Terms of service

Terms and Conditions for e-shop

The mutual rights and obligations of the User and the Operator, in particular the rights and obligations arising from the Purchase Agreement, are governed by these Terms and Conditions (hereinafter referred to as the " Terms and Conditions ").

Definitions in these Terms and Conditions.

Information for the Consumer before concluding the contract

• The Operator enters into contracts, the subject of which is the provision of services, and contracts according to which copyrighted digital content is delivered on CD / DVD, possibly. another carrier.

• With regard to the price of the Goods and transport costs and other charges, the following applies:

The prices of the provided goods and services are listed on the website with VAT, including all fees stipulated by law, however, the cost of delivery of goods or services varies according to the chosen method and transport provider and method of payment. The agreed price does not include any payments, fees or other rewards that the User must spend on services provided by third parties in 
connection with the payment of the agreed price; such costs are paid exclusively by the User.

• In the event of withdrawal from the contract, the Consumer shall bear the costs associated with the return of the Goods, and in the case of a contract concluded by means of distance communication, the costs of returning the Goods if these goods cannot be returned by ordinary mail.

• For withdrawal from the contract the following applies:

• The consumer may not withdraw from the contract:

1. on the provision of services which the Operator has fulfilled with the prior express consent of the Consumer before the expiry of the period for withdrawal from the contract;
2. on the delivery of goods that have been adjusted according to the wishes of the Consumer or for his person,
3. on the supply of perishable goods as well as goods which have been irretrievably mixed with other goods after delivery
4. on the delivery of goods in a closed package, which the Consumer has removed from the package and for hygienic reasons it is not possible to return it.

• The consumer is obliged to pay a proportionate part of the price in the event of withdrawal from the contract, the subject of which is the provision of services and the performance of which has already begun.

• If the Consumer withdraws from the Purchase Agreement, he is obliged to provide in writing his bank account number for the refund of the purchase price for the Goods, which may be reduced, if legal reasons are met.

• If the Consumer withdraws from the Purchase Agreement regarding the Goods, which he returns to the Operator damaged and / or worn, especially if the original markings of the Goods (ie labels, stickers, etc.) are removed, the Consumer is obliged to reimburse the Operator for restoring the Goods to their original condition. The Operator is entitled to unilaterally set off such a claim against the Consumer's right to a refund of the purchase price.

• The form for withdrawal from the Purchase Agreement forms Annex No. 1 to these Terms and Conditions.

• The Consumer is liable to the Operator for the reduction of the value of the Goods as a result of handling these goods in a manner other than that which is necessary to become acquainted with the nature and properties of the Goods, including their functionality.

• The operator does not use the possibility of out-of-court settlement of consumer complaints. Complaints can be made to the supervisory or state supervisor. The Czech Trade Inspection Authority handles out-of-court consumer complaints in the manner and under the conditions stipulated by the relevant legal regulations.

The process of concluding the Contract

• The Operator offers the Users the conclusion of a Purchase Agreement through the E-shop. The offer for concluding the Purchase Agreement by the Operator is the display of a button marked "add to cart" in the user interface of the E-shop.

• The unconditional acceptance by the User of the Operator's offer to conclude the Purchase Agreement pursuant to paragraph 3.1 of these Business Terms and Conditions is considered to be a click on the given button marked "binding order".

• The Purchase Agreement is concluded by unconditional acceptance of the offer pursuant to paragraph 3.2 of these Business Terms and Conditions.

• The Agreement is concluded when the electronic information about the click on the button in the sense of paragraph 3.2 by the User reaches the server where the E-shop is installed via the Internet.

• The User undertakes to fill in the relevant text fields in the user environment of the E-shop with true and complete data, in particular his true e-mail address, identification data and, if applicable, delivery address. The User acknowledges that the Operator will reasonably consider the data entered by him to be correct and complete and is not entitled to check the entered data.

• The Operator will send the User an e-mail message on the conclusion of the Purchase Agreement, to the e-mail address entered by the User in the appropriate field in the user environment of the E-shop.

• All Goods presented within the user environment of the E-shop are for information only and the Operator is not obliged to enter into an Agreement regarding these Goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.

Purchase contract

• By concluding the Purchase Agreement, the following provisions enter into force:

• The User buys from the Operator the Goods that the User has chosen in the user environment of the E-shop by adding them to the Shopping Cart, in the quantity that the User has chosen and / or set for the given Goods in the user environment of the E-shop, and the User undertakes to pay the Operator for the given goods the price stated for such Goods in the user environment of the E-shop.

• The Operator has the right to withdraw from the Purchase Agreement until the moment of sending the Goods to the User, for any reason or without stating a reason. The legal action of the Operator consisting in notifying the User that he cannot deliver the Goods ordered by him is also considered a withdrawal from the Purchase Agreement.

• The Operator is entitled to request the User to confirm the order at any time and until it receives the order confirmation from the User, it is entitled to delay the sending of the Goods to the User.

