Obchodní podmínky

Business conditions

I. Basic Provisions

These shopping conditions (hereinafter referred to as “Conditions”) govern the contractual relationship between the internet shop www.coffee-embassy.org of company Coffee Embassy z.s. (dále jen „Prodejce“), IČ: 03119432, with registered office Osmého listopadu 436/48, 169 00 Praha 6 – Břevnov, registered in Business Register at the Municipal Court in Prague, section L file no. 60884 (hereinafter referred to as “Seller”), and a buyer who is a consumer or entrepreneur (hereinafter referred to as”Buyer”).

II. Buyer

Everyone who fills out and submits the order on internet website www.coffee-embassy.org becomes the Buyer.

By sending an order the Buyer confirms that he/she is familiar with these Conditions, an integral part of which are the pre-contractual communication, claims procedure and information about the possibility of withdrawal from the contract, and that he/she explicitly agrees with them, in the version in force and effect at the time of order dispatch.

No rights to use registered trademarks, trade names, company logos, etc., are established for the Buyer at buying products on www.coffee-embassy.org  unless in a particular case it is agreed otherwise.

III. Goods and prices

Information about goods and prices listed by the Seller on www.coffee-embassy.org are mandatory, except obvious errors or typos. Prices of goods are presented including and excluding VAT, including all fees prescribed by law, excluding the cost of shipping the goods.

Information about delivery options and accepted methods of payment are set out in Section VI. of these Conditions.

If the value or quantity of goods ordered exceeds standard, the Seller claims the possibility to ask for an advance payment of 50% of the total order; or upon mutual agreement between the Seller and the Buyer.

Any picturing of the goods on www.mamacoffee.cz is for informational purposes only, the actual appearance of the goods may not always fully respond to such data.

The Buyer carries all the expenses for using of the communication means incurred by the Buyer in connection with the selection and purchase of goods in the internet shop www.coffee-embassy.org

IV. Order of goods

By submitting the order on www.coffee-embassy.org there occurs a valid legal relationship between Buyer and Seller, with all the implications that are listed in these Conditions, and all the implications that valid legal system of the Czech Republic requires in such cases of the unwritten contracts.

The ordered goods are delivered at the price valid at the time of order. Thus made order is binding. Seller confirms receiving the order to Buyer without undue delay on the correspondence e-mail.

Seller has the right to withdraw from the Order of Buyer if the goods are sold out or unavailable, or Buyer requests additions or variants which Seller is unable to provide at the time. Seller is obliged to inform the Buyer immediately and Buyer is no longer bound by such an order.

Buyers reception of unordered goods does not establish acceptance of the offer.

V. Delivery of Goods

Seller shall deliver the ordered goods to the delivery address specified in the order by Buyer. The shipment contains goods including tax document from VAT payer.

Seller sends the ordered goods within 2 working days if at the concerned goods is not mentioned a different period of delivery or its´ the unavailability.

Buyer is obliged to accept the ordered goods and pay for it.

Buyer is obliged to check the status shipment together with the transporter when receiving the goods (number of parcels, the integrity of the tape or box damages). Buyer is allowed to refuse to accept the shipment which is incomplete or damaged. In this case, the transporter is obliged to prepare a damage report and send it immediately to Seller at e-mail info@coffee-embassy.org.

If Buyer accepts the shipment nevertheless, Buyer cannot claim complains against the seller due to incomplete delivery or shipment damage.

VI. Prices and methods of delivery and payment of goods

Transport costs shall be borne by Buyer. Orders with a total value exceeding 2000 CZK are, however, transported for free to all the Czech Republic.

Transport costs abroad are paid in full by Buyer regardless of the total contract price. Price per package in this case is determined by the price of the transporter or under other agreements.

Method of delivery for goods sets Buyer in the order by selecting one of the following ways:

  • sent by courier GLS throughout the Czech Republic.
    When paying by COD transport price is 120 CZK, when paying by credit card, by bank transfer  it is 90 CZK including VAT.

 

Method of payment for goods sets Buyer in the order by selecting one of the following ways:

  • In cash when receiving the goods from the transporter (COD)
  • Payment by card or bank transfer

Prices of shipping orders outside of the Czech Republic provides the following table. Prices are in CZK including VAT.

