General Terms and Conditions

These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) apply to contracts concluded through the GOURMET KÁVA online store located on the web interface www.gourmetkava.cz/en/ (hereinafter referred to as the “web interface”) between

our company

GourmetKava s.r.o.,
with its registered office at Dagmar Burešové 2925/10, 13000 Prague,
Company ID No.: 037 24 034, VAT ID: CZ03724034

Delivery address:
GourmetKava s.r.o., Mánesova 49, 120 00 Prague 2
Contact e-mail: [email protected]

as the seller

and you as the buyer

1. INTRODUCTORY PROVISIONS

Under the purchase contract, we undertake to deliver to you the goods specified in the order, and you undertake to accept such goods (either personally or from the carrier) and pay us the purchase price (or simply the “price”), including the costs associated with delivery of the goods and any fees related to the chosen payment method, as specified in the order.
Unless otherwise agreed between us, the subject of the purchase contract is not recurring performance in the form of a coffee subscription (hereinafter also referred to as “regular subscription”), i.e. our obligation to deliver goods to you repeatedly at an agreed time interval and your obligation to pay us the purchase price for each individual delivery of goods.

You acquire ownership of the goods by paying the full purchase price, but not before you take delivery of the goods.

1.1. Does the purchase contract apply only to goods?

A purchase contract (or simply a “contract”) means any contract concluded under these Terms and Conditions. It may therefore also be, for example, a contract for the provision of services.

1.2. Is the purchase contract a consumer contract?

It is a consumer contract if you are a consumer, i.e. if you are a natural person and you purchase goods outside the scope of your business activity or outside the scope of the independent exercise of your profession. Otherwise, it is not a consumer contract and consumer protection under legal regulations and these Terms and Conditions does not apply to you. In particular, as a non-consumer you do not have the right to withdraw from the contract without giving a reason.

1.3. What special rights do you have as a consumer?

As a consumer, you primarily have:

- the right to withdraw from a contract concluded using means of distance communication, such as telephone, e-mail or an online store (Article 5 of these Terms and Conditions);

- rights arising from the warranty for goods, the conditions and exercise of which are governed by the Complaints Procedure;

- the right to receive information before concluding the contract (the information is contained in these Terms and Conditions or on the web interface);

- the right to out-of-court settlement of a consumer dispute arising from the contract (Article 7.3 of these Terms and Conditions).

1.4. What governs our legal relationship?

Our legal relationship is governed by the following documents:

- these Terms and Conditions, which define and specify our mutual rights and obligations;

- the Complaints Procedure, according to which we will proceed when handling complaints about goods;

- the Terms of Use of the web interface, which regulate the protection of your personal data, protection of the content of the web interface and certain other relations related to the use of the web interface;

- the terms and instructions stated on the web interface, especially when concluding the contract;

- the order and its acceptance by us,

and, in matters not regulated herein, also by the following legal regulations:

- Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”);

- Act No. 634/1992 Coll., on Consumer Protection, as amended (only if you are a consumer).

If your residence or registered office is located outside the Czech Republic, or if our legal relationship contains another international element, you acknowledge that our relationship is governed by Czech law. If you are a consumer and the legal order of your country of residence provides a higher level of consumer protection than the Czech legal order, you will be provided with this higher level of protection in legal relationships.

1.5. How do you express your consent to the Terms and Conditions?

By sending the order and also by confirming it in the web interface, you confirm that you have read these Terms and Conditions and agree with them.

We may amend or supplement the wording of the Terms and Conditions. Your rights and obligations are always governed by the wording of the Terms and Conditions effective at the time they arose.

2. PURCHASE CONTRACT

2.1. How do we conclude a purchase contract?

The web interface contains a list of goods, including a description of the main characteristics of individual items. For each item, the price is stated including all taxes, customs duties and fees. The presentation of goods is for informational purposes only and does not constitute our proposal to conclude a contract within the meaning of Section 1732(2) of the Civil Code. To conclude a contract, you must send an order and the order must be accepted by us.

The purchase contract is concluded only at the moment the goods are dispatched to the buyer or by express confirmation of dispatch of the order by the seller.

Automatic confirmation of receipt of the order into the system does not constitute acceptance of the order or conclusion of the purchase contract.

Payment of the order by the buyer before the purchase contract is concluded is considered an advance payment.

2.2. How to place an order?

You can always place an order through the web interface (by filling in the form), or also by telephone, e-mail or another method that we allow according to the current information stated on the web interface. You can place an order to conclude a purchase contract for a regular subscription using the form located on the web interface. An e-mail message sent by us informing you of the possibility of a regular subscription is not our proposal to conclude such a contract.

