“ means an item offered by the Operator for sale to the User through the E-shop, and if a license is offered with the Goods, it includes a license for the use of such an item;

2. Information for Consumers before concluding a contract

1. The Operator concludes contracts, the subject of which is the provision of services, and contracts, under which copyrighted digital content is provided on CD/DVD or another medium.
2. Regarding the price of Goods and transportation costs and other fees, it applies that:
  1. In the case of license agreements concluded for an indefinite period, the license fee is agreed for the entire period of providing the license, unless stated otherwise.
  2. The prices of the provided goods, services, and licensed content are listed on the website both with and without VAT, including all fees set by law, but the costs of delivering the goods or services vary depending on the chosen method and provider of delivery and payment method. The agreed price does not include any payments, fees, or other rewards that the User must incur for services provided by third parties in connection with the payment of the agreed price; such costs are borne solely by the User.
  3. In the event of withdrawal from the contract, the Consumer bears the costs of returning the Goods, and if the contract was concluded via a means of remote communication, the costs of returning the Goods if the goods cannot be returned by ordinary postal means due to their nature.
3. If the contract concerns the delivery of digital content that is not supplied on a tangible medium, the Consumer expressly agrees that such content is delivered before the statutory withdrawal period expires.
4. The following applies to withdrawal from the contract:
  1. The Consumer is entitled to withdraw from the Purchase Contract within fourteen (14) days of receipt of the Goods. If the Purchase Contract concerns multiple types of Goods or delivery of several parts, this period runs from the date of receipt of the last delivery of Goods. Withdrawal from the Purchase Contract must be sent to the Operator (as the seller) within the period specified in this paragraph.
  2. Withdrawal from the contract should be sent at the Consumer's expense to the Operator at: Veselská 699, 199 00 Prague 9.
  3. The Consumer is obliged to return the Goods to the Operator without undue delay, but no later than 14 days after withdrawing from the Purchase Contract, by sending them back to the Operator's place of business or registered office, or by handing them over there. The period is deemed to be met if the Goods are sent to the Operator on the last day of the above-mentioned period.
  4. The Consumer cannot withdraw from the contract:
    1. for the provision of services, which the Operator has fulfilled with the prior express consent of the Consumer before the expiration of the withdrawal period;
    2. for the supply of sound or video recordings or computer programs, i.e., digital content on a tangible medium, if the original packaging has been damaged by the Consumer;
    3. for the supply of digital content, if it has not been supplied on a tangible medium and has been delivered with the prior express consent of the Consumer before the expiration of the withdrawal period;
  5. The Consumer is obliged to pay a proportional part of the price in case of withdrawal from a contract for the provision of services that have already begun.
  6. If the Consumer withdraws from the Purchase Contract, they must provide the bank account number in writing for the return of the purchase price for the Goods, which may be reduced if the statutory reasons are met.
  7. If the Consumer withdraws from the Purchase Contract regarding Goods returned to the Operator damaged and/or worn out, especially if the original markings on the Goods (i.e., tags, labels, etc.) are removed, the Consumer is obliged to compensate the Operator for the cost of restoring the Goods to their original condition.
5. The Consumer is liable to the Operator for a reduction in the value of the Goods resulting from handling the Goods in a manner other than necessary to familiarize themselves with the nature and properties of the Goods, including their functionality.
6. The Operator does not use the option of out-of-court resolution of consumer complaints. Complaints can be referred to the supervisory or state supervisory authority. The Czech Trade Inspection Authority handles out-of-court consumer complaints in the manner and under the conditions set by the relevant legal regulations.

3. Contract Conclusion Process

1. The Operator offers Users the conclusion of a Purchase Contract through the E-shop. The offer to conclude a Purchase Contract by the Operator is the display of a button labeled "Complete Order" in the E-shop's user interface.
2. The unconditional acceptance of the Operator's offer to conclude a Purchase Contract under Section 3.1 of these Terms and Conditions by the User is considered clicking on the "Complete Order" button.
3. By unconditionally accepting the offer under Section 3.2 of these Terms and Conditions, a Purchase Contract is concluded.
4. The contract is concluded at the moment when the electronic information about clicking on the button under Section 3.2 by the User reaches the server where the E-shop is installed.
5. The User agrees to provide truthful and complete information in the appropriate text fields in the E-shop user environment, especially their email address, identification details, and possibly the delivery address. The User acknowledges that the Operator will reasonably assume that the data provided is correct and complete and is not obliged to verify it.
6. The Operator will send the User an email message about the conclusion of the Purchase Contract to the email address entered by the User into the appropriate field in the E-shop user environment.
7. All Goods presented in the E-shop user environment are for informational purposes only, and the Operator is not obliged to conclude a Contract for these Goods. The provision of Section 1732(2) of the Civil Code does not apply.

