Terms and Conditions EN

General Terms and Conditions of Truhlářství Zajíček s.r.o., Company ID: 06100368, with registered office at Ždírec 152, 588 13 Polná

1. Preamble

These General Terms and Conditions (hereinafter referred to as "GTC") apply to purchases in the online store kafebox.cz, operated by Truhlářství Zajíček s.r.o., Company ID: 06100368, with registered office at Ždírec 152, 588 13 Polná, registered in the Commercial Register of the Regional Court in Brno, section C, file 100037.

These GTC regulate the relationship between the Buyer and the Seller in the area of the sale of goods between Truhlářství Zajíček s.r.o., Company ID: 06100368, with registered office at Ždírec 152, 588 13 Polná, registered in the Commercial Register of the Regional Court in Brno, section C, file 100037 (hereinafter referred to as the "Seller") and its business partners (hereinafter referred to as the "Buyer").

All contractual relationships are concluded in accordance with the legal order of the Czech Republic. By submitting an order, the Buyer confirms that they have read these terms and conditions, including the complaints procedure, and agree with them. The Buyer is sufficiently informed about these terms and conditions before placing the order and has the opportunity to review them.

2. Definitions

1.Consumer: A consumer is a natural person who, when entering into and fulfilling a purchase agreement with the Seller, does not act within the scope of their business or other entrepreneurial activities or in the performance of their independent profession. The consumer, when initiating business relations, provides the Seller only with their contact information necessary to process the order smoothly, and, if applicable, the details they want included on the purchase documents.

The legal relations between the Seller and the consumer not explicitly regulated by these terms and conditions are governed by the relevant provisions of Act No. 40/1964 Coll., the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, both in their valid versions, as well as other related regulations.

2.Entrepreneur: An entrepreneur is understood to be:

• A person registered in the commercial register (mainly business companies),
• A person who conducts business based on a trade license (entrepreneur registered in the trade register),
• A person who conducts business based on a non-trade license according to special regulations (such as free professions like law, etc.),
• A person engaged in agricultural production and registered in the relevant register according to special regulations.

The legal relations between the Seller and the Buyer who is an entrepreneur, not explicitly regulated by these terms and conditions or the agreement between the Seller and the Buyer, are governed by the relevant provisions of Act No. 513/1991 Coll., the Commercial Code, in its valid version, as well as other related regulations.

An individual agreement between the Seller and the Buyer takes precedence over the terms and conditions.

3. Consumer Contract

A purchase agreement, work contract, or other contracts under the Civil Code, where the parties are, on one side, a consumer and, on the other side, a supplier (i.e., the Seller). 

3. Processing of Personal Data

All handling of Buyers' personal data is governed by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended, and other legal regulations in force in the Czech Republic. By their voluntary decision (clicking the "Place Binding Order" button), the Buyer indicates that they are aware of all the above-mentioned facts and agree to further processing of their personal data for the business purposes of the operator of this e-shop. Providing personal data is voluntary, and you have the right to access your data and are entitled to rights protection as stipulated by law. This consent may be revoked in writing at any time. Personal data will be fully secured against misuse. The data will be stored and not shared with third-party applications.

The Controller hereby informs the data subject and explicitly advises them of the rights arising from Act No. 101/2000 Coll., on the Protection of Personal Data, particularly that the provision of personal data to the Controller is voluntary, the data subject has the right to access such data, has the right to revoke the above-mentioned consent at any time in writing at the Controller's address, and in case of violation of their rights, may contact the Office for Personal Data Protection to seek appropriate remedies, such as requiring the Controller to cease the unlawful activity, rectify the situation, issue an apology, make corrections or additions, block, destroy personal data, provide monetary compensation, and exercise other rights under Sections 11 and 21 of this Act. If the Buyer wishes to correct personal data processed by the Operator or Seller, they can request this via the email address info@kafebox.cz or the above-mentioned postal address of the Operator or Seller.

4. Order and Conclusion of Contract

The Buyer is entitled to order goods from the Seller via the e-shop's ordering system, email, or telephone.

The proposal to conclude a purchase contract is the display of offered goods by the Seller on the website. The purchase contract is formed by the submission of the order, or the Buyer's telephone order, and its acceptance by the Seller. The Seller shall promptly confirm this acceptance to the Buyer by sending an informational email to the provided email address. However, this confirmation does not affect the formation of the contract. The formed contract (including the agreed price) can only be modified or canceled by mutual agreement of the parties or on legal grounds.

