Terms and Conditions
the business company Sabores s.r.o.
with registered office at Praha 3, Nad Ohradou 13/2632, 13000
company ID: 28191340
registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 131774
for the sale of goods through the online store located at the internet address:
https://www.edelikatesy.cz
- INTRODUCTORY PROVISIONS
These terms and conditions (hereinafter the "terms and conditions") of the business company Sabores s.r.o., with registered office at Praha 3, Nad Ohradou 13/2632, 13000, company ID: 28191340, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 131774 (hereinafter the "seller") govern, in accordance with the provision of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase agreement (hereinafter the "purchase agreement") concluded between the seller and another natural person (hereinafter the "buyer") through the seller's online store. The online store is operated by the seller on a website located at the internet address (hereinafter the "website"), through the website interface (hereinafter the "store's web interface").
The terms and conditions do not apply to cases where a person intending to purchase goods from the seller is a legal entity or a person acting when ordering goods within the scope of their business activity or within the scope of their independent exercise of a profession.
Provisions deviating from the terms and conditions may be agreed upon in the purchase agreement. Deviating arrangements in the purchase agreement take precedence over the provisions of the terms and conditions.
The provisions of the terms and conditions form an integral part of the purchase agreement. The purchase agreement and the terms and conditions are drawn up in the Czech language. The purchase agreement can be concluded in the Czech language.
The seller may amend or supplement the wording of the terms and conditions. This provision does not affect rights and obligations arising during the period of validity of the previous wording of the terms and conditions.
- USER ACCOUNT
Based on the buyer's registration made on the website, the buyer may access their user interface. From their user interface, the buyer can place orders for goods (hereinafter the "user account"). If the store's web interface allows it, the buyer may also place orders for goods without registration, directly from the store's web interface.
When registering on the website and when ordering goods, the buyer is obliged to state all information correctly and truthfully. The buyer must update the information stated in the user account whenever it changes. The information stated by the buyer in the user account and when ordering goods is considered correct by the seller.
Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their user account.
The buyer is not authorized to allow third parties to use the user account.
The seller may cancel the user account, in particular in cases where the buyer does not use their user account for more than 2 years, or in cases where the buyer breaches their obligations under the purchase agreement (including the terms and conditions).
The buyer acknowledges that the user account may not be available continuously, particularly with regard to necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of third parties' hardware and software equipment.
- CONCLUSION OF THE PURCHASE AGREEMENT
Any presentation of goods placed in the store's web interface is of an informative nature and the seller is not obliged to conclude a purchase agreement regarding such goods. The provision of Section 1732(2) of the Civil Code does not apply.
The store's web interface contains information about the goods, including the prices of individual goods and the costs of returning goods if, by their nature, the goods cannot normally be returned by post. The prices of the goods are stated including value added tax and all related fees. The prices of the goods remain valid for as long as they are displayed in the store's web interface. This provision does not limit the seller's ability to conclude a purchase agreement under individually negotiated terms.
The store's web interface also contains information about the costs associated with packaging and delivery of the goods. The information about the costs associated with packaging and delivery of the goods stated in the store's web interface is valid only in cases where the goods are delivered within the territory of the Czech Republic.
To order goods, the buyer fills out an order form in the store's web interface. The order form contains in particular information about:
the ordered goods (the buyer "adds" the ordered goods to the electronic shopping cart of the store's web interface),
the method of payment of the purchase price of the goods, information on the requested method of delivery of the ordered goods, and
information about the costs associated with the delivery of the goods (hereinafter jointly the "order").
Before sending the order to the seller, the buyer is allowed to check and change the information they have entered into the order, including with regard to the buyer's ability to identify and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking the "Confirm Order" button. The information stated in the order is considered correct by the seller. The seller shall confirm receipt of the order to the buyer immediately upon receipt by electronic mail, to the buyer's email address stated in the user account or in the order (hereinafter the "buyer's electronic address").
The seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example in writing or by telephone).
The contractual relationship between the seller and the buyer arises upon delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by electronic mail, to the buyer's email address.
The buyer agrees to the use of remote means of communication when concluding the purchase agreement. Costs incurred by the buyer when using remote means of communication in connection with the conclusion of the purchase agreement (costs of internet connection, costs of telephone calls) are borne by the buyer themselves, and these costs do not differ from the basic rate.
