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Terms and Conditions of company
Taste Of Asia s.r.o.
with registered office: Nákupní 468/14, 736 01, Havířov - Město
Company ID: 07451962
for sale of goods and services through an online store located at www.tasteofasia.cz
The company is registered in the Commercial Register kept at the Regional Court in Ostrava, Section C, File No. 75844.
1. INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions (hereinafter referred to as the "Terms and Conditions") of the Seller adjust, in the sense of Section 1751 of Act No. 89/2012 ("Civil Code"), the mutual rights and obligations of the parties arising out of and / (hereinafter referred to as the "Purchase Agreement") concluded between the seller and another regular or legal person (hereinafter referred to as the "Buyer") through the seller's Internet e-shop. The e-shop is operated by the seller at www.tasteofasia.cz via the web interface (hereinafter referred to as the "web interface of the e-shop").
1.2. The Business Terms also govern the rights and obligations of the parties in using the Seller's Website located at www.tasteofasia.cz (hereinafter referred to as the "Website") and other related legal relationships.
1.3. The buyer is a consumer or a businessman. A consumer is any person who act outside his / her business activity. Businessman means a person referred in § 420 and 421 of the Civil Code.
1.4. Provisions derogating from the terms and conditions may be negotiated in the sales contract. Distinctive arrangements in the sales contract take precedence over the provisions of the terms and conditions.
1.5. Business terms and conditions are an integral part of the sales contract. The Purchase Agreement and the Business Terms and Conditions are prepared in the Czech language. The purchase contract can be concluded in the Czech language.
1.6. The Seller may modify or supplement the terms and conditions of business terms to the extent appropriate, without prejudice to the rights and obligations arising during the effective date of the Business Terms and Conditions. The Seller shall notify the seller of the change of business terms by publication on the website. It is true that the buyer accepts the terms of business if he agrees to the terms of business by submitting an order under Article 3.4. these terms of service or by logging into the user account (see below).
2. USER ACCOUNT
2.1. Based on buyer registration made on a website, buyers can access their user interface. From the user interface, the buyer can perform the ordering of the goods (hereinafter referred to as the "user account"). In case the web-based interface of the e-shop allows, the buyer can also order the goods without registration.
2.2. For the purpose of registering a buyer on a website, using it for purchasers, and for the purpose of ordering the goods and closing and fulfilling the purchase contract, the Buyer is obliged to provide the Seller with the correct, complete and truthful data regarding the buyer, to the extent required by Seller, which by their very nature may be personal data buyer. The buyer is obliged to notify the seller of any change to the buyer's data. Seller is not liable for any damage incurred by the buyer or third party as a result of breach of Buyer's obligations under this clause 2.2 of the Business Terms and Conditions.
2.3. Authorized access to a user account is only possible after entering the user name and password of the buyer on a website. Buyer is required to keep secret and not to provide his / her username and password to any person and acknowledges that the seller is not responsible for any unauthorized access to the user account or any damage arising from unauthorized access to the buyer's user account.
2.4. The buyer is not authorized to allow the use of the user account to third parties.
2.5. Seller may cancel the user account, especially if the buyer does not use his user account for more than 1 year, or if the buyer violates his obligations under the sales contract (including business terms).
2.6. The Buyer notes that the user account may not be available continuously, especially regarding the necessary maintenance of the hardware and software of the Seller, necessary maintenance of hardware and software of third parties.
3. Purchase contract
3.1. The e-shop's web interface includes a list of merchandise offered by the seller for sale, including the prices of the individual goods offered. The prices of the offered goods are listed including all related fees. The sale of goods and the prices of these goods remain valid for as long as they are displayed in the e-shop's web interface. This provision does not limit the seller's ability to conclude a purchase contract for individually negotiated terms. All offers of goods placed in the e-shop's web interface are non-binding and the seller is not obliged to conclude a purchase contract with the buyer regarding the offered goods.
