Terms and Conditions
Introductory clauses
These Terms and Conditions of CAFÉ MAJADA with registered office Na Příkopě 1047/17, Staré Město 110 00 Prague 1, Czech Republic (hereinafter referred to as the Seller) regulate the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract concluded between the Seller and the other party (hereinafter referred to as the Buyer) through the Seller's online store.
The online shop is operated on the website www.cafemajada.eu.
The Terms and Conditions do not apply in cases where the other party is a legal person or a person who orders goods for the purpose of carrying out a business or profession.
The terms and conditions may be agreed upon individually in the purchase contract.
The terms and conditions are part of the purchase contract. The terms and conditions and the contract of sale are drawn up in Czech or English.
The wording of these terms and conditions may be supplemented and amended by the seller. However, this provision does not affect the rights and obligations that arose during the validity of the previous version of these Terms and Conditions.
Customer account and benefits
When registering a customer account, the buyer is obliged to provide all the required information correctly and truthfully, and to update it in case of changes. The information entered by the buyer in the customer account is considered correct.
Access to the customer account is secured by a username and password.
The Buyer may not transfer his account to third parties for use.
The Seller may cancel the customer account if it has been unused for more than twelve months or if the Buyer has breached the Purchase Agreement or the Terms and Conditions.
The Buyer acknowledges that the customer account may not be available continuously, in particular, due to downtime and maintenance of the online shop or the operator of the website.
Conclusion of the purchase contract
The goods displayed in the Seller's online shop are informative. The Seller is not obliged to conclude a purchase contract. Section 1732(2) of the Civil Code shall not apply.
The prices of the products are inclusive of value-added tax and other charges.
The online shop contains information on the costs associated with the packaging and delivery of the goods.
In order to order goods, the buyer is obliged to place the selected goods in the basket, pay the purchase price of the goods, fill in the details of the delivery method and select the delivery method.
The information provided in the order is deemed to be correct. The Seller shall confirm the order to the Buyer by e-mail.
The Seller is entitled to ask the Buyer for additional confirmation of the order, for example by telephone.
The contractual relationship between the Buyer and the Seller is established by the delivery of the order confirmation by e-mail.
The Buyer agrees to the use of electronic means of communication in concluding the purchase contract.
Price of goods and payment terms
The Buyer can pay the value of the order and the cost of delivery of the goods in the following ways: cash-on-delivery payment, online payment with a credit or debit card, or with a bank transfer.
The Seller does not require deposits.
Any discounts granted by the Seller cannot be combined with each other.
The Seller shall issue an invoice to the Buyer on the basis of the Purchase Agreement. The Seller is subject to value-added tax. The Seller shall send this invoice in electronic form after payment of the price of the goods to the Buyer's electronic address.
Withdrawal from the purchase contract
The Buyer acknowledges that, according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from a contract of sale for the supply of goods that have been modified according to the Buyer's wishes or for the Buyer's person, from a contract of sale for the supply of perishable goods, as well as goods that have been irretrievably mixed with other goods after the delivery, from a contract of sale for the supply of goods in sealed packaging that the consumer has removed from the packaging and cannot be returned for hygienic reasons.
In the case of goods that can be withdrawn from purchase, the purchaser has the right to withdraw from the contract of sale under Section 1829(1) of the Civil Code. The time limit for this decision is 14 days from receiving the goods. The withdrawal from the purchase contract must be notified and sent to the seller within this period, i.e. within 14 days. The buyer may send the withdrawal from the purchase contract to the address of the business or by e-mail.
In the event of withdrawal from the purchase contract, the contract shall be canceled. The buyer must return the goods to the seller within 14 days. The Buyer shall bear the costs of returning the goods to the Seller.
In the event of withdrawal from the purchase contract, the Seller shall return the funds to the Buyer in the same manner as it received them from the Buyer. The Seller is not obliged to return the funds to the buyer before the buyer returns the goods, however, the Seller is obliged to return the funds within 14 days after the withdrawal from the purchase contract is made.
The Seller shall have the right to set off any claim for damages to the goods against the Buyer's claim for a refund of the purchase price.
The Seller shall be entitled to withdraw from the Purchase Contract until the Buyer has taken delivery of the goods. In this case, the seller shall return the funds to the buyer without cash.
In case a gift is provided to the buyer together with the purchased goods, then this gift contract contains a resolutive condition - if the buyer withdraws from the purchase contract, then this gift contract is terminated and the buyer is obliged to return the gift received to the seller.
Transport and delivery of goods
If the method of transport is agreed upon individually according to the buyer's request, then the Buyer bears the risk and additional costs associated with this method of transport.
The transport prices are valid according to the current price list.
The Buyer can choose the method of delivery with the following companies: Zásilkovna, Czech Post (Balík na poštu), and DHL. The Buyer can also choose to collect the purchased goods at the Seller's pick-up point (Ztracená 4, 77900, Olomouc, the Czech Republic.)
