These General Terms and Conditions (hereinafter referred to as the “ Terms and Conditions ”) apply to contracts concluded through the GOURMET COFFEE online shop located on the web interface www.gourmetkava.cz (hereinafter referred to as the “ web interface ”) between
with its registered office at Za Kapličkou 1246, 547 01 Náchod,
Company ID: 037 24 034, Tax ID: CZ03724034
registered in the Commercial Register kept by the Regional Court in Hradec Králové, Section C, File 34628
GourmetKava sro, Manesova 49, 120 00 Prague 2, Czech Republic
Phone number: 725 556 179
Contact e-mail: [email protected]
as the seller
and you as a buyer
1. INTRODUCTORY PROVISIONS
By the purchase contract we undertake to deliver to you the goods specified in the order, and you undertake to take over the goods (either personally or from the carrier) and pay us the purchase price (or just "price"), including the costs associated with delivery selected payment method specified in the order.
Unless otherwise stipulated in our agreement, the subject of the purchase contract is not the repeated performance in the form of a coffee subscription (hereinafter referred to as “ regular consumption ”), ie our obligation to deliver the goods to you repeatedly within the agreed time interval and your obligation to pay us delivery of goods.
You acquire title to the goods by paying the full purchase price, but not before you take over the goods.
1.1. Does the sales contract only apply to the goods?
The Purchase Agreement (or the “ Agreement ”) shall mean any contract concluded under these Terms and Conditions. For example, it may also be a service contract.
1.2. Is the sales contract a consumer contract?
It is a consumer contract if you are a consumer, that is, if you are a natural person and you buy goods outside your own business or outside your own profession. Otherwise, it is not a consumer contract and does not apply to consumer protection under the law and these terms and conditions. Especially as a non-consumer, you are not entitled to withdraw from the contract without giving any reason.
1.3. What special rights do you have as a consumer?
As a consumer, you have in particular:
- the right to withdraw from the contract by means of distance communication such as telephone, e-mail or e-shop (Article 5 of these Terms and Conditions);
- the right under the warranty for goods whose conditions and application are governed by the Complaints Procedure;
- the right to be informed prior to the conclusion of the contract (the information is contained in these terms and conditions or on the web interface);
- the right to out-of-court settlement of 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 that define and specify our mutual rights and obligations;
- Complaints procedure, according to which we will proceed when complaining goods;
- the terms and conditions of the web interface, in particular when concluding a contract;
- an order and its acceptance by us,
and in matters not covered by the following legislation:
- 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 domicile 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 law of your country of residence provides a higher level of consumer protection than the Czech law, you are provided with this higher level of protection in legal relationships.
1.5. How do you agree to the terms and conditions?
By sending the order and also by confirmation in the web interface you confirm that you have read these terms and conditions and agree to them.
We can change or supplement the wording of the Terms and Conditions. Your rights and obligations are always governed by the wording of the terms and conditions under which they arose.
2. PURCHASE CONTRACT
2.1. How do we conclude a sales contract?
The web interface contains a list of goods including a description of the main features of each item. For each item, the price includes all taxes, duties and fees. The presentation of the goods is of an informative nature and is not our proposal to conclude a contract within the meaning of Section 1732 (2) of the Civil Code . In order to conclude a contract, you must place an order and accept it by us.
2.2. How to submit order?
You can always place orders via the web interface (by filling in the form), or by phone, e-mail or any other method that we allow according to current information on the web interface. You can place a purchase order for a regular purchase using the form on the web interface. Our e-mail message informing you about the possibility of regular collection is not our proposal to conclude such a contract.
The order must contain all the information prescribed in the form, in particular the exact identification of the ordered goods (or numerical identification of the goods), the number of pieces, the chosen method of payment and transport and your contact information (delivery and possibly invoicing).
Before binding your order, you will be provided with a recap of your order including the final price (depending on the shipping method and payment option). In particular, we recommend checking the type and quantity of goods, e-mail and delivery addresses. As part of the recap, you have the last opportunity to change the entered data .
To place a binding order, press the "I confirm the order / Pay with Bitcoin" button. We consider the information given in the binding order to be correct and complete . Please inform us immediately by phone or e-mail about their change.
We will inform you of the receipt of your order. Information (confirmation) of receipt of the order is sent automatically and is not an acceptance of the order by us unless explicitly stated in the confirmation .
If we have doubts about the authenticity and seriousness of an order, we may contact you to verify it. We can reject an unverified order. Such an order is then regarded as not having been placed.
2.3. So when is the contract concluded?
The purchase contract is concluded at the moment when you receive the order from us . Your order will be sent to the email address you provided with your order. Should the order not be accepted, the contract is concluded at the moment when you pay the entire purchase price or take over the ordered goods (whichever comes first). Acceptance of the order (acceptance) may be part of the order receipt information pursuant to Article 2.2 of these Terms and Conditions (if this is explicitly stated in the receipt) or may be followed separately after receipt of the order.