3.2. The web interface of the e-shop also contains information on the costs associated with packing and delivery of goods.
3.3. To order the goods, the buyer will complete the order form in the e-shop's web interface, especially information about the buyer required by the seller. The buyer inserts the ordered goods into the electronic shopping cart where information is available on the total price of the goods purchased and the costs associated with the delivery of the ordered goods (hereinafter collectively referred to as the "order").
3.5. The Buyer declares that the information given in the order is correct, complete and true. The Seller shall acknowledge receipt by the Seller to the Purchaser by e-mail to Buyer's e-mail address specified in the User Interface or in the Purchase Order (hereinafter referred to as the "Buyer's E-mail Address"), as well as a Buyer's Purchase Agreement.
3.6. The seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by phone), depending on the nature of the order (quantity of goods, purchase price, estimated transport costs).
3.7. The contractual relationship between the seller and the buyer arises at the moment of delivery of the vendor's confirmation of acceptance of the order (acceptance), which is sent to the buyer by e-mail to the buyer by e-mail to the buyer's e-mail address.
3.8. The Buyer acknowledges that the seller reserves the right not to conclude any sales contract at his discretion with the buyer.
3.9. The buyer agrees to use remote means of communication when concluding the purchase contract. Costs incurred by the buyer when using distance means of communication in connection with the conclusion of the purchase contract (costs of internet connection, telephone call costs) pays the buyer himself.
4. PRICE OF GOODS AND PAYMENT CONDITIONS
4.1. All prices are contractual. The e-shop's web interface is always up-to-date and valid. The prices are final, it is inclusive all other taxes and fees that the consumer has to pay for the goods to be paid, this does not apply to any charges for transportation etc.
4.2. Eventual action prices are valid until the stock is sold out, when the number of pieces of the stock is listed or for a fixed period of time.
4.3. The Goods and any costs associated with the delivery of goods under the Purchase Agreement may be reimbursed by the Buyer to Seller in the manner specified in the appendix to these Terms and Conditions available on the Website and referred to as Transport and Payment terms
4.4. Together with the purchase price, the buyer is also required to pay the seller the cost of packing and delivering the goods. Unless otherwise specified, the purchase price and the costs associated with the delivery of the goods are further understood.
4.5. In the case of cash on delivery, the purchase price is payable upon receipt of the goods.
4.6. In the case of bank transfer payment, the purchaser's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account. In the case of bank transfer payment, the purchase price is payable within 5 days of the purchase agreement. If the purchase price is not paid by bank transfer within 5 days, the seller cancels the order and notifies the buyer by e-mail to the address stated in the order.
4.7. In the case of non-cash payment, the purchaser's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account. In the case of non-cash payment, the purchase price is payable within 5 days of the purchase contract being concluded. If the purchase price is not paid in cash within 5 days, the seller cancels the order and notifies the buyer by e-mail to the address stated in the order.
4.8. The Seller may at any time require payment of the full purchase price before the goods are dispatched to the buyer.
4.9. Any discounts on the price of goods provided by the seller to the buyer cannot be combined.
4.10. By concluding a purchase contract, the buyer gives the seller permission to process his contact details until the time of his written opposition to the processing. The contact details that the buyer will provide when ordering is used exclusively for our needs and will not be provided to other entities, except for payment providers and freight forwarders.
5. WITHDRAWAL FROM THE BUYER'S CONTRACT
Withdrawal from the purchase contract by the consumer buyer
5.1. The consumer purchaser is entitled to withdraw from the purchase contract in accordance with Section 1829 of the Civil Code within 14 days of receipt of the goods if the purchase contract was concluded by means of distance communication. If the consumer chooses to use this right, the seller must resign from the contract no later than the 14th day after the receipt of the goods. The buyer bears the costs associated with the return of the goods to the seller and the direct costs associated with the return of the goods if he cannot be returned by his normal postal route.