Destination country / parcel weight   < 3 kg   < 5 kg   < 10 kg   < 20 kg
Slovakia 290 360 400 480
Germany, Austria, Hungary, Poland 490 630 760 900
Belgium, Netherlands, Luxembourg, Denmark, Slovenia, Croatia, Lithuania, Latvia, Estonia 625 895 1075 1255
Others on the basis of individual agreements.

Seller does not require any fees in relation on the payment method.

 

VII. Discounts

Seller provides free shipping of goods for the purchases of over 2000 CZK in the Czech Republic.

Wholesale prices. For current offer, please contact info@coffee-embassy.org

For special offers, purchase for charitable projects and NGO demands, or for barter offers, please contact us at info@coffee-embassy.org.

Additional discounts are set by an internal regulation of the organisation and can be applied by regular customers after mutual agreement.

VIII. Order Cancellation and withdrawal from the contract

Buyer may withdraw from the contract within 14 days from receiving of the goods or of the last part of the delivery and within the same period also sends or forwards the withdrawal to Seller. To e-mail contact use the address info@coffee-embassy.org, or the mail address Coffee Embassy z.s., Dukelských hrdinů 47, Prague 7, 170 00.

Buyer is entitled to withdraw from the contract any time before delivery. Seller should, however, be informed of the buyers decision to cancel the order in due time.

Within this period Buyer does not have to indicate the reason for withdrawal from the contract.

Cancellation of an order can be made by e-mail (info@coffee-embassy.org).

Seller is obliged to return to Buyer the amount equivalent to the full price of the goods and paid costs of its delivery in the cheapest offered alternative within 14 days of withdrawal, but not before Buyer passes along the returned goods or proves that he/she the goods sent to Sellers.

Seller returns the money in the same way he accepted the payment from Buyer, if they do not set differently.

Buyer is obliged to send (no COD) or pass on purchased goods to Sellers no later than 14 days after the withdrawal. Goods must be complete, in the original packaging, it must not show signs of wear or damage. Buyer carries the costs of returning the goods to Seller.

If the returned goods have been damaged by breaching of duty of Buyer, the Seller is entitled to claim compensation from Buyer for impairment of goods and credit from reimbursement.

The right of withdrawal does not apply to contracts for the supply of the goods designed specifically according to a wish of Buyer or to their person; goods which are inclined to rapid spoilage; goods which were irreversibly mixed with other goods; or goods for which was broken their hygienic packaging.

The model form for withdrawal from the contract:

Notice of withdrawal from the contract:
– To: Coffee Embassy z.s., Dukelských hrdinů 47, Prague 7, 170 00
– I / We indicate (*) this withdrawal from the contract of sale of the goods
– Ordered on (*) / received on (*)
– Name and surname of consumer / consumers
– Address of consumer / consumers
– Signature of the consumer / consumers (only if this form is sent in paper form)
– Date
(*) Delete as appropriate and fill in details.

IX. The rights and obligations of defective performance

Quality when accepting
If there are deficiencies at received goods (e.g. not agreed or reasonably expected characteristics; not suitable for usual or agreed purpose; not complete; does not correspond to the quantity, measure, weight; or quality does not match other legal, contractual or pre-contractual parameters), these deficiencies of the goods are under the responsibility of Seller.

Within two years from receiving of the goods Buyer can apply at Seller according to his/her requirement a claim to a free remedy or at adequate price discount; if it is not disproportionate to nature of the defect (particularly if the defect cannot be remedied without undue delay), it is possible to claim the delivery of the new thing without defects or new parts without defect, if it concerns only defect of this component.

If the repair or replacement of the goods is not possible, Buyer may require reimbursement of the full purchase price on the basis of withdrawal from the contract.

Within six months of delivery of goods, it is assumed that the defect were already present at delivery.

Seller is not obliged to comply the claim of Buyer if it proves that the Buyer knew of the defect or had caused it before accepting the goods.

At used the goods Seller is not responsible for defects caused by the previous use or wear. At items sold at a lower price Seller is not responsible for defects for which the lower price was negotiated. In such cases Buyer has the right to a reasonable discount instead of the right to exchange the goods.

Statutory rights from defects
Seller is responsible for defects arising after acceptance of the goods in 24-month warranty period or in the period mentioned in advertising, on packaging or in the accompanying instructions.

In that period, Buyer may make a claim and of their own choice to require at the defects, which is a substantial breach of the contract (no matter if it is a defect removable or non-removable):

 

  • elimination of defects by delivery of new thing without defects or supply with the missing thing
  • free remedy
  • reasonable discount from the purchase price
  • refund of the purchase price on the basis of withdrawal from the contract.