- PRICE OF GOODS AND PAYMENT TERMS
The buyer may pay the seller the price of the goods and any costs associated with the delivery of the goods under the purchase agreement in the following ways:
in cash at the seller's premises at Vyšehradská 6, Praha 2;
in cash on delivery (cash on collection) at the place specified by the buyer in the order;
by bank transfer to the seller's account No. 115-1493950227/0100, held with Komerční banka a.s. (hereinafter the "seller's account");
by non-cash payment through the GoPay payment system;
by non-cash payment card;
Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
The seller does not require a deposit or other similar payment from the buyer. This does not affect the provision of Article 4.6 of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.
In the case of cash payment or cash on delivery, the purchase price is due upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 7 days of the conclusion of the purchase agreement.
In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's account.
The seller is entitled, in particular in the event that the buyer does not provide additional confirmation of the order (Article 3.6), to request payment of the full purchase price before the goods are dispatched to the buyer. The provision of Section 2119(1) of the Civil Code does not apply.
Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
If it is customary in business dealings or if generally binding legal regulations so provide, the seller shall issue a tax document - an invoice - to the buyer regarding payments made under the purchase agreement. The seller is a VAT payer. The seller shall issue the tax document - invoice - to the buyer after payment of the price of the goods and shall send it electronically to the buyer's email address.
Under the Sales Registration Act (Act on Registration of Sales), the seller is obliged to issue a receipt to the buyer. At the same time, it is obliged to register the received sale with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.
- WITHDRAWAL FROM THE PURCHASE AGREEMENT
The buyer acknowledges that, pursuant to the provision of Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a purchase agreement for the supply of goods that have been modified according to the buyer's wishes or for their person, from a purchase agreement for the supply of goods that are subject to rapid spoilage, as well as goods that have been irretrievably mixed with other goods after delivery, from a purchase agreement for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygiene reasons, and from a purchase agreement for the supply of an audio or video recording or computer program if the original packaging has been damaged.
Unless it is a case referred to in Article 5.1 of the terms and conditions or another case where it is not possible to withdraw from the purchase agreement, the buyer has, in accordance with the provision of Section 1829(1) of the Civil Code, the right to withdraw from the purchase agreement within fourteen (14) days of receiving the goods, whereby in the case that the subject of the purchase agreement is several types of goods or delivery of several parts, this period runs from the day of receipt of the last delivery of goods. The withdrawal from the purchase agreement must be sent to the seller within the period stated in the previous sentence. For withdrawal from the purchase agreement, the buyer may use the model form provided by the seller, which forms an appendix to the terms and conditions. The buyer may send the withdrawal from the purchase agreement, among other things, to the address of the seller's premises or to the seller's email address.
In the event of withdrawal from the purchase agreement pursuant to Article 5.2 of the terms and conditions, the purchase agreement is cancelled from the beginning. The goods must be returned by the buyer to the seller within fourteen (14) days of the delivery of the withdrawal from the purchase agreement to the seller. If the buyer withdraws from the purchase agreement, the buyer bears the costs associated with returning the goods to the seller, even in the event that the goods cannot be returned by the usual postal route due to their nature.
In the event of withdrawal from the purchase agreement pursuant to Article 5.2 of the terms and conditions, the seller shall return the funds received from the buyer within fourteen (14) days of the buyer's withdrawal from the purchase agreement, in the same manner in which the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer already upon return of the goods by the buyer or in another manner, if the buyer agrees to this and no additional costs are incurred by the buyer as a result. If the buyer withdraws from the purchase agreement, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or proves that the goods have been sent to the seller.
The seller is entitled to unilaterally offset the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.
In cases where the buyer has the right, in accordance with the provision of Section 1829(1) of the Civil Code, to withdraw from the purchase agreement, the seller is also entitled to withdraw from the purchase agreement at any time, until the goods are taken over by the buyer. In such a case, the seller shall return the purchase price to the buyer without undue delay, by non-cash transfer to an account specified by the buyer.
If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with a condition subsequent that, should the buyer withdraw from the purchase agreement, the gift agreement regarding such a gift shall cease to be effective and the buyer is obliged to return the gift provided together with the goods to the seller.
- TRANSPORT AND DELIVERY OF GOODS
If the method of transport is agreed upon based on a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
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 over the goods upon delivery.