Information on the individual technical steps leading to the conclusion of the contract can be seen in the web interface.
2.4. Can you cancel an already placed order?
You can cancel an order that we have not yet received (ie you have not been sent an acceptance of an order by us under Article 2.3 of these Terms and Conditions) by phone or email. All orders received by us are binding. Later cancellation of the order is possible only after agreement with us. If this is canceled the order of the goods for which not to withdraw from the contract (for more details in Article 5), we are entitled to reimbursement of the costs already incurred in connection with the contract.
2.5. Can the price shown on the web interface change?
Prices of presented goods and prices for packaging, shipping and delivery remain valid as long as they are displayed in the web interface. Any discounts on the price of the goods can not be combined, unless otherwise explicitly stated on the web interface.
In the event that a clear technical error occurred on our part in the price of the goods in the web interface or during the ordering process, we are not obliged to deliver the goods for this obviously erroneous price , even if you have received an order under of these Terms and Conditions. In this case we reserve the right to withdraw from the contract .
If the price for goods in the web interface or during ordering is no longer up to date, we will notify you without delay. If your order has not yet been received, we are not required to enter into a contract.
Sent orders will not be affected by the price change that occurred between the time the order was placed and received by us under Article 2.3 hereof.
2.6. In what languages can the contract be concluded?
The contract can be concluded in the Czech language, unless we expressly agree on another language.
2.7. Do you have a possibility to obtain a contract in text form?
The contract is not concluded in writing with the 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 by mail upon request. When mailing, we may ask you to pay for the associated costs.
2.8. Is the contract deposited 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 don't understand something in the contract?
If you have a question about the terms and conditions or the contract, you can contact us by phone or e-mail. We will be happy to provide you with all necessary information.
3. PAYMENT TERMS
3.1. What payment methods do we accept?
You can pay the purchase price in the following ways:
- in cash when goods are sent cash on delivery or in case of personal collection of goods at dispensing points, or in case of personal collection at contact points of the Mail-order network;
- cashless before delivery of goods to our bank account (instructions will be given in the order confirmation);
- cashless payment by card in advance;
- Virtual Bitcoin by cashless payment system BitPay.
Other forms of payment are listed on the web interface.
Some forms of payment (especially cash on delivery) may incur additional charges . These fees are listed on the web interface. The order will always include the final price, which already includes the fees related to the selected payment method.
3.2. Processing payments made in Bitcoin virtual currency
Payments for Bitcoin virtual currency are made via the BitPay payment system. The conversion from Czech crowns or euros to Bitcoin virtual currency will be calculated according to the current Bitcoin virtual currency rate by BitPay.
As a Bitcoin virtual consumer, you acknowledge the risks associated with Bitcoin virtual currency payments, especially the significant volatility of the Bitcoin virtual currency exchange rate. The price of goods stated in Czech crowns is considered to be decisive. Therefore, you may be refunded a smaller amount of Bitcoin virtual currency than the amount of the virtual currency debited from your Bitcoin virtual currency account paid as the purchase price. The amount of Bitcoin virtual currency that will be returned to you will be determined based on BitPay's exchange rate.
3.3. When is the purchase price due?
In the case of cash payment, the price is payable upon receipt of the goods. In the case of cashless payment before delivery of goods, the price is due within five days of receipt of the order pursuant to Article 2.3. Your payment obligation is fulfilled in the case of a cashless payment at the moment the amount is credited to our account.
3.4. In what currency can you pay ?
Payment of goods is possible in Czech crowns (CZK), euros (EUR) or in virtual bitcoin (BTC). The price stated in Czech crowns is decisive for determining the final price.
3.5. When can we require a deposit or prepayment?
We can request advance payment for purchase price especially for orders with total price over CZK 5,000 (EUR 200).
Furthermore, we are 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 does not apply).
3.6. How do we issue receipts in connection with electronic sales registration?
Pursuant to Act No. 112/2016 Coll., On the registration of sales, we are obliged to issue you a receipt. At the same time, we are required to record the revenue we receive with the tax administrator online; in the event of a technical failure, no later than 48 hours.
the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received revenue with the tax administrator online; in the event of a technical failure, no later than 48 hours.
By agreeing to these terms and conditions, you also consent to the receipt of a receipt electronic form.
4. DELIVERY TERMS
4.1. How do we send goods?
Ways of delivery of goods are listed on the web interface. You can choose the specific way of delivery in your order. If you don't choose any shipping method, we can determine it.
4.2. What are the delivery costs?
The cost of delivery always depends on the size and nature of the goods and the price list of the selected carrier. Actual delivery costs are listed on the web interface.
The order will always include the final price, which already includes the cost of the selected mode of transport.
