Business terms and conditions

Business terms and conditions of the trading company Krásná Pálava s. r. o., with the registered office in Brno, Cacovická 66a, postcode 614 00, company ID: 28285069, registered in the Companies Register kept by the Regional Court in Brno, Section C, file 58630, for sale of goods in on-line shop on the address www.cafefara.cz.
 

1. INTRODUCTORY PROVISIONS 

1.1. These business terms and conditions (hereinafter referred to as the “Business Terms and Conditions”) of the trading company Krásná Pálava s. r. o., with the registered office in Brno, Cacovická 66a, postcode 614 00, company ID: 28285069, registered in the Companies Register kept by the Regional Court in Brno, Section C, file 58630 (hereinafter referred to as the “Seller”) regulate mutual rights and obligations of the contracting parties resulting from or in accordance with the purchase contract (hereinafter referred to as the “Purchase Contract”“) made by and between the Seller and a natural person or legal entity (hereinafter referred to as the Buyer”) resulting from sale and purchase in the Seller’s on-line shop. The on-line shop is operated on the address www.cafefara.cz, through the web interface (hereinafter referred to as the “Shop Web Interface”).
1.2. The Business Terms and Conditions also regulate the parties’ rights and obligations resulting from use of the Seller’s website accessible on the address www.cafefara.cz (hereinafter referred to as the “Website”) and other related legal relations. The Business terms and Conditions don’t relate to cases when the person who wishes to buy the goods from the Seller acts within its entrepreneurial activities or buys the goods for subsequent sale or to theft in third party’s favour.
1.3. Provisions diverting from the Business Terms and Conditions may be agreed under the Purchase Contract. The diverting provisions of the Purchase Contract supersede the provisions of the Business Terms and Conditions.
1.4. Provisions of the Business Terms and Conditions form an integral part of the Purchase Contract. The Purchase Contract and the Business Terms and Conditions are drawn up in Czech. The Purchase Contract may be concluded in Czech. 
1.5. The Seller may modify or amend the Business Terms and Conditions. This provision does not affect rights and obligations arisen during the period of effect of the preceding text of the Business Terms and Conditions.
 

1.1. Order form

1.6. The Buyer may order the goods without being registered, directly from the Shop Web Interface.
1.7. When ordering the goods, the Buyer should state accurate and true data. The Seller considers the data provided in the Buyer’s order as true.
1.8. The Buyer is aware of the fact that the on-line shop needn’t be available continuously, particularly at the time of necessary maintenance of the Seller’s hardware and software or necessary maintenance of the third parties’ hardware and software.
 

1.2. Conclusion of Purchase Contract 

1.9. The Shop Web Interface contains a list of goods offered by the Seller, including prices of individual offered items. The prices of the offered goods are stated including the value added tax and the related charges. The offered goods and prices of the goods continue to be valid for the whole period when they are displayed in the Shop Web Interface. This provision does not infringe the Seller’s right to conclude Purchase Contract under individually agreed conditions. All of the offers of goods available in the Shop Web Interface are not binding, and the Seller is not obliged to conclude Purchase Contract related to the goods.
1.10. The Shop Web Interface includes also information about costs connected with packing and delivery of the goods. The information about costs connected with packing and delivery stated in the Shop Web Interface relate only to the goods supplied on the territory of the Czech Republic.
1.11. To order the goods, the Buyer shall fill in the order form in the Shop Web Interface. The order form contains the following information: the goods ordered (the Buyer shall put the ordered goods into the basket in the Shop Web Interface), method of payment of the purchase price, required way of delivery of the ordered goods and information about costs connected with delivery of the goods, the Buyer’s data – first name, surname, address for delivery, contact telephone number, e-mail address (hereinafter jointly referred to as the “Order”).
1.12. Before the Order is sent to the Seller, the Buyer is given the chance to check and modify the data he/she has filled in the Order; this way the Buyer is given the chance to find and correct possible mistakes made when the data were entered in the Order. The Order is sent to the Buyer by pressing the marked key. The Seller considers the data stated in the Order as correct. Immediately after the Seller receives the Order, it should confirm delivery of the Order by an e-mail message sent to the Buyer on the Buyer’s e-mail address given in the Order (hereinafter referred to as the “Buyer’s e-mail address”).
1.13. The Seller is always entitled, depending on the nature of the Order (quantity of the goods, amount of purchase price, expected cost of transport), to ask the Buyer to confirm the Order additionally (e.g. by post or by phone).
1.14. The contractual relations between the Seller and the Buyer arise by delivery of the Order acceptance sent by the Seller to the Buyer by e-mail on the Buyer’s e-mail address.
1.15. The Buyer agrees that the Seller is not obliged to conclude the Purchase Contract, particularly with persons who caused material breached of the Purchase Contract (including the Business Terms and Conditions) in the past.
1.16. The Buyer agrees with use of the remote communication means for conclusion of the Purchase Contract. Costs incurred by the Buyer upon use of the remote communication means in connection with conclusion of the Purchase Contract (cost of Internet connection, cost of telephone calls) shall be settled by the Buyer.
 

