• cs

Terms and conditions

of ZM Fruct s.r.o.
having its registered seat at Lidická 700/19, 602 00 Brno – Veveří
Company registration number: 060 85 938
VAT number: CZ 060 85 938
Entered in the Commercial Register maintained by the Regional Court in Brno, Section C, File 99940

governing the sale of goods via the e-shop www.dobrehouby.eu

INTRODUCTORY PROVISIONS

  1. These terms and conditions of ZM Fruct s.r.o., having its registered seat at: Lidická 700/19, 602 00 Brno – Veveří, company registration number: 060 85 938; entered in the Commercial Register maintained by the Regional Court in Brno, Section C, File 99940 (hereinafter as “seller”) govern, pursuant to the provisions of Section 1751 Para 1 of act number 89/2012 Sb., the Civil Code, the mutual rights and obligations of the contracting parties arising from a purchase contract or based on this purchase contract (hereinafter as “purchase contract”) between the seller and other individual (“purchaser”) via the seller’s e-shop. The e-shop is operated by the seller at www.dobrehouby.eu (hereinafter as “website”) via an on-line interface (“on-line interface”).
  2. These terms and conditions do not apply to situations where the person wishing to buy goods from the seller is a legal entity or a person who acts within the scope of his or her business activity or independent entrepreneurial activities.
  3. A purchase contract may stipulate individual conditions which differ from those in these terms and conditions. Different provisions of the purchase contract take precedence over the provisions of the terms and conditions.
  4. The provisions of the terms and conditions constitute an integral part of the purchase contract. The purchase contract and the terms and conditions are executed in Czech. The purchase contract shall be concluded in Czech.
  5. The seller can amend or change the provisions of the terms and conditions at its discretion. This provision does not affect the rights and obligations created during the term of validity of the previous version of the terms and conditions.

CONCLUSION OF PURCHASE CONTRACT

  1. All presentations of goods at the on-line interface are for reference only and the seller is under no obligation to enter into a purchase contract regarding these goods. The provisions of Section 1732 Para 2 of the Civil Code shall not apply.
  2. The on-line interface contains information on goods, and prices, as well as on the costs of returned goods where, due to the nature of the goods, they cannot be returned by ordinary post. The prices of goods are shown inclusive of VAT and all related fees. The prices of the goods shall remain valid for as long as the goods are displayed via the on-line interface. This provision does not affect the seller’s option to conclude a purchase contract under individual conditions.
  3. The on-line interface contains information on the costs of packaging and transportation of the goods. The information on the costs of packaging and transportation of the goods only applies to deliveries of the goods on the territory of the Czech Republic.
  4. To order goods, the purchaser shall fill out the order form via the on-line interface of the e-shop. The order form contains the following information:
    – goods ordered (the goods are “added to cart” at the on-line interface of the e-shop)
    – method of payment for the goods, information on the preferred means of delivery of the goods ordered and
    – information on the costs related to the delivery of the goods (hereinafter as “order”)
    entered by the purchaser, subject to the purchaser’s option to retrieve and correct the data.
  5. Before sending their order, the purchaser shall have the opportunity to check the data entered into the order form and change it where applicable. The purchaser shall send the order to the seller by clicking on “Odeslat objednávku” (Send order). As far as the seller is concerned the data provided in the order form is accurate. Having received the order, the seller shall acknowledge its receipt immediately by sending an e-mail to the purchaser, to the e-mail address given in the user account or in the order form (“purchaser’s e-mail”).
  6. Based on the nature of the order (quantity, purchase price, anticipated costs of transportation) the seller shall be entitled to ask the purchaser for an acknowledgement of the order by phone or in writing.
  7. The contractual relationship between the seller and the purchaser is deemed to have been established upon the receipt of the acknowledgement of the order (acceptance) sent by the seller to the purchaser by e-mail.
  8. The purchaser agrees with the use of communication channels in the process of the conclusion of the purchase contract. The costs incurred by the purchaser with respect to the use of communication channels for the conclusion of the purchase contract (Internet, phone calls) shall be borne by the purchaser, as long as the costs do not exceed the usual rates.