4. Purchase Contract

1. By concluding the Purchase Contract, the following provisions take effect:
  1. The User purchases Goods from the Operator that they have selected in the E-shop user environment by placing them in the Shopping Cart, in the quantity that the User has selected and/or set for the given Goods in the E-shop user environment, and the User agrees to pay the Operator the price for such Goods as listed for the respective Goods in the E-shop user environment.
  2. The Operator has the right to withdraw from the Purchase Contract until the Goods are dispatched to the User, for any reason or no reason at all. Withdrawal from the Purchase Contract is also considered a legal act by the Operator notifying the User that they cannot deliver the Goods ordered.
  3. The Operator is entitled to request additional confirmation of the order from the User at any time and, until the User confirms the order, the Operator is entitled to withhold the dispatch of the Goods to the User.
  4. The method of packaging the Goods is solely determined by the Operator; the provisions of Section 2097 of the Civil Code are excluded.
  5. The User is obliged to pay the Operator the costs associated with packaging and delivering the Goods to the User, as stated in the order in the E-shop user environment.
  6. The User has the right to choose from the options displayed to them in the E-shop user environment for the method of payment of the purchase price for the Goods and possibly other monetary obligations to the Operator.
  7. If any payment method contains information about the costs of executing such payment, the User is obliged to bear the costs of such payment, as indicated for the given payment in the E-shop user environment.
  8. In the case of cashless payment by bank transfer, the User is obliged to include the variable symbol provided by the Operator.
  9. In the case of cashless payment, the User's obligation to pay the purchase price is fulfilled when the respective amount is credited to the Operator's bank account.
  10. The Operator has the right to offer the User a discount on the price of the Goods. Price discounts on the Goods can be combined unless explicitly stated otherwise.
  11. No payments, fees, or other rewards, which the User must incur for services provided by third parties in connection with paying the purchase price for the Goods, are part of the purchase price; these costs are exclusively the responsibility of the User.
  12. The Operator reserves ownership rights to the Goods that are the subject of the Purchase Contract until full payment of the purchase price for the Goods by the User.
  13. The Operator is obliged to deliver the Goods to the User within a reasonable time from the conclusion of the Purchase Contract. All delivery times for Goods stated in the E-shop user environment are only indicative.
  14. The Operator will always send the User a tax document - an invoice in electronic form, to the email address entered by the User in the E-shop user environment when placing the respective order.
  15. If the Operator provides the User with a gift along with the Goods, a gift contract between the User and the Operator is concluded with a resolutive condition that if the Purchase Contract is terminated (e.g., due to withdrawal from the Purchase Contract), the gift contract is also terminated without further action, and the User is obliged to return the gift provided along with the Goods to the Operator.
  16. The Operator provides the User with a warranty on the Goods if the warranty period is stated for the given Goods in the E-shop user environment, for the period specified. This warranty applies only to Consumers.
  17. The User is entitled to exercise the right to withdraw from the contract and rights regarding defective performance with the Operator at its registered office or place of business. The moment the Operator receives the Goods returned by the User is considered the moment of complaint submission.
  18. If the Goods are marked as used in the E-shop user environment, the User buys the Goods in used condition, including the defects indicated for such Goods.
  19. The risk of loss, damage, and/or destruction of the Goods, which are the subject of the Purchase Contract, passes to the User, who is a Consumer, at the moment of receipt of the Goods by the User.
  20. The risk of loss, damage, and/or destruction of the Goods, which are the subject of the Contract, passes to the User, who is not a Consumer, at the moment of receipt of the Goods by the User.
  21. The method of transportation may be determined or changed, depending on the volume, weight of the delivery, and transportation safety. Any change in the method of transportation by the seller's decision will not affect the agreed payment for postage (shipping) and packaging.