1.3. Price of goods and terms of payment 

1.17. Price of the goods and possible costs connected with delivery of the goods in accordance with the Purchase Contract shall be paid by the Buyer upon takeover of the goods in cash sent C.O.D. in the place determined by the Buyer in the Order.
1.18. Together with the purchase price the Buyer shall pay all costs of packing and supply of the goods incurred by the Seller. Unless expressly stated otherwise, the purchase price includes costs connected with supply of the goods.
1.19. In case of payment in cash or C.O.D. the price is due at takeover of the goods.
1.20. The Seller may, in case the Buyer fails to confirm the Order additionally (clause 1.13.), require payment of the purchase price in full before the goods is sent to the Buyer.
1.21. Possible reductions in price of the goods provided by the Seller to the Buyer may not be combined.
1.22. The Seller shall issue an invoice related to payments in accordance with the Purchase Contract to the Buyer. The Seller is a VAT payer. The invoice issued by the Seller for the Buyer will be handed over to the Buyer together with the goods.
 

1.4. Withdrawal from Purchase Contract 

1.23. The Buyer is aware of the fact that in accordance with provision of Section 53 para. 8 of Act No. 40/1964 Coll., Civil Code, as amended (hereinafter referred to as the “Civil Code”) it is not possible to withdraw from a purchase contract for supply of the goods modified upon the Buyer’s request or perishable goods or goods easily wearable or becoming obsolete or from a purchase contract for supply of newspapers, periodicals or magazines.
1.24. Unless it is the case in accordance with clause 1.23. or any other case, when it is not possible to withdraw from the purchase contract, in accordance with provision of Section 53 para. 7 of Civil Code the Buyer is entitled to withdraw from the Purchase Contract within fourteen (14) days from takeover of the goods (decisive is the date when the notice of withdrawal from the Purchase Contract was dispatched). Withdrawal from the Purchase Contract may be sent to the address of the Seller’s establishment or on the Seller’s e-mail address info@cafefara.cz.
1.25. In case of withdrawal from the Purchase Contract in accordance with clause 1.24. of the Business Terms and Conditions, the Purchase Contract is cancelled from the very beginning. The goods shall be returned to the Seller within 5 working days from dispatch of the notice of withdrawal to the Seller (costs connected with return of the goods to the Seller shall be defrayed by the Buyer). Should the Buyer fail to meet its obligation in accordance with the previous sentence, the Seller may impose a contractual fine amounting to CZK 100 (in writing: one hundred Czech crowns) per day of delay to the Buyer, up to maximum amount of the purchase price of the goods. This provision does not affect the right to claim damages resulting from breach of the duty that the contractual fine relates to, even in case when the damage exceeds the contractual fine. The goods returned may not be damaged or worn and in the original package if possible.
1.26. In case of withdrawal from the Purchase Contract in accordance with clause 1.24. of the Business Terms and Conditions the Seller shall return the purchase price (including costs related to supply of the goods – i.e. postage and packing) to the Buyer within thirty (30) days from delivery of the notice of withdrawal from the Purchase Contract at the latest by bank transfer to the bank account specified by the Buyer. The Seller may also return the purchase price in cash upon delivery of the goods by the Buyer.
1.27. The Buyer is aware of the fact that if the goods returned is damaged, worn out or partially consumed, the Seller may claim the incurred damages from the Buyer. The Seller may set off unilaterally the claim for settlement of the incurred damage against the Buyers claim for return of the purchase price. The Seller is also entitled to set off unilaterally the claim for the contractual fine in accordance with clause 1.25. of the Business Terms and Conditions against the Buyer’s claim for return of the purchase price.
 