PRICES AND PAYMENT CONDITIONS

  1. The purchaser may pay the price of the goods and the costs of transportation pursuant to the purchase contract, if any, as follows:
    – in cash, as COD, at the place stated in the order
    – in cash at the collection point of the operator
    – via a bank transfer to the account of the seller, as follows:
    Bank details for payments in the Czech Republic in CZK: UniCredit Bank: 1387358860/2700
    Bank details for payments in EUR: UniCredit Bank, IBAN: CZ81 2700 0000 0013 8735 8879,
    BIC/SWIFT: BACXCZPP
    – cashless payment via the Gopay system
    – via credit card
    – cashless payment via the PayPal system
    – via credit granted by a third person
  2. The purchaser shall pay to the seller, along with the purchase price, the agreed-upon costs of packaging and delivery. Unless otherwise explicitly agreed, “purchase price” shall be deemed to include the costs of delivery of the goods.
  3. The seller does not demand any advance payment or a similar payment from the purchaser. This provision does not affect the provisions of clause 4.6 of the terms and conditions, regarding the obligation to pay the purchase price in advance.
  4. In the case of payment in cash or COD, the purchase price shall be paid upon takeover of the goods. In the case of cashless payment the purchase price is due within 7 days of the execution of the purchase contract.
  5. In the case of cashless payment, the purchaser is obliged to pay the purchase price under the assigned variable symbol. In the case of cashless payment, the purchaser’s obligation to pay the purchase price is fulfilled once the respective amount has been transferred to the bank account of the seller.
  6. Where the purchaser has failed to acknowledge the order pursuant to clause 3.6, the seller is entitled to claim that the entire purchase price be paid prior to the shipment of the goods to the purchaser. The provisions of Section 2119 Para 1 of the Civil Code shall not apply.
  7. Individual discounts granted by the seller to the purchaser are not cumulative.
  8. Where an evidently unrealistic purchase price is shown (e.g. CZK 0) the seller reserves the right to remove this item from the order.
  9. As long as it is common in the business environment or stipulated by generally binding legal regulations, the seller shall issue a tax document (invoice) for the purchaser for the payments made under the purchase contract. The seller is a payer of value added tax. The seller shall issue the tax document (invoice) once the purchase price has been paid; and shall send it to the address of the purchaser along with the goods ordered.
  10. Pursuant to the act on registration of sales, the seller is obliged to issue a receipt for the purchaser. The seller is also obliged to record the sale with the relevant tax authority in the on-line regime; or within 48 hours in the event of technical malfunction.

WITHDRAWAL FROM THE PURCHASE CONTRACT

  1. The purchaser acknowledges the fact that, pursuant to Section 1837 of the Civil Code, the withdrawal from the purchase contract on the supply of goods is not possible in the case of goods that have been customised according to the wishes of the purchaser; or in the case of perishable goods; or in the case of goods that have been irreversibly mixed with other goods upon delivery; or in the case of goods supplied in a sealed packaging that has been removed and they can no longer be returned due to hygiene concerns; or in the case of a contract on the supply of audiovisual recordings or computer software where the product has been removed from the original packaging.
  2. With the exception of the cases listed in clause 5.1 of the terms and conditions or other cases in which the withdrawal from the purchase contract is not possible, the purchaser is entitled, pursuant to Section 1829 Para 1 of the Civil Code, to withdraw from the contract within fourteen (14) days of the handover of the goods. Where the contract is for the delivery of several types of goods or partial deliveries, the period shall commence upon takeover of the last part of the delivery. The notice of withdrawal from the purchase contract must be sent to the seller within the aforementioned time period. In order to withdraw from the purchase contract the purchaser may use the form provided by the seller in the “Complaints” section. The purchaser may send the notice of withdrawal from the purchase contract to an address of the seller’s branch or to their e-mail address.
  3. In the event of withdrawal from the purchase contract pursuant to clause 5.2 of the terms and conditions the purchase contract shall be considered null and void. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract. Where the purchaser has withdrawn from the purchase contract, they shall bear all costs incurred with the return of the goods to the seller, even in cases where the goods cannot be sent to the seller by ordinary post due to the nature of the goods.
  4. In the event of withdrawal from the contract pursuant to clause 5.2 of the terms and conditions, the seller shall return to the purchaser the full amount received from them within 30 days of withdrawal from the purchase contract in the same manner as it was received from the purchaser. The seller is entitled to return the amount paid by the purchaser upon the return of the goods or in a different manner, as long as the purchaser agrees and incurs no further costs with the procedure. Where the purchaser has withdrawn from the purchase contract, the seller is not obliged to return the amounts paid by the purchaser until the purchaser has returned the goods or until they have shown evidence that the goods have been sent to the seller.
  5. The seller is entitled to set off, on a unilateral basis, any claims arising from the damage to the goods returned against the purchaser’s claim arising from the purchase price to be returned.
  6. Where the purchaser is entitled to withdraw from the purchase contract pursuant to the provisions of Section 1829 Para 1 of the Civil Code, the seller is entitled to withdraw from the purchase contract at any time prior to the takeover of the goods by the purchaser. In this case the seller shall return to the purchaser, without any undue delay, the purchase price already paid via bank transfer to the bank account designated by the purchaser.
  7. Where a gift is provided with the goods purchased, the purchaser is obliged to return the gift along with the goods in the case of withdrawal from the purchase contract.

