Terms and Conditions
General Business Terms
I. Initial Provisions
1) These business terms (hereinafter only as "business terms") of the business company The Food Experience, s.r.o., ID No: 289 547 18, seated at Praha 1, Staré Město, Haštalská 1072/6, post code 110 00, recorded in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 155578 (hereinafter only as "the seller") govern the rights and obligations of contractual parties relating to or arising from purchase contract (hereinafter only as "purchase contract") concluded between seller and natural or legal person (hereinafter only as "the buyer") via internet shop of the seller. Internet shop is run by the seller at internet address www.vinovyhodne.cz through web interface (hereinafter only as "web shop interface"). Business terms furthermore govern rights and obligations of contractual parties related to use of seller's web site at the address www.vinovyhodne.cz (hereinafter only as "web site") and other related legal relations. Business terms do not apply in cases when a person purchasing goods from the seller acts as entrepreneur.
2) Provisions different from business terms can be stipulated only in writing in purchase contract. Such provisions of purchase contract shall apply prior to business terms.
3) Business terms constitute part of purchase contract. Purchase contract and business terms are in Czech wording. Purchase contract can be concluded in Czech.
4) The seller can at any time change or amend business terms. Rights and obligations constituted prior to such a change or amendment are governed by business terms valid in time of their constitution.
II. User Account
1) Order of goods can be made directly from web shop interface without registration or based on registration of the buyer through user account.
2) The buyer is responsible for correctness, rightness and completeness of information stated in order and during registration on web site. In case that the buyer states incorrect, false or incomplete information, he/she shall bear related costs as well as responsibility for damage.
3) Access to user account is secured by user name and password. The buyer is obliged to keep access information to his/her user account confidential and is aware that the seller is not responsible for breach of this obligation by the buyer.
4) The buyer is not entitled to allow access and use of his/her user account to third parties.
5) The seller reserves the right to cancel user account at any time, especially in case that the buyer does not use his/her user account longer than 90 days.
6) The seller does not bear responsibility for functioning of user account and reserves the right to restrict its availability, especially for necessary maintenance of the seller's hardware and software equipment.
III. Conclusion of Purchase Contract
1) Web shop interface contains list of goods offered by the seller including prices of offered goods. Prices of offered goods include value added tax and all related fees. Costs for packing and transport of goods are not comprised in purchase price.
2) For order of goods the buyer shall fill in order form on web shop interface which contains the following information: specification of ordered goods (the seller shall "put" ordered goods to electronic shopping cart of web shop interface), purchase price and way of payment for ordered goods, delivery address and other information concerning required way of delivery and
information about costs related to delivery of ordered goods (hereinafter only as "order").
3) Before sending order to the seller, the buyer is obliged to check information stated in order. The buyer is liable for correctness, rightness and completeness of this information. The buyer sends order to the seller by click on key "SEND". After having received order the seller shall confirm its receipt to email address stated by the buyer in buyer's web shop interface or in order. Purchase contract is concluded by receipt of order by the seller.
4) Depending on character of order (quantity of goods, purchase price, expected transfer costs) the seller is entitled to ask the buyer for additional confirmation of order.
5) The buyer is aware that the seller is not obliged to conclude purchase contract, especially with persons who have previously breached purchase contract (including business terms). The seller further reserves the right to cancel order or its part in the following cases: goods are no longer manufactured or supplied, price for goods on the web site has obviously been incorrect and regarding all circumstances the buyer should have known that it has been mistaken. In case that the buyer has already paid part or whole purchase price, this amount shall be transferred back to his/her account.
6) The buyer agrees with use of means for distance communication for conclusion of purchase contract. The buyer shall bear all costs related to conclusion of purchase contract which shall arise from use of means of distance communication.
IV. Price for Goods and Payment Conditions
1) Price for goods and costs relating to delivery of goods according to purchase contract paid by the buyer can be paid to the seller by one of the following means:
Cash on Delivery
Non-cash by credit card
2) The buyer is obliged to pay purchase price within 10 days upon conclusion of purchase contract. Together with purchase price the buyer is also obliged to pay to the seller costs related to packing and delivery of goods.
3) In case of payment by non-cash transfer to the seller's account the seller is obliged to submit variable symbol of payment which corresponds to number of order assigned by the seller.
4) The buyer's obligation to pay purchase price is fulfilled at the moment when the respective amount is credited to the seller's account. The buyer acquires ownership to goods by payment of the whole purchase price.
5) Upon payment of the whole purchase price, the seller shall send goods to the address stated by the buyer. The seller undertakes to deliver goods within 15 days upon payment of purchase price at the latest. The buyer is aware that ordered goods can be delivered successively due to the fact that the seller supplies goods to customers either directly from the Czech Republic or from Italy. Place where goods are located at the moment of order and expected time of delivery of goods will be advised to the buyer before termination of order.
6) Sales on price of goods provided by the seller cannot be combined.
7) Based on express written request of the buyer the seller is obliged to send to the buyer' s address written invoice.
V. Withdrawal from Purchase Contract
1) The buyer is entitled to withdraw from purchase contract within 14 days upon take-over of goods. Withdrawal from purchase contract must be delivered to the seller within 14 days upon take-over of goods.
2) The buyer is aware of the fact that withdrawal from purchase contract is not possible if goods have been modified according to the buyer's requirements.
3) In case of withdrawal purchase contract is cancelled from the beginning. Undamaged and not used goods in original packing and with all labels must be returned to the seller within 14 days upon sending withdrawal to the seller.
4) In 14 days upon return of goods by the seller the buyer is entitled to inspect returned goods, especially to inspect if returned goods are not damaged or used.
5) In case of withdrawal the seller will return purchase price to the buyer within 14 days upon termination of period for inspection of goods, but at the latest within 30 days upon delivery of withdrawal from purchase contract to the seller.