4.3. When will we deliver the goods to you?
The time of delivery of the goods always depends on their availability and the chosen mode of transport and payment.
Goods that are in stock, we usually deliver to the carrier within five business days of receipt of the order (when sending the goods cash on delivery or personal collection), or from crediting the payment to our account (cashless payment).
Goods that are out of stock are dispatched as soon as possible. We will keep you informed of the exact date.
Delivery of goods under these terms and conditions means the moment when the goods are delivered to you. If you unreasonably refuse to take over the goods, this is not considered a failure to fulfill our obligation to deliver the goods or a withdrawal from the contract by you.
4.4. How to proceed when receiving goods?
When receiving the goods, check the integrity of the goods packaging . If you find any defects, please inform the carrier and us immediately. If you refuse to accept a shipment with damaged packaging, this is not considered a gratuitous refusal of the goods.
The moment you take over the goods (or when you were obliged to take over the goods but did not do so in violation of the contract), you are liable for incidental destruction, damage or loss of the goods.
4.5. What happens if you do not take delivery?
If, for reasons on your part, it is necessary to deliver the goods repeatedly or in a manner other than the agreed upon, you are obliged to pay the costs associated with such delivery .
If you do not accept the goods without reason, we are entitled to reimbursement of the costs associated with the delivery of the goods and their storage , as well as other costs incurred by us as a result of non-receipt of the goods. These costs shall not exceed CZK 10 for each day of storage. Storage costs can reach a maximum of a total of CZK 500 or the purchase price if less than CZK 500.
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 can withdraw from the purchase contract within 14 days from the date of receipt of goods, if it is a regular collection of goods, then within 14 days of takeover 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 notice of withdrawal to our delivery address or e-mail. A sample form can be used to withdraw from the contract. We will confirm your receipt of the notification without undue delay.
There is no reason to withdraw from the contract.
5.2. What are the consequences of withdrawal?
By withdrawing from the contract, the contract is canceled from the beginning and is regarded as not being concluded.
If you have been given a gift together with the goods with your consent, the gift contract shall be terminated by either party's withdrawal. Send us the gift together with the returned goods.
5.3. When can I withdraw from the contract?
In accordance with § 1837 of the Civil Code, it is not possible to withdraw from the following contracts :
- the supply of goods which have been modified according to your wishes or for you;
- the delivery of perishable goods and goods which have been irreversibly mixed with other goods after delivery;
- on the delivery of goods in a sealed package which you have removed from the package and cannot be returned for hygiene reasons.
5.4. How will 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 establishment or to the address of our registered office. Do not send goods cash on delivery . We are not obliged to accept the goods sent on delivery.
We recommend attaching the following items to the returned goods:
- a copy of the delivery note and invoice, if any, or any other document proving the purchase of the goods;
- a written statement of withdrawal ( on our form or otherwise) and the selected method of refund (bank transfer, personal cash receipt or postal order or otherwise). Include your delivery address, phone, and email in your statement.
Failure to submit any of the above documents does not prevent your rescission of the contract in accordance with legal conditions.
5.5. When will you get your money back?
Any funds received will be returned to you within 14 days of withdrawal. However, please note that we are not obliged to refund you 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 cost of delivery to you. However, if you have chosen a method other than the cheapest method of delivery that we offer, we will refund the shipping cost for the cheapest method of delivery .
We will refund your money:
in the same way as we have accepted them, or
- the way you are require;
In addition to the above methods, we can always refund the money to the bank account you provided or the account from which the funds were paid to pay the purchase price (unless you tell us within ten days of withdrawal). By accepting these terms and conditions, you agree to the sending of funds pursuant to the previous sentence, provided that you do not incur any additional costs in this way.
If you have chosen the Bitcoin virtual currency as the payment method for the purchase price, the purchase price of the goods in Czech crowns will be returned to you via the BitPay payment system, which will then convert the purchase price in Czech crowns into the Bitcoin virtual currency. This converted amount will be returned to you in your Bitcoin virtual currency account.
The costs of returning the goods to our address are borne by you, even if the goods cannot be returned by their normal postal nature .
5.6. What if the returned goods were damaged?
When shipping, pack the goods in a suitable packaging to prevent damage or destruction.
If we find that your returned goods are damaged, worn, dirty, or partially consumed, you are responsible for this impairment .
5.7. When can we withdraw from the contract?
We reserve the right to withdraw from the contract in the following cases:
- a technical error indicated a manifestly incorrect price of the goods on the web interface (Article 2.5 of these Terms and Conditions);
- goods for objective reasons (mainly because the goods are no longer produced, the supplier stopped delivering to the Czech Republic, etc.) cannot be delivered under the original conditions;
- performance becomes objectively impossible or illegal.
In the event of any of the above, we will inform you immediately of our withdrawal. Withdrawal is effective against you when it is delivered to you.