If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a manner other than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or the costs associated with another method of delivery.
Upon receipt of the goods from the carrier, the buyer is obliged to check that the packaging of the goods is intact and, in the event of any defects, to notify the carrier immediately. If the packaging shows signs of unauthorized entry into the shipment, the buyer need not accept the shipment from the carrier.
Other rights and obligations of the parties in the transport of goods may be governed by the seller's special delivery terms, if issued by the seller.
- RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (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).
The seller warrants to the buyer that the goods are free of defects upon receipt. In particular, the seller warrants to the buyer that at the time the buyer received the goods:
the goods have the characteristics agreed upon by the parties, and in the absence of such agreement, have the characteristics described by the seller or manufacturer or expected by the buyer with regard to the nature of the goods and based on the advertising carried out by them,
the goods are suitable for the purpose stated by the seller for their use or for the purpose for which goods of this kind are usually used,
the goods correspond in quality or workmanship to the agreed sample or template, if the quality or workmanship was determined according to an agreed sample or template,
the goods are in the appropriate quantity, measure, or weight, and
the goods comply with the requirements of legal regulations.
The provisions stated in Article 7.2 of the terms and conditions do not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear of the goods caused by their normal use, in the case of used goods to a defect corresponding to the degree of use or wear the goods had upon receipt by the buyer, or if it follows from the nature of the goods.
If a defect becomes apparent within six months of receipt, it is presumed that the goods were already defective upon receipt. The buyer is entitled to exercise the right arising from a defect that occurs in consumer goods within twenty-four months of receipt.
The buyer exercises rights arising from defective performance with the seller at the address of the seller's premises where the acceptance of a complaint is possible with regard to the range of goods sold, or alternatively at the registered office or place of business.
Other rights and obligations of the parties related to the seller's liability for defects may be governed by the seller's complaints procedure.
- OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
The buyer acquires ownership of the goods upon payment of the full purchase price of the goods.
The seller is not bound by any codes of conduct in relation to the buyer within the meaning of the provision of Section 1826(1)(e) of the Civil Code.
The seller handles consumer complaints through the email address info@edelikatesy.cz. The seller shall send information about the resolution of the buyer's complaint to the buyer's email address.
The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Praha 2, Company ID: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from the purchase agreement. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr may be used to resolve disputes between the seller and the buyer arising from the purchase agreement.
The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Praha 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point pursuant 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 ODR).
The seller is authorized to sell goods on the basis of a trade license. Trade licensing inspections are carried out within its competence by the relevant trade licensing office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, within a defined scope, among other things, supervision of compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
The buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
- PROTECTION OF PERSONAL DATA
The seller fulfills its information obligation towards the buyer within the meaning of Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter the "GDPR"), related to the processing of the buyer's personal data for the purposes of performing the purchase agreement, for the purposes of negotiating the purchase agreement, and for the purposes of fulfilling the seller's public law obligations, through a separate document.
- SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
The buyer agrees, within the meaning of the provision of Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendment to Certain Acts (the Act on Certain Information Society Services), as amended, to the sending of commercial communications by the seller to the buyer's email address or telephone number. The seller fulfills its information obligation towards the buyer within the meaning of Article 13 of the GDPR related to the processing of the buyer's personal data for the purposes of sending commercial communications through a separate document.
The buyer agrees to the storage of so-called cookies on their computer. In the event that a purchase on the website can be made and the seller's obligations under the purchase agreement can be fulfilled without the storage of so-called cookies on the buyer's computer, the buyer may revoke the consent under the previous sentence at any time.
- DELIVERY
Delivery to the buyer may be made to the buyer's email address.
- FINAL PROVISIONS
If the relationship established by the purchase agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. The choice of law pursuant to the previous sentence does not deprive the buyer, who is a consumer, of the protection afforded to them by the provisions of the legal order from which no contractual deviation is possible and which would otherwise apply in the absence of a choice of law pursuant to the provisions of Article 6(1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
If any provision of the terms and conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning comes as close as possible to that of the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
The purchase agreement, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
The appendix to the terms and conditions consists of a model form for withdrawal from the purchase agreement.
Seller's contact information: delivery address Sabores s.r.o., Vyšehradská 6, Praha 2, 12000, email address info@edelikatesy.cz, telephone 777 771 409.
Prague, 18 May 2018