These General Terms and Conditions are issued in both Czech and English, and the purchase contract may be concluded in either language. A consumer residing in a European Union Member State outside the Czech Republic or who is a citizen of an EU Member State outside the Czech Republic agrees to the conclusion of the purchase contract by confirming the order. Once the purchase contract has been concluded, it is not possible to verify whether errors occurred during data processing before submitting the order or to correct such errors. The concluded purchase contract will be archived by the Seller and made available to the Buyer upon request for a period of two years from the date of its signing.

5. Price and Payment

The prices offered and displayed on the Seller's e-shop are contractual, final, always current, and valid for as long as they are offered in the online store by the Seller. The delivery costs are specified in the section "Delivery Time and Conditions." The Buyer bears the costs of using remote communication tools. The final calculated price in the order form includes delivery costs. The price stated for the goods at the time of the Buyer's order is the price valid for concluding the Contract between the Seller and Buyer. The tax document based on the purchase contract serves as a delivery note as well. The Buyer can only take possession of the goods after full payment unless otherwise agreed.

In cases where the Buyer makes a payment, and the Seller subsequently cannot deliver the goods, the Seller shall promptly refund the amount to the Buyer in an agreed manner. The time for returning the funds depends on the chosen method but must not exceed 30 days from the moment the inability to deliver arises.

Until full payment is made, the goods remain the property of the Seller. The Seller accepts the following payment methods:

• Cash payment upon receipt
• Advance payment via bank transfer
• Card payment through a payment gateway

6. Delivery Time and Delivery Conditions

The Seller will fulfill the delivery of the goods by handing them over to the Buyer, or by handing them over to the first carrier, thus transferring the risk of damage to the goods to the Buyer. The availability of the product is always indicated in the product details. The delivery time depends on product availability, payment conditions, and delivery conditions and is a maximum of 8 days. In normal cases, the goods will be dispatched within 3 working days after full payment of the purchase price. The final delivery date is always stated in the email confirming the order. Installation of the purchased goods is not part of the delivery. The Buyer will receive a tax document/invoice together with the shipment.

The delivery time for goods that are to be paid upon receipt (i.e., cash on delivery) starts from the day the purchase contract is validly concluded, according to Article IV of these GTC. If the Buyer has chosen another payment option than paying upon receipt, the delivery time begins only after the full payment has been made, i.e., after the relevant amount is credited to the Seller's account. The Seller accepts the following delivery conditions:

Carrier: PPL, DHL

Personal pickup

7. Returns

As a consumer, you have the right to return goods within 14 days if purchased via the online store. In such cases, the goods must be returned undamaged, unused, and without signs of use. You should test and inspect the goods as you would in a regular brick-and-mortar store. If there are signs of wear or other usage, we may reduce the purchase price before returning the goods to compensate for the depreciation of the goods caused by such handling.

An alternative option is to exchange the goods for free within 14 days of purchase, with the Buyer only paying for the shipping. Any price difference will be paid by the Buyer based on the invoice issued by the Seller. If the new product is more expensive, the Buyer will pay the difference to the Seller's account: For customers from the Czech Republic, use account number: 2001245391/2010. For customers from other countries, use account number: 2199444213/0800, IBAN: CZ2008000000002199444213. The exact amount will be specified and sent to the Buyer's email. After payment and receipt of the exchanged product at the Seller's address, the new product will be dispatched.

Returned or exchanged goods must be delivered or sent to the address: Truhlářství Zajíček s.r.o., Ždírec 152, 588 13 Polná. Include a copy of the purchase document and a note explaining why the product is being returned or what it should be exchanged for. This note should also be sent to the email: info@kafebox.cz.

8. Warranty and Service

For consumer goods, the warranty period is 24 months; for food products, the warranty period is 8 days. If the product, its packaging, or instructions include a use-by date according to special legal regulations, the warranty expires when that date passes.

The warranty does not cover wear and tear caused by normal use. For goods sold at a lower price, the warranty does not apply to defects for which the lower price was agreed. For used goods, the Seller is not responsible for defects corresponding to the level of use or wear the goods had when the Buyer received them.

To claim a warranty repair, the purchase document (receipt, invoice, leasing contract), or the warranty card must be presented. If the goods are sent to the Seller, they must be packed properly for transport to prevent damage during shipping.

The Seller does not provide post-warranty service.