The order must contain all information prescribed in the form, especially the exact designation of the ordered goods (or numerical designation of the goods), quantity, chosen payment and delivery method, and your contact details (delivery and, where applicable, billing details).

Before bindingly sending the order, you will be shown an order summary including the final price (depending on the chosen delivery and payment method). We recommend checking especially the type and quantity of goods, e-mail address and delivery address. Within the summary, you have the last opportunity to change the entered data.

You place a binding order by pressing the “Confirm order/Pay with Bitcoin” button. We consider the data stated in the binding order to be correct and complete. Please inform us of any change without delay by telephone or e-mail.

We will inform you about receiving the order. The information (confirmation) about receipt of the order is sent automatically and does not constitute acceptance of the order by us unless expressly stated in the confirmation.

If we have doubts about the authenticity or seriousness of the order, we may contact you to verify it. We may refuse an unverified order. Such an order is then regarded as if it had not been placed.

2.4. Can you cancel an already sent order?

An order that we have not yet accepted (i.e. you have not been sent acceptance of the order by us pursuant to Article 2.3 of these Terms and Conditions) may be cancelled by telephone or e-mail. All orders accepted by us are binding. Later cancellation of an order is possible only by agreement with us. If an order for goods from which it is not possible to withdraw from the contract is cancelled in this way (more details in Article 5), we are entitled to reimbursement of costs already incurred in connection with the contract.

2.5. Can the price stated on the web interface change?

The prices of the presented goods and the prices for packaging, transport and delivery remain valid for as long as they are displayed on the web interface. Any discounts on the price of goods cannot be combined with each other unless expressly stated otherwise on the web interface.

If there has been an entirely obvious technical error on our part when stating the price of goods on the web interface or during ordering, we are not obliged to deliver the goods to you at this entirely obviously incorrect price, even if you have been sent acceptance of the order under these Terms and Conditions. In such a case, we reserve the right to withdraw from the contract.

If the price stated for goods on the web interface or during ordering is no longer current, we will notify you of this fact without delay. If your order has not yet been accepted, we are not obliged to conclude the contract.

Orders already sent are not affected by a price change that occurred in the meantime between sending the order and its acceptance by us pursuant to Article 2.3 of these Terms and Conditions.

2.6. In what languages can the contract be concluded?
The contract may be concluded in Czech unless we expressly agree on another language.

2.7. Do you have the option to obtain the contract in text form?

The contract is not concluded in writing with signatures of the contracting parties. The contract consists of these Terms and Conditions, your order and its acceptance by us. The entire contract will be sent to you by e-mail or, at your request, printed and sent by post. When sending by post, we may ask you to pay the related costs.

2.8. Is the contract stored somewhere?
We archive the contract (including these Terms and Conditions) in electronic form. The contract is not accessible to third parties, but we will send it to you upon request.
2.9. What if you do not understand something in the contract?

If you have any questions about the Terms and Conditions or the contract, you can contact us by telephone or e-mail. We will gladly provide you with all necessary information.

3. PAYMENT TERMS

3.1. What payment methods do we accept?

You can pay the purchase price primarily in the following ways:

- in cash when goods are sent cash on delivery or when collecting goods personally at pickup points, or when collecting personally at contact points of the Zásilkovna network;

- cashlessly before delivery of the goods by bank transfer to our bank account (instructions will be provided in the order confirmation);

- cashlessly by card payment in advance;

- by virtual currency Bitcoin cashlessly through the BitPay payment system.

Any additional payment methods are stated on the web interface.

Some payment methods (especially cash on delivery) may be subject to additional charges. These fees are stated on the web interface. The order will always state the final price, which already includes fees related to the chosen payment method.

3.2. Processing of payments made in the virtual currency Bitcoin

Payments for goods in the virtual currency Bitcoin are made through the BitPay payment system. Conversion from Czech crowns or euros to the virtual currency Bitcoin will be calculated according to the current exchange rate of the virtual currency Bitcoin by BitPay.

As a consumer paying with the virtual currency Bitcoin, you acknowledge the risks associated with payment in the virtual currency Bitcoin, especially the significant volatility of the exchange rate of the virtual currency Bitcoin. The decisive price is the price of the goods stated in Czech crowns. Therefore, a smaller amount of Bitcoin virtual currency may be refunded to you than the amount of virtual currency debited from your Bitcoin account and paid as the purchase price. The amount of Bitcoin virtual currency to be refunded to you will be determined depending on the BitPay exchange rate.