5. User Account

1. The User has the right to set up a User Account by Registration.
2. The User is obliged to enter the Access Data before entering the User Account.
3. The identification details of the User entered during Registration are considered to be the details entered when placing an order for any Goods made by the User after logging into their User Account.
4. The User must not provide third parties with the Access Data or any other access to the User Account. The User is obliged to take all reasonable measures to keep the Access Data confidential. The User is fully responsible for unauthorized use of these Access Data or the User Account and for the damage caused to the Operator or third parties as a result. In case of loss, theft, or other breach of the right to use these passwords, the User must inform the Operator immediately. The Operator will provide the User with new Access Data within a reasonable period.
5. In the case of User Registration, the conditions of Section 1752(1) of the Civil Code are met, and the Operator is entitled to unilaterally change these Terms and Conditions; the change will be notified to the User via the E-shop and/or by email to the User's email address entered into the E-shop database. The User has the right to refuse the changes to the Terms and Conditions within 7 days of first logging into the User Account after the changes to the Terms and Conditions were announced (if delivered via the E-shop) or from the delivery of the relevant email message to the User's inbox (if delivered by email) and to terminate the commitment for this reason within a notice period of 14 days, which the parties agree is sufficient to arrange for similar services from another provider.

6. Complaint Procedure

1. The Operator is responsible to the Consumer that the Goods are free of defects at the time of receipt.
2. If the Goods have defects, the Consumer is entitled to demand the delivery of new Goods without defects unless this is disproportionate given the nature of the defect; however, if the defect concerns only a part of the Goods, the Consumer may only demand the replacement of that part; if this is not possible, the Consumer has the right to withdraw from the Purchase Contract.
3. The right to the delivery of new Goods or the replacement of a part applies to the Consumer even in the case of a removable defect if the Consumer cannot use the Goods properly due to the recurrence 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 Contract.
4. If the Consumer does not withdraw from the Purchase Contract or does not exercise the right to the delivery of new Goods without defects or to the replacement of a part or the repair of the Goods, they may demand a reasonable discount. The Consumer is entitled to a reasonable discount even if the Operator cannot deliver new Goods without defects, replace a part or repair the Goods, as well as if the Operator fails to remedy the defect within a reasonable time or if the remedy would cause significant inconvenience to the Consumer.
5. The right of the Consumer to claim defects does not apply if the Consumer knew about the defect before taking over the Goods, or if the Consumer caused the defect themselves.
6. The Operator's liability for defects in the Goods does not cover wear and tear caused by normal use, for Goods sold at a lower price for a defect for which the lower price was agreed, for used Goods for a defect corresponding to the level of use or wear that the Goods had when taken over by the Consumer, or if this results from the nature of the Goods.
7. If a warranty is provided on the Goods, the Consumer is entitled to exercise liability for defective performance within the warranty period.
8. Upon the Consumer's request, the Operator is obliged to provide the Consumer with a warranty card. If the nature of the Goods allows, it is sufficient to issue the Consumer with a proof of purchase containing the data that the warranty card must contain instead of the warranty card. The warranty card must contain the Operator's name and surname, business name, ID number, and registered office.
9. If the Consumer exercises their right to repair defects in the Goods, where for the purpose of warranty repairs a business different from the Operator is designated, whose registered office or place of business is in the same location as the Operator or in a location closer to the Consumer, the Consumer will exercise the right to warranty repair with this business.
10. Complaints about Goods, including the removal of defects in the Goods, must be handled without undue delay, no later than 30 days from the date the complaint was filed unless the Operator and the Consumer agree on a longer period. After the expiry of this period, the Consumer has the same rights as in the case of a material breach of the Contract.
11. The complaint period is suspended if the Operator has not received all the necessary documents for handling the complaint until such documents are provided.
12. The Operator or its designated entity will, after properly resolving the complaint, invite the Consumer to collect the repaired Goods.
13. The right to claim defects in the Goods lapses in the event of improper assembly or improper use of the Goods, as well as improper handling, i.e., especially when using the Goods in conditions that do not correspond to the parameters stated in the documentation for the Goods. Any intervention in the electrical installation for electrical equipment.
14. Limitation - By purchasing or receiving and/or using the respirator(s) or mask(s), the buyer agrees that they assume all risks without the possibility of claiming any damages, injuries, or other losses from the seller. The use of the respirator is subject to the buyer's decision. The seller is not responsible for any consequences arising from the purchase of masks or respirators. We make this statement with full awareness and to protect our customers to the maximum, so we recommend that you follow the current situation and be informed about the latest regulations, findings, and other information from verified and official sources - for example, the Ministry of Health, the World Health Organization.