9. Complaint Procedure

If a defect occurs during the warranty period, the Buyer has the following rights, depending on the nature of the defect:

For repairable defects:

The right to a free, proper, and timely repair of the defect

The right to exchange the defective goods or a defective part if the nature of the defect allows it

If the above remedies are not possible, the Buyer has the right to a reasonable discount on the purchase price or to withdraw from the purchase contract

For non-repairable defects:

The right to exchange the defective goods or withdraw from the purchase contract

In case of a repairable defect, if the Buyer cannot use the goods due to a recurring defect after repair (i.e., the goods have been returned 3 times for the same defect) or if there are multiple defects, the Buyer has the right to exchange the goods or withdraw from the purchase contract

If the Buyer does not demand an exchange:

The right to a reasonable discount on the purchase price or to withdraw from the purchase contract.

Complaints can be made to the Seller at any of its establishments.

Complaints do not apply in cases where:

The defect or damage was caused by incorrect use, contrary to the instructions, or other improper actions by the Buyer

The Buyer made unauthorized interventions in the goods or the defect arose from normal wear and tear

Defects were caused by natural disasters

10. Termination of the Contract

Due to the nature of the purchase contract concluded via distance communication, the Buyer, who is a consumer, has the right to withdraw from this contract without penalty within 14 days from receiving the goods. The Buyer, who is a consumer, also has the right to withdraw from the contract in accordance with § 53, paragraphs 7 and 8 of Act No. 40/1964 Coll., Civil Code, as amended. The above does not apply to Buyers who are entrepreneurs and conclude the purchase contract in connection with their business activity. In the case of such withdrawal, the purchase price will be refunded to the Buyer's bank account, which the Buyer must provide to the Seller.

The Seller has the right to withdraw from the contract if the Buyer does not pay the full purchase price within 30 days from the conclusion of the contract.

11. Dispute Resolution

1. Out-of-Court Dispute Resolution
   In the event of a dispute between the seller (Kafebox.cz) and the buyer, the parties agree to attempt to resolve the dispute amicably first. The buyer can contact the seller with their suggestions or complaints via email at info@kafebox.cz or by phone at +420.

2. Consumer Dispute Resolution
   The buyer – consumer has the right to contact the consumer dispute resolution body, which is the Czech Trade Inspection Authority (ČOI). Contact details:

   • Czech Trade Inspection Authority

   • Central Inspectorate – ADR Department

   • Štěpánská 44, 110 00 Prague 1

   • Website: https://www.coi.cz

   • Email: adr@coi.cz

   • Phone: +420 296 366 360

The buyer can also use the online dispute resolution platform available at https://ec.europa.eu/consumers/odr.

1. Judicial Dispute Resolution
   If the dispute cannot be resolved amicably or through out-of-court resolution, it can be settled through legal proceedings in accordance with the applicable laws of the Czech Republic. The competent court is the one in the jurisdiction of the seller's registered office, unless otherwise stipulated by law.

12. Final Provisions

The Buyer shall allow the Seller to fulfill its obligations according to the Offer/Contract and will cooperate as necessary.

The Buyer agrees to cover all costs incurred by the Seller due to sending reminders and costs associated with debt collection.

The Buyer acknowledges that the Seller is entitled to assign its receivables from the contract to a third party.

The Buyer will promptly inform the Seller of any change in their identification details, no later than 5 working days from the change.

The parties agree to make every effort to resolve any disputes arising from the contract and/or these GTC amicably.

The contractual relationship between the parties is governed by the legal order of the Czech Republic, particularly Act No. 40/1964 Coll., the Civil Code, as amended. In case of contracting with an international element, the parties agree that the law of the Czech Republic will govern the purchase contract and these GTC, excluding the use of the "UN Convention on Contracts for the International Sale of Goods."

If any provision of the contract and/or GTC is or becomes invalid or unenforceable, it will not affect the validity and enforceability of the remaining provisions. In such cases, the parties agree to replace the invalid or unenforceable provision with a valid and enforceable one, which will have as similar an effect as legally possible.

In case of disputes (except for cases where exclusive jurisdiction is given to arbitration and/or in connection with such disputes), the parties agree that the exclusive jurisdiction for all future disputes arising from the contract and/or GTC is the District Court in Jihlava.

These GTC are valid and effective from August 8, 2019, and are also available on the Seller's website. The Seller may change these GTC at any time. The revised GTC will replace the previous version on the day they come into effect.