3.3. When is the purchase price due?

In the case of payment in cash, the price is due upon receipt of the goods. In the case of cashless payment before delivery of the goods, the price is due within five days of acceptance of the order pursuant to Article 2.3. Your obligation to pay the price is fulfilled in the case of cashless payment at the moment the relevant amount is credited to our account.

3.4. In what currency can you pay?

Payment for goods is possible in Czech crowns (CZK), euros (EUR) or in the virtual currency Bitcoin (BTC). The price stated in Czech crowns is decisive for determining the final price.

3.5. When can we require an advance payment or payment in advance?

We may require an advance payment of the purchase price primarily for orders with a total price above CZK 5,000 (EUR 200).

We are also entitled to ask you to pay the full price of the goods before they are dispatched or handed over (Section 2119(1) of the Civil Code shall not apply).

3.6. How do we issue receipts in connection with electronic records of sales?

Under Act No. 112/2016 Coll., on Electronic Records of Sales, we are obliged to issue you a receipt. At the same time, we are obliged to register the received revenue with the tax administrator online; in the event of a technical outage, no later than within 48 hours.

The seller is obliged to issue the buyer a receipt. At the same time, the seller is obliged to register the received revenue with the tax administrator online; in the event of a technical outage, no later than within 48 hours.
By agreeing to these Terms and Conditions, you also grant us consent to provide the receipt in electronic form.

4. DELIVERY TERMS

4.1. How do we send goods?

The methods of delivery of goods are stated on the web interface. You can choose the specific method of delivery of the goods in the order. If you do not choose any delivery method, we may determine it.

4.2. What are the costs of delivery of goods?

The costs of delivery of goods always depend on the size and nature of the goods and on the price list of the selected carrier. Current delivery costs are stated on the web interface.

The order will always state the final price, which already includes the costs of the chosen delivery method.

4.3. When will we deliver the goods to you?

The delivery time of goods always depends on their availability and on the chosen method of delivery and payment.

Goods that are in stock are usually handed over to the carrier within 2 working days of acceptance of the order (when sent cash on delivery or collected personally), or of crediting the payment to our account (in the case of cashless payment).

Goods that are not in stock are dispatched as soon as possible. We will inform you of the exact date.

Delivery of goods under these Terms and Conditions means the moment when the goods are delivered to you. If you refuse to accept the goods without reason, this fact is not considered a failure on our part to fulfil the obligation to deliver the goods, nor withdrawal from the contract on your part.

4.4. How to proceed when receiving goods?

When receiving the goods, check the integrity of the packaging. If you discover any defects, immediately inform both the carrier and us. If you refuse to accept a shipment with damaged packaging, this is not considered unjustified refusal of the goods.

At the moment of taking over the goods (or at the moment when you were obliged to take over the goods but failed to do so in breach of the contract), liability for accidental destruction, damage or loss of the goods passes to you.

4.5. What happens if you do not accept the goods?

If, for reasons on your part, it is necessary to deliver the goods repeatedly or in a manner other than agreed, you are obliged to pay the costs associated with such delivery.

If you fail to accept the goods without reason, we are entitled to reimbursement of the costs associated with delivery of the goods and their storage, as well as other costs incurred by us due to non-acceptance of the goods. These costs shall not exceed CZK 10 for each day of storage. Storage costs may reach a maximum total amount of CZK 500 or the amount of the purchase price if it is lower than CZK 500.

In such a case, we also have the right to withdraw from the contract.

5. WITHDRAWAL FROM THE PURCHASE CONTRACT

5.1. How can you withdraw from the contract?

You may withdraw from the purchase contract within 14 days from the date of receipt of the goods; in the case of a regular subscription of goods, within 14 days from the date of receipt of the first delivery of goods; if the delivery is divided into several parts, from the date of receipt of the last delivery. We recommend sending the notice of withdrawal from the purchase contract to our delivery address or e-mail. You may use the model form to withdraw from the contract. We will confirm receipt of the notice without undue delay.

You do not have to give any reason for withdrawal.

5.2. What are the consequences of withdrawal from the contract?

By withdrawal from the contract, the contract is cancelled from the beginning and is regarded as if it had never been concluded.

If a gift was provided to you together with the goods with your consent, the gift agreement loses effect upon withdrawal from the contract by either party. Please send the gift back to us together with the returned goods.

