Terms & Conditions
Media Group Services s.r.o. with its registered office at Mostecka 273/21, 118 00 Prague, Czech Republic, VATIN: CZ03958400, company registration number(CRN): 03958400, registered in the Commercial Register in the Czech Republic kept at the District Court in Prague under file number C240093.
1.1. These Business Terms & Conditions (further referred to as the ” Terms & Conditions “) of a business company Media Group Services s.r.o. with its registered office at Mostecka 273/21, 118 00 Prague, Czech Republic, VATIN: CZ03958400, company registration number(CRN): 03958400, registered in the Commercial Register in the Czech Republic kept at the District Court in Prague under file number C240093, (further referred to as the ” Seller “) in accordance with the provisions of §1751 section 1 of Act No. 89/2012 Coll., the Civil Code (further referred to as the “Civil Code”), the mutual rights and obligations of the parties arising out of or in connection with the Purchase Contract (further referred to as the “Purchase Contract” ) concluded between the seller and another physical person (the “buyer”) via the seller’s internet shop. The e-shop is operated by the seller on a web site www.culinaryonline.eu located on the Internet (further referred to as the “Website”) through the web interface (further referred to as the “web interface of the shop”).
1.2. Business terms do not apply to cases where a person intending to buy the goods from a seller is a legal entity or person who acts when ordering goods in the course of their business or in their independent pursuit of their profession.
1.3. 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.
1.4. 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 English language. The purchase contract can be concluded in the English language.
1.5. The seller may change or add the wording of the business terms. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
2. Conclusion of purchase contract
2.1. All presentations of goods placed in the web interface of the shop are informative and the seller is not obliged to conclude a purchase contract for these goods. §1732 section 2 of the Civil Code does not apply.
2.2. The web interface of the store contains information about the goods, including the indication of the prices of the individual goods and the costs of returning the goods if these goods can not be returned by their normal postal route. Goods prices are quoted including value added tax and all related fees. Product prices remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the seller’s ability to conclude a purchase contract for individually negotiated terms.
2.3. The store’s web interface also includes information on the cost of packaging and delivering goods.
2.4. To order the goods, the buyer completes the order form in the web interface of the store. The order form contains, in particular, information about:
2.4.1. ordering goods (the ordered goods “put” the buyer into the electronic shopping cart of the web interface of the store),
2.4.2. the method of payment of the purchase price of the goods, details of the required delivery method of ordered goods and
2.4.3. information on the costs associated with the supply of goods (further referred to as “the order”).
2.5. Before sending the order to the seller, the buyer is allowed to check and modify the data that the buyer has placed in the order, also with regard to the buyer’s ability to identify and correct the errors that occurred when entering the data into the order. The order is sent by buyer to the seller by clicking the “confirm order” button. The data listed in the order are deemed to be correct by the seller. Upon receiving the order, the Seller will acknowledge and confirm receipt of the order to the buyer by e-mail, to the buyer’s email address listed in the purchase form in the order (further referred to as the “buyer’s electronic address”).
2.6. 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).
2.7. The contractual relationship between the seller and the buyer arises from the reception of the order (acceptance), which is sent by the seller to the buyer by e-mail to the buyer’s e-mail address.
2.8. The buyer agrees to use a long distance (virtual) 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 a purchase contract (costs of internet connection, telephone call costs) are covered by the buyer himself, which does not differ from the basic rate.
3. Price of goods and payment conditions
3.1. The buyer may pay to seller for the goods and the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following manner:
– non-cash (Credit cards) via the payment system BORGUN www.borgun.is
– non-cash via the payment system PayPal www.paypal.com
3.2. Together with the purchase price, the buyer is also required to pay the seller the cost of packing and delivering the goods at the agreed rate. Unless otherwise specified, the purchase price and the costs associated with the delivery of the goods are further understood.
3.3. The seller does not ask the buyer for a deposit or other similar payment. This is without a breach of the agreement of Article 3.6 of the Terms & Conditions regarding the obligation to pay the purchase price of the goods in advance.
3.4 In the case of non-cash payment, the purchase price is payable immediately or upon receipt of the invoice of the purchase agreement.