 

An essential breach of contract is such, which the offending party knew of, when entering the contract, or should have known that the other party would not have entered into a contract if such breach had been anticipated.

At defect, that is insubstantial breach of contract (regardless, if the defect is removable or non-removable), the Buyer is entitled to claim the removal of defects or reasonable discount of the purchase price.

If correctable defect occurs after repair again (third claim for the same defect or fourth for different defects) or there is a greater number of defects in the goods (at least three defects at the same time), Buyer may claim the right to price reduction, replacement of the goods or termination of the contract .

Seller is not responsible for defects caused by normal wear or failures caused by not obeying the instructions for use.

X. Complaints procedure

Buyer is obliged to file claim at Seller or a person designated for repair without undue delay after the occurrence of defects. When doing so written or electronically, he/she gives his/her contact information, description of the defect and a demand for a method of settling the claim.

Buyer is obliged to inform Seller about the right he chose when announcing of the defect, or without undue delay, after announcing of the defect. Changing this choice without the approval of Seller is only possible when Buyer asked for a repair of the defects, which turn out to be unrecoverable.

If Buyer does not opt for his/her right from fundamental breach of contract in time, it is handled as in a case of minor breach of contract.

Buyer is obliged to prove the purchase of goods (preferably with a copy of the purchase document).

The term for settling a claim runs from handover / delivery of goods to Seller or to the place designated for the repairs. Goods must be clean, complete and packed for transport to suitable packaging to avoid further damage.

Seller shall promptly decide, latest within 3 working days, about the claim or about the necessary expertise, when required. Seller shall inform Buyer about the necessity of professional assessment in this period.

Seller shall execute a claim, including the removal of defects, without undue delay, within 30 days of the claim, if buyer does not agree in writing with a longer period. After this period, Buyer has the same rights as if there were a fundamental breach of contract.

In case Seller refuses to remove the defect from the thing, Buyer may request a reasonable price reduction or withdrawal.

Quality guarantee is extended for a period of time from lodging a claim to its settlement or the time when the Buyer is obliged to pick up the repaired thing. In case of replacement of the goods or of its part, the responsibility of the Seller shall apply as if it were purchase of a new goods or part.

Seller agrees to inform Buyer after settling the claim through e-mail or SMS according to his request.

At legitimate claims a substitute of reasonably incurred costs belongs Buyer. Their rights must be applied within one month after the end of defect reproaching period.

XI. Privacy

Buyer agrees that personal data provided by the seller are processed and stored in accordance with the Act on Personal Data Protection (No. 101/2000 Coll.) for the purpose of the contract only. Buyer has the right to know what personal data Seller records, and is authorized to change the data, or in writing to oppose to their processing. Supervision of Personal Data is performed by the Office for Personal Data Protection.

Buyer may tell Seller that he/she wants to end receiving of busyness communication. It is dome through the electronic address given in relation with the execution of the contract without incurring any costs.

Seller agrees to keep Buyers personal information from third parties except for the contracting transporter for the purpose of delivery. Seller is committed to protecting the personal data of Buyer and adopts measures to prevent unauthorized access to such data, to its destruction, alteration or unauthorized transfer.

XII. Settlement of disputes

Compliance with the duties under the Act No. 634/1992 Coll., On Consumer Protection, as amended, is performed by Czech Trade Inspection Authority (www.coi.cz).

Disputes between Seller and Buyer shall be resolved by mediation.

In case of no amicable solution during mediation is to reach or one of the parties forfeits the mediation procedure, the dispute is under the Act. 216/1994 Sb. submitted to the Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic. Decision is taken by three arbitrators appointed under the Act. The arbitrators shall proceed in accordance with the Arbitration Rules of the Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic. The arbitral finding is the final decision in the matter and the parties agree to respect it. The place of arbitration shall be in Praha, Czech Republic.

XIII. Copyright

All content of the pages, publication or distribution of Web content www.coffee-embassy.org or of its part is prohibited without the written permission of Coffee Embassy z.s.

XIV. Final provisions

Contract and related issues are governed by Czech law. Different arrangements are in agreement over the terms of these conditions capable to prevail.

Changes capable to conditions other than those mutually agreed written form are excluded.

These Conditions come into effect on 7th September 2015.

 

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