Trade terms and conditions
I. General part
- These terms and conditions apply to the purchase in web store www.rajkamenu.cz, operated by an operator Marek Červenka and regulate relations between the supplier, the operator of an online store www.rajkamenu.cz, which is Marek Červenka, place of business Rubešova 1285/16, 326 00 Plzeň - Východní Předměstí, registration number: 69261342, on the one hand and consumers on the other. Terms and conditions closer to the rights and obligations of the supplier and the consumer.
- All contractual relations governed by these terms and conditions shall be established in accordance with the laws of the Czech Republic.
- If party is consumer then relations not governed by these terms and conditions follows the Civil Code (Law No. 40/1964 Coll.) as amended, and the Consumer Protection Act (Act No. 634/1992 Coll.).
- If a party is supplier rather than consumer then relationships not governed by these Terms and conditions follows the Commercial Code (Law No. 513/1991 Coll.) as amended.
- Any disputes Contracting Parties shall preferentially be solved amicably. If this does not resolve the matter amicably then it will be decided by a court on a proposal from one of the parties.
II. Definition of Terms
- Consumer purchase contract is a contract, contract for work or another contract, if the parties are on the one hand, consumers and other supplier.
- The supplier is the person who executes the contract and is acting within their trade or business.
- Consumer is a natural person who, in the conclusion and performance of the contract is not part of its business or any other business or self-directed exercise of his profession.
- Buyer who is not a consumer, the entrepreneur who purchases products for the purpose of your business with these products. This buyer is governed by terms and conditions by the extent to which he is concerned and by the Commercial Code.
III. Ordering goods
- List of products in web store www.rajkamenu.cz is a catalog of commonly delivered goods by seller. Supplier does not guarantee the immediate availability of all items. Availability will always be confirmed on the basis of demand.
- In order to select the consumer goods by catalog, consumer duly fills order form and send the order. Sent order for goods is a proposal for the conclusion of the purchase contract. The order is binding for both parties.
- All prices are final supplier, ie including VAT and all other mandatory fees and are correct at the time of ordering goods by the consumer. The final price will be listed in the order and in the message confirming receipt of your order the goods.
- Prices of the goods ordered are final, including VAT and are valid until sending consumers.
- The consumer and the supplier may without giving any reason cancel the order until the order is confirmed. If supplier cancels an order then supplier usually states the reason why it is not possible to confirm the order (eg manufacturer stopped supplying goods to the seller, supplier price changed significantly, out of stock, the address given by the purchaser does not exist). In the event that the consumer has paid a part or the whole amount of the purchase price, this amount will be credited back to the account and purchase agreement will not occur.
- Cancellation of orders after the time the purchase agreement conclusion is possible only after prior agreement with the supplier of the consumer and under the conditions that you mutually agree on.
- The supplier reserves the goods which are natural and unique pieces that have some minor differences, the possible difference of color, or variation in the size or weight of goods compared to the photo on pages www.rajkamenu.cz. Photographs on pages www.rajkamenu.cz are illustrative. The supplier always sends the ordered goods as similar as possible illustrative photograph and the preservation of all parameters in the description of goods.
IV. Purchase contract
- By placing offers sell goods on the web store www.rajkamenu.cz the contractor expresses he will conclude a purchase contract of the goods under such conditions.
- Proposal for the purchase contract conclusion is an order of the consumer. Acknowledgment of receipt of the order (via email) by supplier is purchase contract considered as concluded.
- Already concluded purchase contract (including the agreed price) can be edited or deleted only by agreement of the parties.
- Conclusion of the purchase contract the consumer confirms that he is familiar with these trade terms, including claims procedure and agrees with them. The consumer is adequately notified of these trade terms and claim terms before placing the order and consumer has the opportunity to become acquainted with them.
V. Withdrawal from the contract
- A consumer who enters into a contract with the help of means of distance communication (via the webshop, by telephone, fax, etc.) has the right to withdraw from the contract under § 53 paragraph 7 of the Civil Code not later than 14 days from the date of receipt of the goods without giving a reason and without penalty. In this case the consumer is obliged to its expression of intent to withdraw from the contract the supplier delivered by 14 days from receipt of the matter (and in writing stating the bank account where it will be sent to the seller of earnings) and must return the goods in undamaged condition, complete (including accessories, instructions, etc.) and proof of purchase of the goods (or the other document evidencing the purchase of the product by the seller).