If you have already paid the purchase price in whole or in part, we will refund the amount received to the account you provide to us or from which you made the payment. We will refund the money within five days of withdrawal.
5.8. Can you terminate your regular subscription?
You can terminate the regular collection of goods by e-mail sent to our e-mail address. The notice period is 10 days and starts on the day the notice is delivered to us.
6. RIGHTS OF DEFECTIVE PERFORMANCE
Your rights from defective performance shall be governed by the relevant generally binding legal regulations (in particular the provisions of 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 from defective performance, we will proceed in accordance with our Complaints Procedure. Before submitting a complaint, please familiarize yourself with the Complaints Procedure, so that the complaint can be handled as quickly as possible and to your satisfaction.
7. FINAL PROVISIONS
7.1. What authorizations do we have and who controls us?
We are entitled to sell goods on the basis of a trade license. Our activity is not subject to any other authorization.
Trade control is carried out within the scope of its competence by the appropriate trade licensing office. The Czech Trade Inspection (http://www.coi.cz/) checks compliance with the legal regulations concerning technical requirements for goods and goods safety. The Czech Agriculture and Food Inspection Authority (http://szpi.gov.cz) checks compliance with food safety standards. The Czech Trade Inspection also checks compliance with consumer protection regulations. Consumer rights and other consumer protection groups also defend consumer rights.
7.2. How do we handle complaints?
We handle any complaints through our contact email. You may also contact the entities listed in clause 7.1. We are not bound by or adhered to any codes of conduct in relation to our customers.
7.3. What rights do you have when a consumer dispute arises ?
If you are a consumer and if a dispute arises between us that we cannot resolve directly, you have the right to contact the Czech Trade Inspection Authority (address: Czech Trade Inspection Authority, Central Inspectorate - ADR Department, Štěpánská 15, 120 00) Prague 2, web interface: www.coi.cz , www.adr.coi.cz ; electronic contact: [email protected] ; telephone: +420 296 366 360) for the purpose of out-of-court settlement of consumer dispute. You may exercise this right no later than 1 year from the date on which you first exercised the right that is the subject of this consumer dispute.
You can also use the online platform set up by the European Commission at: http://ec.europa.eu/consumers/ to file a complaint about the goods or services you have purchased from us and to find an ADR entity. odr /.
7.4. What else should you know?
When concluding the contract, means of distance communication (especially the Internet) are used. Costs incurred by the use of means of distance communication (in particular costs for internet connection or phone calls). These costs do not differ from the normal rate .
Unless otherwise agreed, all correspondence relating to the contract between us shall be in writing, either by e-mail, registered mail or personal delivery. We will deliver you to the email address specified in your order or in your user account.
In the event that any provision of these Terms and Conditions is invalid, ineffective or unusable (or becomes so), the provision closest to the invalid, ineffective or unusable provision shall apply instead. The invalidity, ineffectiveness or inapplicability of one provision shall not affect the validity of the other provisions. It is only possible to change or supplement the contract (including terms and conditions) in writing .
7. GDPR - SECURITY AND PROTECTION OF INFORMATION AND PERSONAL DATA
The operator of the e-shop as the controller of personal data (hereinafter referred to as the "controller") hereby in accordance with the provision of Article 13 of Regulation (EU) No 2016/679 of the European Parliament and of the Council of hereinafter referred to as the “Regulation”), informs its customers (hereinafter referred to as the “Data Subject”) that:
7.1. The personal data of the Data Subject, which will be handed over to the Administrator upon dispatch of the order, will be processed for the purpose of concluding the purchase contract and its subsequent fulfillment, including the settlement of any claims of the Data Subject from defective performance. The legal basis for the processing of the data subject's personal data is therefore the fulfillment of the purchase contract established by the data subject's order and at the same time the fulfillment of the legal obligations of the Administrator pursuant to legal regulations governing rights and obligations in relation to consumer protection and accounting.
7.2. The reason for providing personal data to the Data Subject 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 data subject's personal data will be processed for as long as the Administrator is obliged to store this data according to generally binding legal regulations, ie for at least 5 years under the Accounting Act or for 10 years under the VAT Act.
7.5. The controller did not appoint a Data Protection Officer, nor did he appoint a representative to fulfill the obligations under the Regulation. The data subject's personal data may be provided to the delivery service provider chosen by the data subject for the proper execution of the order, as well as to persons who provide legal and accounting services to the Controller in order to ensure proper fulfillment of obligations stipulated 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 organization or third parties other than those referred to above.
7.6. The data subject shall have the right to request from the controller access, rectification or correction of his personal data deletion or restriction of processing, and to object to processing, has the right to transfer this data to another controller, as well as to file a complaint with the Office for Personal Data Protection if the Controller considers that the processing of personal data is contrary to Regulation.
These Terms and Conditions are valid and effective as of August 27, 2018.