5.3. When is it not possible to withdraw from the contract?

In accordance with Section 1837 of the Civil Code, it is not possible to withdraw, among others, from the following contracts:

- for the supply of goods that have been modified according to your wishes or for your person;

- for the supply of goods that are subject to rapid deterioration, as well as goods that have been irreversibly mixed with other goods after delivery;

- for the supply of goods in sealed packaging that you have removed from the packaging and that cannot be returned for hygiene reasons.

5.4. How do you return the goods to us?

You are obliged to return the goods to us within 14 days of withdrawal from the contract to our delivery address, to any branch, or to the address of our registered office. Do not send goods cash on delivery. We are not obliged to accept goods sent cash on delivery.

We recommend attaching the following to the returned goods:

- a copy of the delivery note and invoice, if these documents were issued, or another document proving the purchase of the goods;

- a written statement of withdrawal from the contract (on our form or otherwise) and the chosen method of refund (bank transfer, personal receipt of cash, postal order or otherwise). Please include your delivery address, telephone number and e-mail in the statement.

Failure to submit any of the above documents does not prevent positive handling of your withdrawal from the contract under statutory conditions.

5.5. When will you get your money back?

We will refund all funds received to you within 14 days of withdrawal from the contract. Please note, however, that we are not obliged to refund the money before you return the goods to us or prove that you have sent the goods to us.

In addition to the purchase price, you are also entitled to a refund of the costs of delivering the goods to you. However, if you chose a delivery method other than the cheapest method we offer, we will refund the delivery costs in an amount corresponding to the cheapest offered method of delivery of the goods.

We will refund the money:

- in the same way in which we received it, or

- in the way you request;

In addition to the above methods, we may always refund the money by sending it to the bank account you provide or to the account from which the funds were transferred to pay the purchase price (if you do not provide us with any account within ten days of withdrawal from the contract). By accepting these Terms and Conditions, you express your consent to the sending of funds pursuant to the previous sentence, provided that no additional costs arise for you in this way.

The costs associated with sending the returned goods to our address are borne by you, even if the goods cannot be returned by ordinary postal route due to their nature.

5.6. What if the returned goods were damaged?

When sending the goods, pack them in suitable packaging so that they are not damaged or destroyed.

If we find that the goods returned by you are damaged, worn, soiled or partially consumed, you are liable to us for this reduction in the value of the goods.

If the customer receives damaged goods, they are obliged to report this condition without undue delay, no later than two (2) days from receipt of the shipment. In some cases, depending on the type of carrier, a complaint may also be accepted one day after this period has expired.

After discovering damaged goods, the customer is obliged to complete the complaint form available on our website.

The form must contain the following information:

photographs of the damaged goods,

photographs of the packaging, including the transport packaging,

if possible, photographs of the placement of the goods inside the package,

photographs of the shipping label showing the recipient’s name,

information on whether the shipment was visibly damaged upon handover and whether a damage report was drawn up.

The complaint will be processed as quickly as possible after complete information and documentation have been received.

5.7. When can we withdraw from the purchase contract?

We reserve the right to withdraw from the contract in the following cases:

- due to a technical error, an entirely obviously incorrect price of goods was stated on the web interface (Article 2.5 of these Terms and Conditions);

- the goods cannot be delivered under the original conditions for objective reasons (primarily because the goods are no longer manufactured, the supplier has stopped delivering to the Czech Republic, etc.);

- performance becomes objectively impossible or unlawful.

If any of the above circumstances occur, we will inform you of our withdrawal from the contract without delay. Withdrawal is effective against you at the moment it is delivered to you.

If you have already paid the purchase price in whole or in part, we will return the amount received cashlessly to the account you provide us for this purpose or from which you made the payment. We will return the money within five days of withdrawal from the purchase contract.

An obviously incorrect price is considered, in particular, a price that does not correspond to the usual market price of the goods and was caused by a technical system error, data import error, human error or another similar error.

The seller is not obliged to deliver goods at an obviously incorrect price even in the event of automatic order confirmation or acceptance of payment.

5.8. Can you terminate a regular subscription?

You can terminate a regular subscription of goods by sending an e-mail to our e-mail address. The notice period is 10 days and begins on the day the notice is delivered to us.

6. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

Your rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular Sections 1914 to 1925, Sections 2099 to 2117 and, if you are a consumer, Sections 2158 to 2174 of the Civil Code).

When exercising rights arising from defective performance, we will proceed in accordance with our Complaints Procedure. Before sending a complaint, please carefully read the Complaints Procedure so that the complaint can be handled as quickly as possible and to your satisfaction.