- The consumer in the event of exercising the right of withdrawal within 14 days from the receipt of benefits, contractor shall immediately take all that under a contract awarded. If it is not well possible (eg, in the meantime, the goods were destroyed or consumed), the consumer must provide financial compensation in return what can no longer be issued. If the returned goods are damaged or only partially, the contractor may apply to the consumer the right to compensation and set off its claim for refund of the purchase price. Supplier to the consumer in this case returns only thus reduced purchase price.
- In the case of the procedure in the previous paragraph, the contractor shall return to the consumer within 30 days from the date of withdrawal of the purchase price paid and the current account of the consumer that the consumer said in a written withdrawal. Transport costs of returning goods paid by the supplier. The purchase price to be refunded to the consumer, the supplier may also set off its actual expenses incurred for returning the goods.
- Consumer does not have right of withdrawal in the case of contracts referred to in § 53 paragraph 8, namely:
- the provision of services if their performance was started with his consent before the expiry of 14 days from the receipt of benefits
- the supply of goods or services whose price depends on fluctuations of financial markets beyond the control of the supplier
- the supply of goods made to buyer's request or to his person, as well as goods which are subject to rapid deterioration, wear and tear or obsolescence.
- delivery of audio and video recordings and computer programs, if a consumer destroyed their original packaging
- for the supply of newspapers, periodicals and magazines
- consisting of a game or lottery
VI. Payment terms
- Contractor accepts the following payment terms:
a) payment in cash when purchasing
b) advance payment by bank transfer (on the basis of the payment information sent in the order confirmation email)
c) cash on delivery (cash from a customer takes the carrier - Czech Post)
d) cashless payment via PayPal
- Goods remain in property of supplier till full payment of the purchase price but the risk of damage to an item passes to consumers in time of receiving goods.
- www.rajkamenu.cz does not provide an installment sale.
VII. Delivery of goods, postage and packing
- The supplier delivers the goods to the address specified in the order consumers through Czech Post, on delivery, business parcel or normal package, according to the size and nature of the goods ordered.
VIII. Delivery time
- Normally it takes about 15-25 business days to arrive. But in a few times it may need more days. Since it is an international delivery, the delivery time most depends on the custom and the local post office. If there is any problem for the order, please feel free to contact us, we will be happy to serve you and also reply as soon as possible.
- Goods are considered delivered at moment of delivering to the address provided by the consumer in order.
9.2. The purchaser will provide to seller the following information: name and surname, address, identification number, tax identification number, e-mail address, IP address, telephone number and guarantees their correctness.
9.3. The purchaser agrees that the seller's processing the data for the purpose of realizing the rights and obligations of the Purchase Agreement and for the purpose of maintaining the user's Account. If the purchaser does not choose another option, he agrees with the processing of personal data by the seller also for the purposes of sending information and commercial communications to the purchaser. Consent to the processing of personal data in its entirety under this Article is not a condition that would in itself make it impossible to conclude a sales contract.
9.4. The purchaser notes that he is required to state his / her personal details (when registering, in his user account, when ordering from the web interface of the store), to report correctly and truthfully and to inform the seller of any change in his / her personal data without undue delay.
9.6. We find your satisfaction with your purchase through our e-mail questionnaires within our Customer Authentication program where our e-shop is involved. We send you every time you buy at us if, within the meaning of Section 7 (3) of Act No. 480/2004 Coll. about some information society services, you will not decline to send them. Processing of personal data for the purpose of submitting questionnaires within the program "Verified by customers" is carried out on the basis of our legitimate interest in determining your satisfaction with the purchase at us. For sending questionnaires, evaluating your feedback, and analyzing our market position, we use the processors, which is Heureka.cz gateway; we can transfer information about purchased goods and your e-mail address for these purposes. Your personal information is not transmitted to any third party for its own purposes when sending an email. You can at any time oppose the sending of e-mail questionnaires within the Customer Authentication program by rejecting additional questionnaires via a link in a questionnaire email. In case of your objection, we will not send you the questionnaire further.