6) The buyer is aware that if returned goods will be damaged or used, the seller has right to compensation of such damage. The seller's claim for payment of such damage can be set against the buyer's claim for return of purchase price.
VI. Transportation and Delivery of Goods
1) The seller assigns means of delivery of goods. In case that means of transport are stipulated based on special requirements of the buyer, the buyer bears related risk and additional costs.
2) If the seller is according to purchase contract obliged to deliver goods to the address stated by the buyer in order, the buyer is obliged to take over goods at the moment of delivery. If the buyer will not take over goods at the moment of delivery, the seller is entitled to request fee for storage in the amount of 20,-CZK (in words: twenty Czech crowns) per each day. The seller is in this case entitled to withdraw from the purchase contract.
3) In case that it is necessary to deliver goods repeatedly or by different means than stated in order due to the reasons on the buyer's side, the buyer is obliged to pay costs related to repeated delivery of goods, or alternatively costs related to different means of transportation.
4) Before take-over of goods the buyer is obliged to inspect whether packing of goods is undamaged and in case of any damages immediately inform the seller or shipper. By signing delivery warrant the buyer confirms package has not been damaged.
5) The seller bears risks of damage on goods during shipping, especially risks of alteration, stealing or loss. At the moment of delivery risks of damage on goods cede to the buyer.
VII. Responsibility for Defects, Guarantee
1) Rights and obligations of contractual parties regarding the seller's liability for defects, including the seller's warranty responsibility is governed by respective provisions of generally binding rules (especially by art. § 612 and cons. of the Civil Code).
2) The seller is liable that purchased goods are in accordance with purchase contract, especially that purchased goods are without defects. In case that purchased goods are not in accordance with purchase contract, the buyer has the right that the seller free of charge and immediately repairs or changes goods according to the buyer's requirements; if such steps are not possible, the buyer can require adequate price reduction or to withdraw from purchase contract. This provision does not apply if the buyer has known about discrepancy from purchase contract before take-over of goods or has caused discrepancy from purchase contract himself/herself. Discrepancy from purchase contract which occurs within 6 months upon take-over of goods is considered as discrepancy existing at the moment of take- over of goods, unless otherwise proved.
3) The seller is responsible for defects which will occur as discrepancy from purchase contract during guarantee period. Guarantee period is 24 months upon take-over of goods by the buyer.
4) The buyer will claim rights arising from the seller's liability for defects, including guarantee responsibility of the seller, at the seller's address Haštalská 1072/6, 110 00 Praha 1. As moment of complaint is considered the moment when the buyer returns goods to the seller.
VIII. Other Rights and Obligations of Contractual Parties
1) The buyer is aware that software and all components constituting web shop interface (including photos of offered goods, text content and design of web sites, logo etc.) are protected by authorial rights and other intellectual property rights. The buyer undertakes that he/she will not perform any activity which should enable to him/her or to third persons without authorization to infringe or use software or its components constituting web shop interface. Their reproduction or other use without prior express approval of the seller are forbidden and shall be punished according to respective rules of civil and penal law including compensation of damage.
2) When using web shop interface, the buyer is not entitled to use mechanisms, software or other technique which should have negative impact on functioning of web shop interface. Web shop interface can be used only in scope which is not to the detriment of other customers of the seller and which is in accordance with its purpose.
3) The buyer is aware that the seller is not responsible for defects occurred due to interventions of thirds persons to web site or due to use of web site in contradiction to its purpose, not even for content of web sites of third persons, to which links are placed at the seller's web site.
IX. Personal Data Protection
1) Protection of personal data of the buyer who is natural person is provided by Act No. 101/2000 Coll., on protection of persona data, as amended. The buyer agrees with treatment of his/her personal data by the seller for purposes of purchase contract, administration of user account and for purposes of sending business information to the buyer. The buyer agrees with sending of business information relating to goods, services or enterprise of the seller to the buyer's electronic address and further agrees with sending of business information by the seller to the buyer's electronic address.
2) The buyer is aware that he/she is obliged to state his/her personal data (during registration, in his/her user account, in order) correctly and truly and is obliged to inform the seller on any change of his/her personal data without delay. The buyer at the same time confirms that provided personal data are exact and that he/she has been advised that personal data are provided voluntarily.
3) Personal data will be treated for indefinite period of time. Personal data will be administrated in electronic form automatically or in printed form non-automatically. For administration of the buyer's personal data the seller can use third persons. However without prior permission of the buyer the seller is not entitled to provide the buyer's personal data to third persons excluding the shipper.
4) If the buyer requires information on treatment of his/her personal data, the seller is obliged to provide him/her this information. The seller has in this case right to adequate fee not exceeding costs needed for provision of information.
The buyer can at any time withdraw his/her permission with administration of his/her personal data by written notice delivered to the seller's seat.
All documents concerning purchase contract must be delivered to other contractual party in writing, by electronic mail, personally or by registered mail (depending on sender's choice).
XI. Final Provisions
1) The seller is entitled to cede any and all rights and obligations arising from purchase contract to third persons. The seller is obliged to inform the buyer without delay about assignment of rights and obligations arising from purchase contract.
2) Purchase contract including business terms is governed by the Czech law. The buyer is aware and agrees that all disputes concerning purchase contract including business terms will be solved by respective court of the Czech Republic.
3) If any provision of business terms is or will become void or inefficient, it does not influence validity and efficiency of other provisions of business terms. Changes and amendments of purchase contract or business terms must be in writing.
4) Purchase contract including business terms is archived by the seller in electronic form and is not accessible.
5) Contact details of the seller: The Food Experience s.r.o., delivery address Haštalská 1072/6, 110 00 Prague 1, electronic mail address email@example.com, phone 777 773 801.