• The method of packaging the Goods is determined exclusively by the Operator; the provisions of § 2097 of the Civil Code are hereby excluded.

• The User is obliged to pay the Operator the costs associated with the packaging and delivery of the goods to the User, in the amount specified for the order in the user environment of the Portal.

• The User has the right to choose from the options displayed to the User in the user environment of the E-shop the method of payment of the purchase price for the Goods and any other monetary benefits to the Operator.

• If any of the payment methods contains information on the costs of making such a payment, the User is obliged to bear the costs of making such a payment, which are listed for the payment in the user environment of the E-shop.

• In the case of non-cash payment by bank transfer, the user is obliged to indicate the variable symbol specified by the Operator.

• In the case of non-cash payment, the User's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Operator's bank account.

• The Operator has the right to provide the User with a discount on the price of the Goods. Discounts on the price of the Goods may not be combined with each other, unless expressly stated otherwise.

• The purchase price for the Goods does not include any payments, fees or other rewards that the User must spend on services provided by third parties in connection with the payment of the purchase price for the Goods; such costs are exclusively the costs of the User.

• The Operator reserves the ownership right to the Goods, which is the subject of the Purchase Agreement, until the full payment of the purchase price for the Goods by the User.

• The Operator undertakes to deliver the Goods to the User within a reasonable period of time from the conclusion of the Purchase Agreement. All deadlines for delivery of the Goods listed in the user interface of the E-shop are for guidance only.

• Upon request, the Operator shall send the User a tax document - an invoice in electronic form, to the User's email address entered in the given order in the User Environment of the E-shop.

• . If the Operator together with the Goods provides a gift to the User, the donation contract between the User and the Operator is concluded with the untying condition that if the Purchase Agreement terminates (eg for withdrawal from the Purchase Agreement), the gift agreement expires without further notice from the beginning together with the Purchase Agreement and the User is obliged to return the provided gift together with the goods to the Operator.

• The Operator provides the User with a warranty on the Goods if the warranty period is stated for the given Goods in the user environment of the E-shop, for the period of the stated warranty period, while the said warranty applies only to the Consumer.

• The User is entitled to exercise the right to withdraw from the contract and the right from defective performance with the Operator at the address of its registered office. The moment of claim is considered to be the moment when the Operator received the claimed Goods from the User.

• If within the user environment of the E-shop it is stated for the given Goods that it is used, the User buys the Goods in the used condition, including the stated defects of such Goods.

• The risk of loss, damage and / or destruction of the Goods, which is the subject of the Purchase Agreement, passes to the User, who is the Consumer, at the moment of taking over the goods by the User.

• The risk of loss, damage and / or destruction of the Goods that are the subject of the Contract passes to the User, who is not a Consumer, at the moment of handing over the goods to the first carrier.

User account

• The User has the right to establish a User Account by Registration.

• The User is obliged to enter Access Data before entering the User Account.

• The identification data of the User entered during Registration are considered to be the data entered when ordering each Goods that the User makes after logging in to his User Account.

• The User may not provide Access Data or any other access to the User Account to third parties. The user is obliged to take all reasonable measures to keep them confidential. The User is fully responsible for the unauthorized use of these access data or the User Account and for the damage thus caused to the Operator or third parties. In the event of loss, theft or other violation of the right to use these passwords, the User is obliged to notify the Operator immediately. The Operator shall provide the User with new access data within a reasonable period of time.

• In the case of User Registration, the conditions of the provisions of § 1752 paragraph 1 of the Civil Code are met and the Operator is entitled to unilaterally change these Business Conditions; will notify the User of the change via the E-shop and / or by an e-mail message to the User's e-mail address entered in the E-shop database. The User has the right to refuse the change of the Business Conditions within 8 days from the first login to the User Account after notification of the change of the Business Conditions (if delivery via E-shop) or from the delivery of the e-mail message to the User's e-mail box (delivered by e-mail) and the obligation to terminate for this reason within a notice period of 8 days, which the parties agree to be sufficient to procure similar services from another supplier.

Complaints Procedure

• The Operator is responsible to the Consumer that the Goods are free of defects upon receipt

• If the Goods contain defects, the Consumer has the right to request the delivery of new Goods without defects, unless this is unreasonable due to the nature of the defect, but if the defect concerns only a part of the Goods, the Consumer may only request replacement of the part; if this is not possible, he has the right to withdraw from the Purchase Agreement.

• The Consumer has the right to deliver new Goods or replace a part even in the case of a remediable defect, if he cannot use the Goods properly for repeated occurrence of the defect after repair or for a larger number of defects. In such a case, the Consumer has the right to withdraw from the Purchase Agreement.

• If the Consumer does not withdraw from the Purchase Agreement or does not exercise the right to deliver new Goods without defects or to replace its components or to repair the Goods, he may request a reasonable discount. The Consumer is entitled to a reasonable discount even if the Operator cannot deliver new Goods without defects, replace its part or repair the Goods, as well as if the Operator does not remedy the situation within a reasonable time or would generate significant difficulties for the Consumer.