9.7. In order to prevent crime and minimize damage, we reserve the right to refuse a purchaser's order created from a blocked IP or email address if that address is on a so-called blacklist. In case of problems with the order, the purchaser can contact us via contact form.
9.8. We reserve the right to use anonymized data about the users' activities in the web applications to improve our services.
X. Complaints procedure
- Responsibility of supplier for defects shall be governed by the relevant laws and regulations, as amended. Unless stated otherwise, the warranty on the goods is in the statutory duration of 24 months. The warranty period begins on the date of receipt of the goods by the buyer.
- The consumer is obliged to inspect carefully the goods delivered on receipt and notify the contractor of detected defects without unreasonable delay. Subsequent complaints concerning the type, quantity or damage to goods in transit will not be considered. Acceptance of the goods is understood as its acceptance by the supplier, the postal license holder or contract carrier. The buyer confirms receipt of the goods by signing the delivery (transport) certificate or other appropriate document. His signature also confirms that the goods were delivered in order. If the product has any obvious defects upon receipt or if the type or quantity of product disagree these facts must be noted on the delivery (transport) certificate or other relevant document. If the goods are damaged, the consumer may reject the takeover. In the event that the receiving of consumer goods is not in conformity with the contract (hereinafter referred to as "conflict with the purchase contract") the consumer has the right to bring the goods into conformity purchase contract by the contractor free of charge and without undue delay and as requested by consumer either exchange or correction. If such a procedure is not possible, the consumer may require an appropriate reduction of the price or withdraw from the contract. This does not apply if the buyer knew about conflict of contract or conflict with the contract he has caused.
- A complaint can be made against the supplier
a) via mail at the place of business suppliers Rubešova 1285/16, 326 00 Plzeň - Východní Předměstí
b) via e-mail at email@example.com
c) personally at Rubešova 1285/16, 326 00 Plzeň - Východní Předměstí
- The consumer is obliged to unambiguously identify the given purchase contract (to include number, date of order and date of receipt of the goods) and to prove that he is the person entitled to complain (accompanied by proof of ownership of the goods - eg invoice) and to provide a brief description of the defect, preferably with photo documentation).
- The supplier is obliged to settle the claim without undue delay, but not later than 30 days after the date on which the claim occurred suppliers. The supplier shall inform the consumer of the settlement of a claim by telephone, e-mail or mail within the deadline for handling complaints and gives confirmation of the date and manner of settling the claim to consumer, including confirmation of the repair and its duration, or justify rejection of a complaint by e-mail at deadline for settling the claim.
- If it is a defect that can be removed, the consumer has the right to be free, timely and properly defect removal and the supplier must remove defect without undue delay. If this is due to the nature of the defect the consumer may require replacement. If defect relates to a part of thing the consumer may require exchange of such part. If such a procedure is not possible, the consumer may request a reasonable discount on the price or withdraw from the contract.
- If it is a defect that can not be removed and prevents the thing could be properly used as a thing without defects, the consumer has the right to exchange things or has the right to withdraw from the contract. The same rights apply to the consumer, if the defects can be removed but the consumer can not for re-occurrence after repair or for a greater number of defects properly use the thing.
- In the case of unrecoverable defects and consumer does not require to exchange things, the consumer is entitled to a reasonable discount on the price or withdraw from the contract.
- The supplier is not liable for defects caused mainly:
- improper use or storage of goods
- tampering of goods or neglecting necessary maintenance products, mechanical or chemical damage
- failure to comply with prescribed or usual ways, including the use of excessive loading and use in conflict with technology or other conditions of use of the goods.
XI. Final provisions
- These terms and conditions apply as stated in the supplier's website on the day of conclusion of the purchase contract. At moment of conclusion of the contract the consumer accesses to all provisions of the terms and conditions prevailing at the date of dispatch of the order, including the price of ordered goods specified in the confirmed order.
- These terms and conditions are valid and effective from March 1, 2013 and cancels the previous version of the general terms and conditions. The supplier reserves the right to change terms and conditions without prior notice. The supplier is obliged to publish any change on its website immediately.
These Terms become effective on May 24, 2018.