1.5. Transport and delivery of goods 

1.28. The goods may be transported by a forwarding agent, unless it is stated otherwise under the Purchase Contract.
1.29. If in accordance with the Purchase Contract the Seller shall deliver the goods to the place determined by the Buyer in the Order, the Buyer shall take over the goods upon delivery. If the Buyer fails to take over the goods upon delivery, the Seller may charge a storage fee amounting to CZK 100 (in writing: one hundred Czech crowns) per day, and even the day that has just started, of storage, and it is also entitled to withdraw from the Purchase Contract.
1.30. If it is necessary to deliver the goods repeatedly on in a different way if compared with the delivery method originally ordered under the Order due to reasons on the Buyer’s part, the buyer shall defray costs connected with repeated delivery of the goods or costs connected with the different method of delivery.
1.31. Upon takeover of the goods from the forwarding agent the Buyer shall check intactness of the goods packages, and if any defects are found, the Buyer shall inform the forwarding agent without any delay. If damage to the package is found that is indicative of unauthorized intruding into the parcel, the Buyer is not obliged to take the parcel over. By signature of the delivery note the Buyer certifies that the goods delivered meet all conditions and requisites, and later claim due to damage to the package of the goods may not be admitted.
1.32. Other rights and obligations of the parties upon transport of the goods may be regulated by the Seller’s terms of delivery.
 

1.6. Responsibility for defects; Guarantee 

1.33. The rights and obligations of the contracting parties related to the Seller’s responsibility for damage, including the Seller’s guarantee responsibility, is regulated by the appropriate generally binding regulations (namely provision of Section 612 and the following of Civil Code).
1.34. The Seller is responsible towards the Buyer that the sold item is in compliance with the Purchase Contract and free of defects. Compliance with the Purchase Contract means that the quality and utility value of the sold item are in compliance with the Purchase Contract, described by the Seller, manufacturer or its agent or expected on the basis of advertisement issued by them, or quality and utility value common in the item of the type, and it is in compliance with requirements with requirements of legal regulations, is in the appropriate quantity, amount or weight and it is suitable for the purpose of use proclaimed by the Seller or for which it is usually used.
1.35. In case the item is not in compliance with the Purchase Contract upon takeover (hereinafter referred to as the “inconsistency with the Purchase Contract”), the Buyer may require the Seller to restore the state of the item so that it is in compliance with the Purchase Contract free of charge and without undue delay, either by replacement of the item or its repair as directed by the Buyer; if such process is not possible, the Buyer may require reasonable reduction in price of the item or it is entitled to withdraw from the Contract. This does not apply if the Buyer knew about inconsistency with the Purchase Contract before the Buyer took the item over, or the Buyer itself caused the inconsistency with the Purchase Contract. Inconsistency with the Purchase Contract that will be revealed within six (6) months from the date of takeover of the item is considered as inconsistency existing upon takeover, unless it contradicts nature of the item or the contrary is proved.
1.36. Unless the items are perishable or second-hand, the Seller is responsible for defect revealed as inconsistency with the Purchase Contract after takeover of the item within the guarantee period (guarantee).
1.37. If it is perishable item(s), the rights from responsibility for defects should be asserted not later that on the day following after the purchase or the rights will extinct.
1.38. The Buyer’s rights resulting from the Seller’s responsibility for defects, including the Seller’s responsibility resulting from guarantee, shall be asserted by the Buyer towards the Seller on the address of its establishment: Café Fara in Klentnice, Klentnice 166, Klentnice, postcode 692 02.
 

1.7. Other rights and duties of contracting parties

1.39. The Buyer acquires the right of possession of the goods by payment of the purchase price in full.
1.40. The Buyer is aware of the fact that the software and other items included in the Shop Web Interface (including photographs of the offered goods) are subject to copyright. The Buyer undertakes that it won’t perform any activities that may enable unauthorized intervention in or unauthorized use of the software or other parts contained in the Shop Web Interface by the Buyer or any third parties.
1.41. When making use of the Shop Web Interface the Buyer may not use mechanisms, software or other processes that may affect operation of the Shop Web Interface. The Shop Web Interface may be used only up to extent that won’t limit rights of the Seller’s other customers and is in compliance with its purpose of use. 
1.42. The Seller is not bound with any behaviour codes in accordance with Section 53a para. 1 of Civil Code towards the Buyer.
1.43. The Buyer is aware of the fact that the Seller is not responsible for defects caused by unauthorized intervention by third parties into the website or as a result of use of the website in contradiction with its purpose of use.
 