3.5. In the case of non-cash payment, the buyer is required to pay the purchase price of the goods by one of the payment methods mentioned in Article 3.1. In the case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller’s account.
3.6. The Seller is entitled, in particular, in the event that the buyer does not receive the additional confirmation of the order (Article 2.8), to demand payment of the entire purchase price before the goods are dispatched to the buyer. § 2119 section 1 of the Civil Code does not apply.
3.7. Any discounts on the price of goods provided by the seller to the buyer can not be combined.
3.8. If it is customary in the course of trade or if it is stipulated by generally binding legal regulations, the seller shall issue a tax document – invoice to the buyer in respect of payments made under the purchase contract. The seller is the taxpayer of the value added tax. Tax document – the invoice is issued by the seller to the
buyer after the payment for the goods is received in full in the seller’s account. The invoice is sends in electronic form to the e-mail address of the buyer.
3.9. Under the Sales Registration Act, the seller is required to issue a receipt to the buyer. At the same time, he is required to register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.
4. Withdrawal from the buyer’s contract
4.1 The buyer take into the account that according to the provisions of § 1837 of the Civil Code, it is not possible, to withdraw from the purchase contract for the supply of goods which was intentionally damaged mechanically or by any means of deliberate handling.
4.2. If this is not the case referred to in section 4.1 of the Terms & Conditions, the buyer shall withdraw the right to withdraw from the Purchase Contract in accordance with §1829 section 1 of the Civil Code, up to 14 days from the date of receipt of the goods, this period runs from the date of the delivery of the goods. The withdrawal from the sales contract must be sent to the seller within the time limit specified in the previous sentence. Withdrawal from the purchase contract may be exercised by the buyer, in writing, to the address of the seller’s premises or to the seller’s e-mail address email@example.com
4.3. In the case of withdrawal from the purchase contract according to section 4.2 of the Terms & Conditions, the Purchase Contract is canceled from the beginning. Buyer must return goods to the seller within 14 days of the withdrawal from the sales contract. If the buyer withdraws from the purchase contract, the buyer bears the cost of returning the goods to the seller, even if the goods can not be returned by their normal postal route.
4.4. In the event of withdrawal from the Purchase Agreement in accordance with section 4.2 of the Terms and Conditions, the Seller shall return the funds received from the buyer within 14 days of withdrawal from the Purchase Contract in the same manner as the Seller has accepted payment from buyer. Seller is not obliged to
cover any potential additional costs to the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or shows that the goods have been dispatched to the seller.
4.5. In cases where the buyer has the right to withdraw from the sales contract in accordance with the provisions of §1829 section 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time until the buyer takes over the goods. In such a case, the seller shall return the purchase price to the buyer without delay, to the account specified by the buyer.
5. Shipping and supply of goods
5.1. If the model of transport is based on the buyer’s special request, the buyer bears the risk and any additional costs associated with transport of the goods.
5.2. 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.
5.3. If, for reasons of buyer’s need, it is necessary to deliver the goods repeatedly or in a manner other than that 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.
5.4. 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 immediately upon reception. In the event of a violation of the packaging indicating unauthorized entry into the consignment, Buyer is not required to take delivery of the consignment from the carrier.
6. Rights of fault fulfillment
6.1. The rights and obligations of the parties regarding of fault fulfillment are governed by applicable generally binding regulations (in particular the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code).
6.2. The seller is responsible to the buyer for the goods to be free from defects. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
6.2.1. the goods have characteristics that the parties have negotiated and, in the absence of an arrangement, have properties which the seller or the manufacturer has described or which the buyer expects with regard to the nature of the goods and the advertising seller makes,
6.2.2. the goods are in the appropriate quantity, measurements or weight and
6.2.3. goods comply with legal requirements.
6.3. The buyer is entitled to claim the general right to a defect that occurs with commercial goods.
6.4. Rights of fault fulfillment are exercised by the buyer, in writing, to the address of the seller’s premises or to the seller’s e-mail address firstname.lastname@example.org
7. Other rights and obligations of the contracting parties
7.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
7.2. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of §1826 section 1 coll. e) of the Civil Code.
