Terms and Conditions
Definition of terms
- “Shop” for the purposes of these Terms and Conditions means the online shop at https://tynasousedik.com
- “Seller” means CAFÉ LIGHT s.r.o., with registered office at U Vinné révy 1776/11, Prague 10, Czech republic, identification number: 08621624, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 322168, registration number at the Assay Office: 14282.
- “Goods” means the items and products offered by the Seller for sale in the Shop. Goods with the obligation to be marked with a hallmark are marked in accordance with the marking according to the Hallmark Office: http://www.puncovniurad.cz/cz/znacky.aspx
- “Customer” means a user of the Shop who is interested in purchasing specific Goods.
- “Consumer” means any person who concludes a transaction with the Seller through the Shop outside the scope of his business activity or outside the scope of his independent exercise of his profession. Such Consumer is subject to the terms and conditions expressly so stated.
- “Order” means a completed order form for specific Goods within the Shop’s electronic ordering system.
The abbreviation “CC” means Act No. 89/2012 Coll., Civil Code, as amended.
Purchase of Goods
- The Customer is entitled to order, through the Shop and its electronic ordering system, the specific Goods he/she is interested in purchasing. By filling in the registration form of the Shop, registering in the Shop, filling in any order form within the Shop and sending any Order within the Shop, the Customer always simultaneously agrees to these Terms and Conditions of Sale and Complaints for the purchase of Goods in the Shop and also to the processing of his/her personal data specified in the Order (see Article XII – Protection of Personal Data).
- The mere publication and offering of Goods by the Seller in the Shop is not yet a proposal to conclude a purchase contract for the Goods in question by the Seller, but only an informative publication of the Seller’s supply possibilities. Therefore, §1732 (2) CC does not apply to the presentation of the Goods through the Shop and also to the presentation of the possibility of ordering and purchasing them, and such presentation of the Goods in the Shop is not a legally effective proposal of the Seller to conclude a contract for such Goods.
- A proposal for the conclusion of a purchase contract by the Customer through the Shop for a specific Goods is always considered to be only the delivery of the Customer’s Order for the purchase of the Goods to the Seller.
- By submitting an Order, the Customer shall at the same time agree to these Terms and Conditions and shall bindly order the Goods specified in the Order.
- The Seller shall confirm the delivery of the Order to the Customer without undue delay.
- Confirmation of the delivery of the Order by the Seller shall be deemed to be acceptance of the proposal for the conclusion of a purchase contract by the Seller with the Customer in respect of the specific Goods specified in the Order and only at the moment of such confirmation of the Order does the Customer and the Seller conclude a purchase contract for the specific Goods ordered.
- The content of any Purchase Contract pursuant to paragraph 6 is then always determined by the content of the accepted proposal (Order) of the Customer, i.e. both the subject of purchase, as well as its price, method of delivery and other conditions agreed within the framework of such accepted proposal, while the other contractual elements of such Purchase Contract are defined by these Terms and Conditions.
Execution of the Order
- In order to execute a proper Order, the Customer is obliged to fill in all mandatory data in the electronic ordering system of the Shop.
- The Customer’s delivered Order shall be deemed not to have been accepted and rejected by the Seller, in particular if the Seller notifies the Customer that (i) the Order is not accepted or rejected, (ii) the ordered Goods cannot be delivered, or if the Seller does not confirm the Customer’s acceptance of the Order according to Article II, point 6 within 20 working days of its dispatch by the Customer.
- If the ordered Goods can be delivered, but in the meantime the conditions of delivery of the Goods have changed (the Goods can be delivered in a different price, quality or design), the Seller is entitled to notify the Customer of this fact with a request to express whether the Customer is interested in the Goods under such changed conditions and at the same time providing a deadline for such expression.
- If the Customer expresses to the Seller in accordance with paragraph 3 within the time limit specified by the Seller that it is interested in the Goods even under the changed conditions, such notification shall be deemed to be a new Order and shall be treated as a new Order.
- If the Customer does not express, in accordance with paragraph 3, within the period specified by the Seller, that it is interested in the Goods even under the changed conditions, the expiry of such period shall be deemed to be a cancellation of the Order by the Customer.
- The Order made by the Customer shall be binding on the Customer.
Information of the Customer
- With regard to the Seller’s obligation under the CC, the Seller provides the Customer with the information necessary for the conclusion of the contract and for the Customer to be properly informed about the execution of a specific transaction.
- The identification details of the Seller are set out in Article I, paragraph 2 of these Terms and Conditions.