• The right from defective performance does not belong to the Consumer if the Consumer knew before taking over the Goods that the Goods were defective, or if the Consumer himself caused the defect.

• Odpovědnost Provozovatele za vady Zboží se nevztahuje na opotřebení Zboží způsobené jeho obvyklým užíváním, u Zboží prodávaného za nižší kupní cenu na vadu, pro kterou byla nižší kupní cena ujednána, u použitého Zboží na vadu odpovídající míře používání nebo opotřebení, kterou Zboží mělo při převzetí Spotřebitelem, nebo vyplývá-li to z povahy Zboží. The Operator's liability for defects in the Goods does not apply to wear and tear of the Goods caused by its normal use, for Goods sold at a lower purchase price for a defect for which a lower purchase price was agreed, for used Goods for a defect corresponding to the degree of use or wear when taken over by the consumer, or if it follows from the nature of the Goods.

• If a warranty is provided for the Goods, the Consumer has the right to claim liability for defective performance during the warranty period.

• At the request of the Consumer, the Operator is obliged to provide the Consumer with a warranty card. If the nature of the Goods allows it, it is sufficient to issue the Consumer a proof of purchase of the Goods instead of the warranty card, containing data that must contain data such as the warranty card. The warranty card must contain the name and surname, name or business name, ID number and registered office of the Operator.

• In the event that the Consumer exercises his right to eliminate defects of the Goods by repairing the Goods for which the designated entrepreneur for warranty repairs is different from the Operator, whose registered office or place of business is in the same place as in the case of the Operator or in a place closer to the Consumer, the Consumer shall exercise the right to warranty repair at this entrepreneur.

• Complaints about the Goods, including the elimination of defects in the Goods, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the Operator and the Consumer agree on a longer period. After this period, the Consumer has the same rights as if it were a material breach of the Contract.

• The period of time for the settlement of a complaint shall be suspended in the event that the Operator has not received all the documents necessary for the settlement of the given complaint, until the given documents are delivered.

• The Operator or the entity designated by it shall, after the proper settlement of the given complaint, invite the Consumer to take over the repaired Goods.

• The right to exercise rights from defects of the Goods expires in case of unprofessional installation or unprofessional commissioning of the Goods, as well as in case of unprofessional handling, ie especially when using the Goods in conditions that do not correspond to the parameters specified in the documentation for the Goods.

Protection of personal data

• The operator is obliged by law to protect and secure the personal data provided. The operator therefore uses various effective security technologies to protect personal data from unauthorized disclosure or use.

• More detailed information on personal data protection can be found in the Privacy Policy here: https://format.coffee/policies/privacy-policy

Using the E-shop 

• The Operator hereby grants the User a non-exclusive license to use the E-shop in the manner provided for in these Business Terms and Conditions.

• The Operator has the right to change the E-shop, ie its technical solution and / or user interface.

• The Operator has the right to limit or interrupt the functionality of the E-shop or access to it for the time strictly necessary for reasons of maintenance or repair of the E-shop or other reasons on the part of the Operator or a third party.

• The user is obliged to comply with valid and effective legal regulations of the Czech Republic and the European Community when using the E-shop. The User is obliged to compensate all damages that would thus occur to the Operator or third parties in full.

• In the event of a breach of these Business Terms and Conditions or the Purchase Agreement or valid and effective legal regulations, the Operator has the right to cancel the User Account.

Operator 's declaration

• The Operator declares that the data records in the E-shop, as an electronic system, are reliable and are carried out systematically and sequentially and are protected against changes.

• Due to a technical error in the E-shop, the purchase price of the Goods may be displayed with the the amount which does not roughly correspond to the usual price for such Goods on the market; in such a case, the Operator is not obliged to deliver the Goods at the displayed purchase price, contact the User and inform him of the actual purchase price of the Goods and the User has the right to decide whether to accept the Goods at the actual purchase price, and if not the purchase contract is canceled from the beginning.

• The User acknowledges that the photos of the Goods in the E-shop may be illustrative or may cause a distorting impression due to their conversion into display in the User's technical device, therefore the User is always obliged to get acquainted with the full description of the Goods and in case of doubt, contact the Operator.

• Contact details of the Operator for communication with the User are listed in the user interface of the E-shop in the section https://format.coffee/pages/contact .

Electronic records of sales

• Pursuant to the Act on the Registration of Sales, the seller is obliged to issue a receipt to the buyer and at the same time is obliged to register the received sales with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.

• The User will receive an invoice containing mandatory data and a receipt pursuant to Act No. 112/2016 Coll., On the registration of sales, in the form of a link to download these documents or as an e-mail attachment. The buyer agrees to this.

• More information is available on the following websites http://www.etrzby.cz/cs/zakladni-informace-pro-zakazniky

Applicable law

• These Business Conditions, as well as the Purchase Agreement, are governed by the laws of the Czech Republic, in particular the Civil Code.

Effect

• These Terms and Conditions shall enter into force on 22 November 2020.