5.3. The buyer may withdraw from the sales contract by sending to the address of Taste Of Asia s.r.o. ul. Nákupní 468/14, 736 01, Havířov or the seller's e-mail address, see contacts. In the event of withdrawal under Article 5.1 of the Business Terms, the Purchase Agreement is abolished from the outset. Goods must be returned to the seller within 14 calendar days of dispatch of the contract to the seller to the address of the seller Taste Of Asia s.r.o. ul. Nákupní 468/14, 736 01, Havířov. Goods must be returned to the seller undamaged and unused and, if possible, in the original packaging. The buyer is liable to the seller only for the diminished value of the goods that have been incurred as a consequence of the handling of the goods other than the necessity to dispose of them in view of their nature and properties.
5.4. In the event of withdrawal under Article 5.1 of the Terms and Conditions of Sale, the seller shall return to the purchaser, within 14 days of the withdrawal of the contract, all funds, including the delivery costs which he has accepted under the contract, in the same way but not before delivery of the returned goods to the address of the seller Taste Of Asia s.r.o. ul. Nákupní 468/14, 736 01, Havířov (or before you prove that returned goods have already been sent to us). The seller will only accept the money received by the consumer in another way if the consumer agrees with it and does not incur any additional costs. If the buyer opts for a different than the cheapest way of delivering the goods offered by the seller, the buyer returns the buyer the cost of delivering the goods corresponding to the cheapest way of delivering the goods.
5.5. Except in cases where withdrawal is expressly agreed, the consumer cannot withdraw from the contracts:
(a) the provision of services if they have been fulfilled with his prior express consent before the expiry of the withdrawal period and the trader has informed the consumer, before concluding the contract, that in that case he has no right to withdraw from the contract,
(b) the supply of goods or services the price of which depends on financial market disparities, irrespective of the will of the trader and which may occur during the withdrawal period,
(c) the supply of alcoholic beverages which may be supplied only after thirty days and whose price depends on financial market displacements independent of the entrepreneur's will,
(d) the supply of goods which has been adjusted, as the consumer wishes or for himself,
(e) the supply of perishable goods and goods which have been irreversibly mixed with other goods after delivery,
(f) repairs or maintenance carried out at a place designated by the consumer at his request; this does not apply in case of subsequent execution of non-requested repairs or delivery of spare parts other than those requested,
(g) the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons,
(h) the supply of a sound or image recording or a computer program if it has broken its original packaging,
(i) the supply of newspapers, periodicals or magazines,
(j) accommodation, transport, boarding or leisure activities, provided that the contractor provides such services within a specified time,
(k) by public auction under the law governing public auctions, or
(l) the supply of digital content if it has not been delivered on a physical medium and has been supplied with the prior express consent of the consumer before the expiry of the withdrawal period and the trader has communicated to the consumer that in that case, he has no right to withdraw from the contract.
5.6. Buyer acknowledges that if the goods returned by the buyer are damaged, worn or partially consumed, the seller is entitled to the buyer's claim for damages to the buyer. The seller is entitled to indemnify one party against the buyer's claim for repayment of the purchase price.
5.7. Upon receipt of the goods by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller shall return the purchase price to the buyer without undue delay, in the same manner as the Seller has accepted the payment. The seller will only accept the money received by the consumer in another way if the consumer agrees with it and does not incur any additional costs.
5.8. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the condition that if the consumer withdraws from the purchase contract, the gift agreement will expire, and the buyer is obliged to return the goods to the seller provided gift.
6. TRANSPORT, DELIVERY AND TRANSFER OF GOODS
6.1. The method of delivery of the goods is determined by the seller, unless stipulated otherwise in the sales contract. If the mode of transport is agreed upon by the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
6.2. If the seller is obliged to deliver the goods in the place specified by the buyer in the order, according to the purchase contract, the buyer is obliged to take over the goods upon delivery.