- The name, main characteristics of the Goods and their price are always indicated in the specification of the Goods in the relevant section of the Shop, and by placing an Order for such Goods, the Customer indicates that he/she has already familiarised himself/herself in advance with the description of the Goods and their price.
- The price of the Goods within the Shop is always quoted exclusive of taxes and other charges, unless otherwise stated.
- The Customer is obliged to pay the purchase price with the tax applicable to the Goods or contract.
- Within the Order and prior to its dispatch, the Customer will always be shown and quoted the price after adding the relevant taxes (VAT) and after adding other fees and costs (e.g. the fee for environmental disposal according to Act No. 185/2001 Coll., on waste, as amended, and the costs for delivery and transport).
- The Seller does not charge the Customer for any costs arising from the use of remote means of communication and such costs are therefore borne by the Customer.
- By completing and submitting an Order within the Shop’s electronic ordering system, the Customer agrees, for an indefinite period of time, that the Seller may send the Customer advertising communications from the Seller to the Customer’s address of residence or registered office, and that the Seller may send commercial communications to the Customer’s completed email address. The Customer is entitled to withdraw this consent at any time.
- The offer of Goods of the Shop is always valid for the period specified for each specific Goods within the specification of the Goods in the relevant section of the Shop, and if the period of validity of the offer is not specified, the offer of Goods is deemed to be valid until revoked or until stocks are exhausted.
- Each purchase contract entered into within the Store is furthermore archived by the Seller within its business and accounting records and may be subsequently made available to the Customer on request, subject to payment of the handling costs for such disclosure.
- The steps leading to the conclusion of the Purchase Contract within the Trade are generally described in these Terms and Conditions.
- The Purchase Contract may be concluded in Czech or Slovak language.
- In the course of ordering any Goods, the Customer is entitled to change the contents of the Order or correct errors made in the Order until the final dispatch of the Order.
Delivery of Goods
- The method of delivery of the Goods shall always be selected by the Customer when filling in the Order, where the price and form of delivery are specified.
- If the Customer fails to collect the Goods sent by cash on delivery within the time limit of their deposit at the post office in case of delivery via Czech Post, a.s. or if the Customer fails to take delivery of the Goods from the shipper in case of delivery of the Goods via another carrier, and the Goods are returned to the Seller, the Seller shall store the Goods in its warehouse until the Customer collects them or until the Seller exercises its right to withdraw from the contract pursuant to paragraph 4.
- The Customer is obliged to pay the Seller a storage fee of 100,-CZK for each week of storage according to paragraph 2.
- If the Goods are returned to the Seller pursuant to paragraph 2, the Seller is also entitled to withdraw from the Purchase Contract, where such withdrawal does not affect the Seller’s claim for the costs incurred in the shipment of the Goods or the claim for storage fees incurred to date pursuant to paragraph 3.
- The Customer shall always select the payment terms when completing the Order, where the price and form of payment are specified.
Withdrawal from the contract and return of goods
(the provisions of this article apply only to the Consumer)
- The Consumer shall have the right to withdraw from the contract concluded through the Shop without giving any reason and without any penalty within 14 days from the date on which the Consumer or a third party designated by the Consumer (other than the carrier) takes delivery of the Goods.
- For the purpose of exercising the right of withdrawal, the Consumer must inform the Seller of his withdrawal from the Purchase Contract at his address specified in Article I, paragraph 2 by unilateral legal action (e.g. by letter sent via postal service provider, fax or e-mail). The Consumer may use the sample withdrawal form set out in Article XIV below, but is not obliged to do so.
- In order to comply with the withdrawal deadline, it is sufficient to send the withdrawal before the expiry of the relevant deadline.
- The Consumer shall return the goods received by the Consumer in respect of which the Consumer has withdrawn from the contract pursuant to paragraph 1 without undue delay, but no later than 14 days from the date of withdrawal, to the address of the Seller before the expiry of the 14 days.
- If the Consumer withdraws from this Contract, the Seller shall refund to the Consumer without undue delay, but no later than 14 days from the date of receipt of the returned Goods or after the Consumer proves that he has sent back the Goods, whichever is earlier, the payment of the purchase price for the Goods received by the Seller from the Consumer, excluding delivery costs. For refunds, Seller shall use the same means of payment that Consumer used to make the initial transaction, unless Consumer has expressly specified otherwise. In any event, this will not incur additional costs for the Consumer.