1.8. Protection of personal data and sending business notices 

1.44. Protection of personal data of the Buyer who is a natural person is regulated by Act No. 101/2000 Coll., on protection of personal data, as amended.
1.45. The Buyer agrees with processing of the following personal data: first name and surname, address of residence or registered office or place of business, address for delivery, company ID (in case of self-employed persons or legal entities), tax ID (in case of self-employed persons or legal entities), e-mail address, telephone number (hereinafter jointly referred to as the “Personal Data”).
1.46. The Buyer agrees that the Seller may process the Buyer’s Personal Data for the purpose of implementation of rights and obligations resulting from the Purchase Contract and for sending information and business notices to the Seller.
1.47. The Buyer is aware of the fact that it should state correct and true Personal Data (when ordering using the Shop Web Interface), and it is obliged to inform the Seller of change in the Personal Data without undue delay.
1.48. The Seller may authorize a third party to process the Buyer’s Personal Data. With exception of the persons delivering the goods, the Buyer’s Personal Data won’t be made available to any third parties without the Buyer’s consent.
1.49. The Personal Data will be processed for indefinite period of time. The Personal Data will be processed in electronic form by automated method or in printed form by non-automated method.
1.50. The Buyer certifies that the provided Personal Data are correct, and it was instructed that provision of the Personal Data is voluntary. The Buyer declares that it was informed that the consent with provision of the Personal Data may be withdrawn by a written notice delivered on the Seller’s address.
1.51. If the Buyer thinks that the Seller or the processing person (see clause 1.48.) processes its Personal Data in contradiction with the principles related to protection of personal and private life or in contradiction with the law, namely if the data are inaccurate considering the purpose for which they are processed, the Buyer may ask the Seller or the processing person for explanation, and require the Seller or the processing person to rectify the state. Particularly, it may require blocking, correction, amending or deleting of the Personal Data. In case the Buyer’s requirement in accordance with the preceding sentence is found justified, the Seller or the processing person should rectify the state immediately. Should the Seller or the processing person fail to meet the Buyer’s requirement, the Buyer may ask for redress directly the Office for Personal Data Protection. This provision does not deprive the Buyer of its right to appeal the Office for Personal Data protection directly.
1.52. In case the Buyer asks for information about processing of personal data, the Seller shall provide the information. The Seller is entitled to ask settlement of costs connected with provision of the information in accordance with the preceding sentence up to the reasonable amount not exceeding costs necessary for provision of the information.
1.53. The Buyer agrees with delivery of notices connected with the Seller’s goods, services or the establishment on the Buyer’s e-mail address, and it also agrees with sending the business notices to the Buyer’s e-mail address by the Seller.
 

1.9. Delivery of notices 

1.54. Unless the contracting parties agree otherwise, any correspondence connected with the Purchase Contract should be delivered to the other contracting party in writing by e-mail, personally or by registered post through provider of postal services (depending on the sender’s choice). The Buyer will receive the notices on the e-mail address it stated in the Order.
1.55. The notice is considered as delivered: if sent by e-mail, at the moment of delivery to the incoming messages; integrity of messages sent by e-mail may be secured by the certificate; if delivered personally or through the provider of the postal services, at the moment of taking  the delivery over by the addressee; or if delivered personally or through the provider of the postal services, also at the moment when the addressee (or person authorized to take the delivery over in its name) refuses to take the delivery over; if delivered by the provider of postal services, ten (10) days from lading the delivery and calling the addressee to take the laded delivery over if the delivery is laden in the provider of postal services, even if the addressee didn’t learn about the lading.
 

1.10. Final Provisions 

1.56. If the relationship connected with use of a website or legal relationship established by a purchase contract contains an international (foreign) element, the contracting parties agree that the relationship will be governed by the Czech law. This does not affect the consumer’s rights resulting from generally binding legal regulations.
1.57. The Seller is entitled to sell the goods on the basis of the trade licence, and the Seller’s business activities are not subject to any other authorizations. The appropriate Trades Licensing Office carries out checks within its sphere of activity.
1.58. If any of the provisions of these Business Terms and Conditions is or becomes invalid or unenforceable, it will be replaced by a valid and enforceable provision purpose of which will be as close as possible to the invalid and unenforceable provision. Invalidity or unenforceability of one provision does not affect validity of the other provisions. Modifications and amendments to the Purchase Contract or these Business Terms and Conditions shall be made in writing.
1.59. The Purchase Contract, including the Business Terms and Conditions, will be kept by the Seller in electronic form, and it is not accessible.
1.60. The Seller’s contact data: address for delivery: Café Fara in Klentnice, Klentnice 166, Klentnice, postcode 692 02, e-mail address: info@cafefara.cz, tel.: +420725217962.