7. FINAL PROVISIONS

7.1. What authorisations do we have to perform our activities and who supervises us?

We are authorised to sell goods on the basis of a trade licence. Our activity is not subject to any other authorisation.

Trade inspection is carried out within its scope by the competent trade licensing office. Compliance with legal regulations concerning technical requirements for goods and product safety is supervised by the Czech Trade Inspection Authority (http://www.coi.cz/). Compliance with standards imposing requirements on food is supervised by the State Agricultural and Food Inspection Authority (http://szpi.gov.cz). The Czech Trade Inspection Authority also supervises compliance with consumer protection regulations. Consumer rights are also protected by consumer associations and other entities established for their protection.

7.2. How do we handle complaints?

Any complaints are handled through our contact e-mail. You may also contact the entities listed in Article 7.1. In relation to our customers, we are not bound by any codes of conduct and we do not comply with any such codes.

7.3. What rights do you have in the event of a consumer dispute?

If you are a consumer and a dispute arises between us from the contract that we are unable to resolve directly, you have the right to refer this dispute to the Czech Trade Inspection Authority (address: Česká obchodní inspekce, Ústřední inspektorát - oddělení ADR, Štěpánská 15, 120 00 Prague 2; web interface: www.coi.cz; electronic contact: [email protected]; telephone: +420 296 366 360) for the purpose of out-of-court settlement of a consumer dispute. You may exercise this right no later than within 1 year from the day on which you first exercised with us the right that is the subject of this consumer dispute.

To file a complaint concerning goods or services you purchased from us and to find an alternative dispute resolution entity, you may also use the online platform established by the European Commission at: http://ec.europa.eu/consumers/odr/.

7.4. What else should you know?

Means of distance communication are used when concluding the contract (especially the internet). Costs incurred when using means of distance communication (primarily internet connection costs or telephone call costs) are borne by you. These costs do not differ from the standard rate.

Unless otherwise agreed, all correspondence related to the contract between us takes place in written form, either by e-mail, registered post or personal delivery. From our side, we will deliver to the e-mail address stated in the order or in your user account.

If any provision of these Terms and Conditions is invalid, ineffective or unenforceable (or becomes so), it shall be replaced by a provision whose meaning most closely corresponds to the invalid, ineffective or unenforceable provision. The invalidity, ineffectiveness or unenforceability of one provision does not affect the validity of the other provisions. The contract (including the Terms and Conditions) may be amended or supplemented only in written form.

7. GDPR - SECURITY AND PROTECTION OF INFORMATION AND PERSONAL DATA

The operator of the e-shop as the personal data controller (hereinafter referred to as the “Controller”) hereby, in accordance with Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, the General Data Protection Regulation (hereinafter referred to as the “Regulation”), informs its customers (hereinafter individually referred to as the “Data Subject”) that:
7.1. The personal data of the Data Subject that will be provided to the Controller when sending the order will be processed for the purpose of concluding the purchase contract and its subsequent performance, including handling any claims of the Data Subject arising from defective performance. The legal basis for processing the personal data of the Data Subject is therefore the performance of the purchase contract established by the Data Subject’s order and, at the same time, the fulfilment of the Controller’s legal obligations under legal regulations governing rights and obligations in connection with consumer protection and accounting.

7.2. The reason for providing the Data Subject’s personal data to the Controller is the identification of the contracting parties necessary for the conclusion and performance of the purchase contract, which would not be possible without providing such data.

7.3. The personal data of the Data Subject will be processed for the period during which the Controller is obliged to retain such data under generally binding legal regulations, at least for 5 years under the Accounting Act or for 10 years under the VAT Act.

7.5. The Controller has not appointed a data protection officer nor designated a representative for the fulfilment of obligations within the meaning of the Regulation. The personal data of the Data Subject may, for the purposes of proper processing of the order, be provided to the delivery service provider selected by the Data Subject, and also to persons providing legal and accounting services to the Controller in order to ensure proper fulfilment of obligations laid down by generally binding legal regulations. The Controller does not intend to transfer the personal data of the Data Subject to a third country, an international organisation or to third parties other than those stated above.

7.6. The Data Subject has the right to request from the Controller access to their personal data, their rectification or erasure, or restriction of processing, and to object to processing; the Data Subject has the right to data portability to another controller, as well as the right to lodge a complaint with the Office for Personal Data Protection if they believe that the Controller is processing personal data in breach of the Regulation.

These Terms and Conditions are valid and effective from 27 August 2025.

```