- The Consumer acknowledges that in the event of withdrawal under paragraph 1, the Consumer shall only be liable for any diminution in the value of the Goods as a result of handling the Goods in a manner other than that necessary to familiarise him/her with the nature and characteristics of the Goods, including their functionality.
- The Consumer acknowledges that in the event of withdrawal under paragraph 1, the Consumer shall bear the direct costs of returning the Goods.
- The Consumer shall not have the right to withdraw under this Article from the Purchase Contract in respect of Goods which have already been delivered to the Consumer, but which have been previously modified by the Seller prior to their delivery in any way according to the Consumer’s request or Order or for the Consumer (in particular to the Consumer’s measure).
- The provisions of Article VII shall not apply to a Customer who is not a Consumer.
Claims for Goods
- The Consumer shall be entitled to claim for defects in the Goods which have occurred within 24 months after receipt of the Goods. The preceding sentence does not apply and does not apply to a Customer who is not a Consumer, whereby such Customer is entitled to claim the Goods in accordance with the relevant legislation.
- In particular, defects that:
- have been claimed after the expiry of the time period referred to in paragraph 1,
- they originate from the use of the Goods in violation of the instructions for their use or in violation of their purpose or usual and expected use,
- are caused by unauthorised or unprofessional interference with the Goods,
- are caused by force majeure or other external circumstances not inherent in the nature of the Goods.
- When exercising the rights from defects, the Customer is obliged to translate the claimed Goods and a copy of the proof of purchase (invoice).
- In the case of purchase of Goods by personal collection from the Seller, the Customer shall receive the invoice together with the purchased Goods.
- The time limits for exercising the right of defects begin to run from the receipt of the Goods by the Customer.
- In the case of delivery of Goods by cash on delivery, the Customer is always obliged to inspect the shipment upon receipt and to claim such damages and losses from the delivery service and the Seller in case of obvious and noticeable damages on the surface of the shipment packaging or obvious and noticeable partial loss of the shipment. Further handling of the damaged parcel must only be carried out in accordance with the instructions of the Seller.
- If the damage or partial loss of the contents of the consignment is not evident when it is handed over and received by the recipient, the Customer is obliged to notify the Seller of the damage without undue delay after it has been discovered, but no later than within 2 working days from the date of delivery of the consignment.
Claims for defects
- The Consumer has rights from defective performance according to §2165 et seq. of the CC, while the Seller is also responsible for the quality of the Goods upon receipt according to §2161 of the CC. However, the preceding sentence does not apply to a Customer who is not a Consumer, whereby such Customer is entitled to claim the Goods according to the relevant legislation.
- The Customer may exercise the rights arising from defective performance primarily pursuant to §2169 CC. However, the preceding sentence does not apply to a Customer who is not a Consumer, whereby such Customer is entitled to claim the Goods according to the relevant legislation.
Assessment of the claim
- The Customer shall return the claimed Goods to the Seller’s address.
- In the complaint, the Customer is obliged to provide a detailed description of the claimed defect of the Goods.
- The Seller will not take into account any complaint that does not meet the conditions under points 1 and 2.
- The Customer shall pay for the transport of the claimed Goods.
- Complained Goods cannot be sent to the Seller by cash on delivery, such complaint will not be taken into account by the Seller.
- Upon receipt of the claimed Goods together with a copy of the invoice, the Seller shall assess the claimed Goods with regard to the defects claimed by the Customer.
Return of Goods
(Article XI. does not apply to the return of Goods under Article VII.)
- In cases to which the provisions of Article VII do not apply, the Customer is obliged to return the Goods to the Seller if the purchase contract between the Seller and the Customer for the specific Goods is terminated, in particular in the event of an effective withdrawal of a party from the purchase contract.
- If, for any reason other than pursuant to Article VII, the Customer becomes obliged to return the Goods to the Seller, the Customer shall return the Goods to the Seller within 20 days of such obligation.
- In the event that the Customer has received the Goods from the Seller by personal collection, the Customer shall return and hand over the Goods to the Seller within the time limit pursuant to paragraph 2 at the Seller’s point of sale where the Goods were previously received.
- If the Customer has received the Goods from the Seller by cash on delivery, the Customer is obliged to return the Goods to the Seller by sending the Goods to the Seller’s address from which the Goods were sent to the Seller within the time limit set out in paragraph 2, or by handing them over to the Seller at that address within the time limit.
- The Customer is obliged to hand over the Goods to the Seller undamaged, clean and with all parts and accessories that were part of the purchase.