6.3. If, for reasons of buyer's need, it is necessary to deliver the goods repeatedly or in any other way than stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively. costs associated with another delivery method.
6.4. Upon receipt of the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without undue delay. By signing the delivery / shipping slip, the buyer confirms that the shipment of the goods has met all the terms and conditions, and any later complaint about the shipment may not be taken into account.
7. WARRANTY CLAIM
7.1. The rights and obligations of the parties regarding the seller's liability for defects, including the seller's warranty, are governed by the applicable generally binding regulations and the Warranty claim.
7.2. Buyer's rights arising from Seller's liability for defects are claimed by the buyer at the seller's address at the address Taste Of Asia s.r.o. ul. Nákupní 468/14, 736 01, Havířov
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. The Purchaser acknowledges that the software and other components that make up the web-based interface of the e-shop (including photographs of the offered goods) are copyrighted. Buyer undertakes not to engage in any activity that could allow him / her or third parties to tamper with or use the software or other components that make up the web-based interface of the e-shop unjustifiably.
8.3. The buyer is not entitled to use mechanisms, software or other procedures that could negatively affect the web interface of the e-shop when using the e-shop web interface. The e-shop web interface can only be used to the extent that it does not detract from the rights of the other customers of the seller and is in accordance with its intended purpose.
8.4. The Seller is not bound by any Code of Conduct in relation to the Purchaser within the meaning of Section 1826 (1) of the Civil Code.
8.5. The Buyer acknowledges that Seller is not responsible for any errors resulting from third-party attacks on a website or the use of a website contrary to their designation.
8.6. In accordance with § 1820 (1) j) purchasers acknowledge that in the context of out-of-court complaint handling of consumers, the buyer can turn to the Czech Trade Inspection. Submissions to the Czech Trade Inspection may be submitted in writing or, via an e-mail on the internet web pages www.coi.cz.
9. PROTECTION OF PERSONAL DATA
9.1 The operator shall process the personal data in accordance with the following legal regulations
• Personal Data Protection Act No. 101/2000 Coll.,
• Regulation (EU) 2016/679 of the European Parliament and of the Council (hereafter "the Regulation")
• Act No. 480/2004 on Information Society Services
• Act No. 563/1991 Coll., On Accounting, as amended, Act No. 89/2012 Coll., The Civil Code, Act No. 634/1992 Coll., On Consumer Protection, if applicable in accordance with other legal regulations
10.1. Unless otherwise agreed, any correspondence relating to the Purchase Agreement shall be delivered to the other Party in writing, by e-mail, in person or by registered postal service provider (at the option of the sender). The buyer is delivered to the email address listed in his user account.
10.2. Message received:
in the case of delivery by e-mail, when it is received at the incoming mail server; the integrity of messages sent by e-mail can be secured by a certificate,
in the case of delivery in person or through a postal service operator by taking over the consignment by the addressee,
in the case of delivery in person or through the postal service operator, also by refusing to accept the consignment, if the addressee (or the person authorized to take over the consignment) refuses to take over the consignment,
in the case of delivery through the postal service provider within ten (10) days from the deposit of the consignment and the giving of the request to the addressee to take over the stored consignment, if the postal item is deposited with the postal operator, even if the addressee did not know the deposit.
11. FINAL ARRANGEMENTS
11.1. If the relationship associated with the use of the website or the legal relationship established by the Purchase Agreement contains an international element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights under generally binding legal regulations.
11.2. If any provision of the Terms of Business is invalid or ineffective, or if it occurs, instead of invalid clauses, a provision will be introduced to the extent that the purpose of the invalid clause is as close as possible. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions. Changes and additions to the sales contract or business terms require a written form.
11.3. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
11.4. Contact details of the seller: Delivery address Taste Of Asia s.r.o. ul. Nákupní 468/14, 736 01, Havířov, e-mail address see contacts
These Terms and Conditions become effective on 11/11/2018