7.3. Consumer complaints are handled by the seller through the seller’s e-mail address email@example.com. Buyer information will be sent to the buyer’s electronic address.
7.4. The Czech Commercial Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, CRN: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for out-of-court settlement of consumer disputes. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the sales contract.
7.5. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point according to Regulation (EU) No. 524/2013 of the European Parliament on Consumer Dispute Resolution online and on amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Consumer Dispute Resolution Online Regulation).
7.6. The seller is authorized to sell the goods on the basis of a trade license. The trade license is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection exercises, among other things, the supervision of the observance of Act No. 634/1992 Coll., On Consumer Protection, as amended.
7.7. The buyer hereby takes on the risk of changing circumstances in accordance with § 1765 section 2 of the Civil Code.
8. Protection of personal data
8.1. Protection of the buyer’s personal data, which is a private person, is provided by Act No. 101/2000 Coll., On the Protection of Personal Data, as amended.
8.2. The buyer agrees to process these personal data: name and surname, address, company registration number, tax identification number, e-mail address, telephone number and ((further referred to as the “personal data”).
8.3. The Buyer agrees to the processing of personal data by the Seller for the purpose of realizing the rights and obligations of the Purchase Agreement. If the buyer does not choose another option, he agrees with the processing of personal data by the seller also for the purposes of sending information and business communications to the buyer. Consent to the processing of personal data in its entirety under this section is not a condition that would in itself make it impossible to conclude a sales contract.
8.4. The Buyer take into the account that he is required to state his / her personal details (when ordering from the web interface of the store), to state correctly and truthfully, and is obliged to inform the seller without undue delay of a change in his / her personal data.
8.5. By processing the buyer’s personal data, the seller may assign a third party (transporting company). In addition, besides the persons transporting goods, personal data will not be passed on to third parties by the seller or transporting company without the buyer’s prior consent.
8.6. Personal data will be processed indefinitely. Personal data will be processed in electronic form in a computerized manner or in a printed form in a non- computerized manner.
8.7. The Buyer confirms that the personal data provided are accurate and that he/she has been informed that this is a voluntary provision of personal data.
8.8. In the event that the buyer believes that the seller or processor (section 8.5) carries out, processing of his or her personal data that is contrary to the protection of the buyer’s private and personal life or contrary to law, in particular if personal data are inaccurate with regard to for the purpose of their processing, may:
8.8.1. ask the seller or processor for an explanation,
8.8.2. request the seller or processor to remove the resulting condition.
8.9. If the buyer asks for information about the processing of his personal data, the seller is required to pass on this information. Seller has the right to provide information (regarding to the previous sentence) to request reasonable compensation not exceeding the costs necessary to provide the information.
9. Sending business information’s and storage cookies
9.1. Buyer agrees to receive information related to the seller’s goods, services, or business to the buyer’s electronic address.
9.2. Buyer agrees to store so-called cookies on his computer. If the purchase on the website is possible and the seller’s obligations under the purchase contract are fulfilled without the so-called cookies being stored on the buyers’ computer, the buyer may withdraw the consent under the preceding sentence at any time.
10.1. Notices relating to the relationship between the seller and the buyer, must be delivered by post in the form of a registered letter unless otherwise specified in the sales contract. The notifications are delivered to the respective contact address of the other party.
10.2. A notification is also considered delivered, if the acceptance of the delivery was rejected by the addressee. Furthermore, which was not picked up during storage or returned as undeliverable.
10.3. The parties may deliver a regular correspondence to each other by e-mail, to the e-mail address indicated in the buyer’s user account or the specified buyer in the order, respectively to the address given on the Seller’s website.
11. Final provision
11.1. If a relationship based on a sales contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech republic 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, Media Group Services s.r.o., Mostecka 273/21, 118 00 Prague, Czech Republic, e-mail address firstname.lastname@example.org, telephone +420606615179.
Prague, the Czech republic 23.11.2017
Media Group Services s.r.o.
118 00 Prague
+420 606 615 179