- In the event of a breach of the obligation under paragraph 5, the Seller is entitled to charge the Customer:
- the amount corresponding to the reduction in value of the Goods resulting from the Customer’s handling of the Goods,
- the direct costs of repair of the Goods in the actual amount of such costs,
- the direct costs of cleaning the Goods,
- the cost of missing parts or accessories.
- The Customer shall pay the amounts billed under paragraph 6 within 5 days of notification of such bill to the Customer.
- If the Customer is in default in returning the Goods, the Seller shall be entitled to charge the Customer a contractual penalty of 0.1% of the purchase price of the Goods (including VAT) to be returned, which was invoiced to the Customer at the time of purchase of the Goods, for each and every day of such delay. The Seller’s right to full compensation for damages shall not be affected by the payment of the contractual penalty. The Customer is obliged to pay the invoiced contractual penalty within 5 days of notification of the invoice.
- The Seller shall only refund to the Customer the purchase price of the Goods previously paid by the Customer (after set-off of any liquidated damages and amounts under paragraph 6) after the Goods in respect of which the Customer has so withdrawn from the Contract have been returned to the Seller by the Customer.
- The provisions of this Article XI shall not apply in cases where the Contract is terminated by the Consumer’s withdrawal pursuant to Article VII.
Protection of personal data
- In the event that the Customer is asked to provide personal data in the context of the Shop, in particular when filling in and sending an Order via the Shop’s electronic ordering system, the Customer acknowledges that he is not obliged to provide such data and that the provision of such data is therefore entirely voluntary.
- However, in the event of the Customer’s failure to provide the requested personal data, the Seller is not obliged to accept the Order, and with respect to the Shop’s electronic ordering system, the continuation of an incompletely filled Order may be automatically stopped or terminated.
- If the Customer voluntarily chooses to provide his/her personal data to the Seller, the Customer acknowledges that he/she voluntarily provides his/her personal data to the extent specified in the specific form or Order to the Seller.
- The handling of personal data by the Seller is governed by the rules located at https://tynasousedik.com, which the Customer has duly familiarized himself with before agreeing to these Terms and Conditions.
- Filling in the registration form of the Shop, registering in the Shop, filling in any order form within the Shop and sending any Order within the Shop or when establishing any other similar electronic remote communication with the Seller through the Shop, shall always be considered as confirmation of acceptance of these Terms and Conditions.
- The concluded Purchase Contract as well as all relations arising between the Customer and the Seller when ordering or selling Goods through the Shop shall be governed by Czech law to the exclusion of conflict of laws rules of Czech law.
- If in these Terms and Conditions of Sale and Claims the term Customer is used and it is not expressly stated that a particular provision applies only to the Consumer, such provision shall always apply in full to the Customer who is not a Consumer.
- If a dispute arises between the Seller and the Consumer in connection with the purchase of Goods through the Shop, the Consumer has the right to an out-of-court settlement pursuant to Act No. 634/1992 Coll., on Consumer Protection, as amended. The consumer is entitled to submit a proposal for out-of-court dispute resolution under the aforementioned Act to the Czech Trade Inspection Authority (website: www.coi.cz).
- The customer confirms and declares that the consent to these terms and conditions, made in particular in the manner referred to in paragraph 1, shall be deemed to be consent in writing (or equivalent to consent in writing) between the parties and all provisions of the terms and conditions shall be deemed to have been agreed in writing (or equivalent to agreement in writing). Therefore, where the law expressly requires such arrangements to be in writing, it shall be deemed to have been duly complied with and executed between the parties by the agreement of the terms and conditions in electronic form.
- The Customer further expressly declares and confirms that, sufficiently in advance of placing an Order for the Goods and also prior to the conclusion of the contract for the Goods, the Customer has been provided by the Seller with all the information contained in these Terms and Conditions of Sale and Complaints and has become fully acquainted with them in advance, and that the Contract for the Goods shall be concluded by the Customer after he has been made aware of all the provisions, information, declarations and warnings contained in these Terms and Conditions of Sale and Complaints sufficiently in advance of its conclusion and considers them to be clear and understandable.
- The Customer declares that he/she is fully aware of the terms and conditions of these terms and conditions and has no objections to their wording and content.
Sample withdrawal form
(only for the purpose of withdrawal by the Consumer under Article VII)
Notice of withdrawal
– Addressee: ………………………………………
– I hereby give notice that I withdraw from the contract for the purchase of goods ………………………………..
– Date received ……………………………….
– Consumer’s name ………………………..
– Consumer’s address …………………..
– Consumer’s signature …………………………………
– Date …………………………….