TRANSPORTATION AND DELIVERY

  1. Where transportation has been arranged pursuant to the purchaser’s special wish, the purchaser shall bear the risk and any additional costs associated with this means of transportation.
  2. Where, pursuant to the purchase contract, the seller is obliged to deliver the goods to a place of delivery designated by the purchaser’s order, the purchaser shall be obliged to accept the goods upon delivery.
  3. Where, due to circumstances caused by the purchaser, the goods must be delivered repeatedly or in a different manner than stated in the order, the purchaser shall be obliged to reimburse the seller for the costs incurred with the repeated delivery or delivery attempted in a different manner.
  4. The purchaser is obliged to inspect the goods upon delivery in terms of the integrity of packaging; any deficiencies must be reported to the courier and a damage protocol must be drawn up. In the event of damage to the packaging that suggests that the shipment had been tampered with the purchaser is entitled to refuse to accept the goods from the courier.
  5. Other rights and obligations of the contracting parties regarding the transportation of the goods may be addressed in individual conditions of delivery, where issued by the seller.

UNREASONABLE FAILURE TO ACCEPT SHIPMENT

  1. “Unreasonable failure to accept shipment” occurs where the courier or Czech Post returns to the seller any shipment that has not been accepted by the customer during the period of time that it was kept with Czech Post, or where the customer refused to accept the shipment for no legitimate reason. In this case the customer shall be charged a fee corresponding to the actual costs incurred with the transportation of the shipment.
  2. Should the contents of the shipment being returned perish due to their being perishable foodstuffs, the seller shall be entitled to claim from the customer the reimbursement for the total damage, including the costs of the collection procedure.
  3. The failure to accept a shipment constitutes a violation of the terms and conditions, since the purchaser had acknowledged the scope of the order and its price by clicking on “Odeslat objednávku” (Order) and received a confirmation e-mail detailing the order.
  4. The seller is entitled to charge to the purchaser the actual costs of transportation and, where applicable, the destruction of the contents of the shipment, if it contains foodstuffs.

RIGHTS ARISING FROM FAULTY PERFORMANCE

  1. Rights and obligations of the contracting parties regarding rights arising from faulty performance shall be governed by generally binding regulations (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and act number 634/1992 Sb., on consumer protection, as amended).
  2. The seller guarantees to the purchaser that the goods are free from defects. In particular, the seller guarantees to the purchaser that:
    a) upon takeover of the goods, the goods have all the agreed-upon properties and qualities or, in the absence of such agreement, the properties and qualities described by the seller or the purchaser, or those that the purchaser expected considering the nature of the goods or pursuant to the seller’s advertising;
    b) the goods are suitable for the purpose declared by the seller, or for which goods of this kind are typically used,
    c) the goods conform, in terms of quality or workmanship, to an agreed-upon sample or model, as long as quality or workmanship had been defined based on the agreed-upon sample or model;
    d) the goods conform in terms of quantity, level or weight;
    e) the goods conform to relevant legislation.
  3. The provisions of clause 7.2 of the terms and conditions do not apply in the case of goods sold at a reduced price due to a known defect, due to usual tear and wear, or in the case of used goods due to defect corresponding to use or tear and wear, at the time the goods were accepted by the purchaser, or where caused by the nature of the goods as such.
  4. Where a defect manifests itself during the first six months after takeover, the goods shall be deemed to have been defective at the time of handover. The purchaser is entitled to assert their rights arising from defective consumer goods within 24 months of takeover.
  5. The purchaser shall assert their rights arising from faulty performance at the seller’s establishment where the purchaser can do so considering the product portfolio of the establishment, or at the seat or place of business of the seller.
  6. Other rights and obligations of the parties related to the seller’s liability for defects can be governed by the seller’s rules of complaint procedures.

OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

  1. The purchaser shall acquire title to the goods upon payment of the purchase price in full.
  2. The seller is not bound in any way by any codes of ethics within the meaning of Section 1826 Para 1 Letter e) of the Civil Code.
  3. Any out-of-court settlement of consumer disputes shall be brought with Česká obchodní inspekce (Czech Trade Inspection Authority), having its registered seat at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, website: http://www.coi.cz.
  4. The seller is authorised to sell goods upon the basis of a trade certificate. The Trades Licensing Office is the supervisory authority. The Office for Personal Data Protection is the supervisory authority in the field of personal data protection. The Czech Trade Inspection Authority caries out supervision with regard to the compliance with the provision of act number 634/1992 Sb., on consumer protection, as amended.
  5. The purchaser hereby assumes the risk of change in circumstances within the meaning of Section 1765 Para 2 of the Civil Code.
  6. All images and videos are illustrative.

PERSONAL DATA PROTECTION

  1. The protection of personal data of a purchaser who is an individual (natural person) is ensured pursuant to act number 101/2000 Sb., on personal data protection, as amended.
  2. The purchaser agrees with the processing of the following personal data: first name, last name, home address, identification number, VAT number, e-mail, phone (hereinafter as “personal data”).
  3. The purchaser agrees with the processing of their personal data by the seller for the purpose of assertion of the rights and obligations arising from the purchase contract and for the purpose of maintenance of their user account. Where the purchaser has not selected any other option, they shall be deemed to have granted consent with the sending of commercial information. The consent with the processing of personal data within the whole scope of this article is not a mandatory condition for the conclusion of the purchase contract.
  4. The purchaser agrees that they are obliged to provide accurate data (for the purpose of registration, in their user account settings, when placing orders via the on-line interface) and to inform the seller without an undue delay about any change in this personal data.
  5. The seller may hire a third person as a processor of the personal data of the purchaser. In addition to persons actually delivering the goods, the purchaser’s personal data will not be provided to any third person.
  6. Personal data will be processed for an indefinite period. Personal data will be processed electronically or in printed, non-automated form.
  7. The purchaser confirms that the personal data that they have provided is accurate; they also confirm that they have been instructed that they have provided the personal data voluntarily.
  8. Where the purchaser has reason to believe that the controller or processor (Clause 9.5) is processing their personal data in violation of the principles of the protection of the personal and private life of the purchaser or in violation of the applicable law, especially where the personal data is inaccurate considering the purpose of processing, the purchaser may:
    – request clarification from the seller or processor
    – request remedy of the situation.
  9. Where the purchaser has requested information regarding the processing of their personal data, the seller is obliged to provide it. The seller is entitled to charge a reasonable fee for the provision of the information pursuant to the previous sentence, the fee for which shall not exceed the costs incurred with the procedure.

COMMERCIAL COMMUNICATION AND COOKIES

  1. The purchaser agrees to receive commercial communication related to the goods, services or business of the seller at the purchaser’s e-mail address.
  2. The purchaser agrees to have cookies saved onto his computer. Where the purchase via the seller’s website is possible and where the seller’s obligations arising from the purchase contract can be fulfilled without cookies being saved onto the purchaser’s computer, the purchaser may withdraw the aforementioned consent at any time.
  3. The purchaser may receive notices at their e-mail address.

FINAL PROVISIONS

  1. Where the relationship established by the purchase contract contains an international (foreign) element, the contracting parties have agreed that it shall be governed by Czech legislation. This provision does not affect consumer rights arising from generally binding legal regulations.
  2. Should any provision of the terms and conditions be or become invalid or ineffective, it shall be replaced with a new provision whose meaning is as similar as possible to that of the original provision. The invalidity or ineffectiveness of one provision shall not affect the validity of other provisions.
  3. The seller shall retain the purchase contract, including the terms and conditions, in electronic form. It is not generally available.
  4. Seller’s contact information:
    – mailing address and delivery address: Revoluční 167 /28, 620 00 Brno, South Moravian Region
    – e-mail: eshopdobrehouby.eu@seznam.cz
    – phone: + 420 608 93 66 93; weekdays 9:00 a.m. – 4:00 p.m.

Brno, 1 February 2018