7. Data Protection

1. The Operator is legally obliged to protect and secure the personal data provided. The Operator, therefore, uses various effective security technologies to protect personal data from unauthorized access or use.
2. More detailed information on data protection can be found in the Data Protection Policy here: https://www.asist.cz/gdpr

8. Use of the E-shop

1. The Operator hereby grants the User a non-exclusive license to use the E-shop in the manner anticipated by these Terms and Conditions.
2. The Operator has the right to modify the E-shop, i.e., its technical solution and/or user interface.
3. The Operator has the right to limit or interrupt the functionality of the E-shop or access to it for the time necessary for maintenance or repair of the E-shop or for another reason on the part of the Operator or a third party.
4. The User is obliged to comply with the valid and effective legal regulations of the Czech Republic and the European Community when using the E-shop. The User is obliged to compensate for any damage caused to the Operator or third parties as a result.
5. In the event of a violation of these Terms and Conditions or the Purchase Contract or valid and effective legal regulations, the Operator has the right to cancel the User Account.

9. Operator's Declaration

1. The Operator declares that the records of data in the E-shop, as an electronic system, are reliable and are performed systematically and sequentially and are protected against changes.
2. Due to a technical error in the E-shop, the purchase price of Goods may be displayed that grossly does not correspond to the usual price of such Goods on the market; in such a case, the Operator is not obliged to deliver the Goods at the displayed purchase price, contacts the User, and informs them of the actual purchase price of the Goods, and the User has the right to decide whether to accept the Goods at the actual purchase price, and if not, the Purchase Contract is canceled from the beginning.
3. The User acknowledges that the photographs of Goods in the E-shop may be illustrative or may give a distorted impression due to their transfer to the User's technical device, so the User is obliged to always familiarize themselves with the full description of the Goods and contact the Operator in case of any doubts.
4. The Operator's contact details for communication with the User are listed in the E-shop user interface in the Contacts section.

10. Take-back of Electrical Appliances

1. In view of the obligation imposed on the Operator by Section 38 of Act No. 185/2001 Coll., on Waste and on Amendments to Some Other Acts, as amended, the Operator hereby informs the User that they allow Users to return old appliances free of charge for disposal by the Operator's contractual partner, which is ASEKOL a.s., at www.asekol.cz/asekol/sberna-mista/.

11. Electronic Registration of Sales

1. Under the Act on Sales Registration, the seller is obliged to issue a receipt to the buyer and at the same time is obliged to register the received revenue with the tax administrator online; in case of a technical failure, no later than within 48 hours.
2. The invoice containing the mandatory data and the receipt according to Act No. 112/2016 Coll., on Sales Registration, will be received by the User in the form of a link to download these documents or as an email attachment. The buyer agrees to this.
3. More information is available on these websites: http://www.etrzby.cz/cs/zakladni-informace-pro-zakazniky

12. Governing Law

1. These Terms and Conditions, as well as the Purchase Contract, are governed by the legal order of the Czech Republic, especially the Civil Code.

13. Effectiveness

1. These Terms and Conditions take effect on November 1, 2019.

22 yrs	Assisting you for 22 years. Thank you you for the opportunity We age with the company like everyone else, but we have energy to spare! :)
	3,200,000 deliveries. Until now, we have made over three million deliveries for our customers and consumers. But we want to do 10x as many in the next few years. We can do it, ... with you. Thank you.
	BEST PRICES. The best prices are with us - our buyers negotiate prices for you on tens of thousands of items, so we can then sell you even a single piece at the fairest price. Anyone can be expensive, we want to do it differently.
	RANGE - more than 480 Asist products in stock. We strive to select the best on the market. Trends, useful features, hit the product that you need in different seasons for the garden, workshop, household. All your projects can be reached easier with Asist Power and hand tools.
	2+1 YEAR WARRANTY - Up to 1 year additional warranty on selected ASIST range. Well, other e-shops charge extra for this. With us, you have it for free.
	STOCK – 8,000 m2. We have one of the largest warehouses in the Czech Republic for HOBBY, HOUSEHOLD, GARDEN range. Imagine the largest Makro or OBI store, and all of it is full of products that we brought just for you. Now we just need to pack it up and send it to you.
	24 HOURS - For most items in stock, we guarantee delivery within 1 business day with our fastest carrier. Thanks to our operation, thanks to our team
	PICK-UP POINTS – We have one of the widest networks of pick-up points in the Czech Republic and we are also very good in Slovakia. Our customer service knows about every single delivery from the moment of ordering until i tis delivered.
	TEAM – We have dozens of people in the team ready to handle everyday routine and non-standard requirements. Logisticians, buyers, salespeople, order support, programmers, accountants, graphic designers, drivers, warehouse workers, and many others. Only with them it is possible!
	Asist is managed by WETRA ČR a.s. (member of the RS WETRA Group)