If the seller is obliged to deliver the goods to the place specified by the buyer, then the buyer is to take delivery of the goods.
If, for reasons on the part of the Buyer, it is necessary to deliver the purchased goods repeatedly or in an altered manner, then the Buyer is obliged to pay the costs incurred in this connection.
If the packaging of the goods delivered is damaged on delivery and there is reason to believe that the contents have been tampered with, the buyer is not obliged to accept the delivery.
Further rights and obligations of the Seller and the Buyer are governed by the Delivery Conditions.
Rights arising from defective performance
The rights and obligations of the buyer and seller are governed by the regulations of the Czech Republic, in particular the provisions of Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code.
The Seller shall be liable for the fact that the goods are free from any defects upon receipt.
If a defect in the goods becomes apparent within 180 days after receipt, the goods shall be deemed to be defective from the time of receipt.
The Buyer must exercise the rights of defective performance at the Seller's place of business where the claim can be accepted. The Seller is obliged to issue a written confirmation of the exercise of this right, the content of the claim and the required method of settlement of the claim. The Seller must also confirm the date and method of settlement of the claim and, in the event of rejection of the claim, a written justification.
Other arrangements
The buyer acquires ownership rights upon payment of the full purchase price of the goods.
The Seller provides out-of-court handling of consumer complaints by means of an electronic address. The Seller sends information about the settlement to the Buyer's electronic address.
The Buyer has the right to settle any disputes out of court with the Czech Trade Inspection.
The costs associated with the out-of-court settlement of consumer disputes shall be borne individually by the buyer and the seller.
The Seller sells its goods on the basis of a trade licence. Controls are carried out by the Trade Licensing Office, the Office for Personal Data Protection and the Czech Trade Inspection Authority.
The Buyer hereby assumes the risk of change of circumstances within the meaning of § 1765 (2) of the Civil Code.
GDPR
The buyer agrees to the processing of his personal data, in particular: name and surname, home address, identification number, tax identification number, e-mail address, and telephone number.
The buyer agrees to the processing of this data for the implementation of rights and obligations under the purchase contract, sending information and commercial communications to the buyer.
The Buyer is obliged to provide these data correctly and truthfully.
The Buyer confirms that the data provided is accurate and voluntarily provided.
Commercial communications
The Buyer consents to the sending of information and commercial communications related to the Seller's goods, services or activities to the Buyer's electronic address.
The Buyer consents to the storage of cookies on his/her digital devices.
Final clauses
The relationship based on the Purchase Agreement is governed by Czech law, even in the case of shipment abroad.
The invalidity or ineffectiveness of one clause does not affect the validity of the other clauses.
The contract of sale is archived electronically.
The Seller's contact details are as follows:
Café Majada s.r.o.
Na Příkopě 1047/17, Staré Město
110 00 Prague 1, Czech Republic
info@cafemajada.eu
Addressee: Na Příkopě 1047/17, Staré Město 110 00 Prague 1, Czech Republic
Filing a claim
|
Date of conclusion of the Contract: |
|
|
Name and surname: |
|
|
Address: |
|
|
E-mail address: |
|
|
Goods that are the subject of the complaint: |
|
|
Description of defects: |
|
|
Suggested method of processing the complaint: |
|
At the same time I ask for a confirmation of the claim stating when I exercised this right, what is the content of the claim together with my claim including the date and method of settlement of the claim.
Date:
Signature:
Addressee: Na Příkopě 1047/17, Staré Město 110 00 Prague 1, Czech Republic
I hereby declare that I withdraw from the Contract:
|
Date of conclusion of the Contract: |
|
|
Name and surname: |
|
|
Address: |
|
|
E-mail address: |
|
|
Goods included in the Contract: |
|
|
The method for reimbursement of the funds received, including, where applicable, the bank account number: |
|
If the Buyer is a consumer, he/she has the right to withdraw from the already concluded purchase contract within 14 days from the date of receipt of the goods, without giving any reason and without any penalty, if he/she has ordered the goods via the e-shop of Café Majada or other means of distance communication, except for the cases referred to in Section 1837 of Act No. 89/2012 Coll., the Civil Code, as amended. The Buyer shall notify the Company of such withdrawal in writing to the Company's business address or electronically to the e-mail address indicated on the sample form.
If the consumer purchaser withdraws from the contract of sale, he shall send or hand over to the Company the goods he has received from the Company without undue delay, but not later than 14 days after the withdrawal from the contract of sale.
If the consumer purchaser withdraws from the purchase contract, the Company shall refund to the consumer, without undue delay and no later than 14 days after the withdrawal from the purchase contract, all funds (the purchase price of the delivered goods) including delivery costs received from the consumer under the purchase contract in the same manner. If the Buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Company, the Company shall refund the Buyer the cost of delivery only in the amount corresponding to the cheapest method of delivery offered. The Company shall not be obliged to return the funds received to the Buyer before the Buyer has handed over the goods to the Company or proved that the goods have been dispatched to the Company.
Date:
Signature: