TERMS & CONDITIONS

by the business company

EURUNI CZ s.r.o.

with its registered seat at Kořenského 1038/11, 15000 Praha 5, the Czech Republic

identification number: 27175847

registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insertion  102071

for the sale of goods through an online store located at the website https://france-gastronomie.shop/

  1. Introduction
    1. The present terms & conditions (hereinafter as „T&C“ only) of the business company EURUNI CZ s.r.o., with its registered seat at Kořenského 1038/11, 150 00 Praha 5, the Czech Republic identification number: 27175847, tax identification number CZ1610055P001, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insertion 102071 (hereinafter as „seller“) regulate, in accordance with the provisions of  Section 1751 Para 1 of the Act No. 89/2012 Coll., Civil Code, as amended (hereinafter as „Civil Code“) the mutual rights and obligations of the contractual parties arisen in the connection or on the basis of a purchase contract (hereinafter as „purchase contract“) entered into between the seller and another private person (hereinafter as „buyer“) through the seller’s online store. The online store is operated by the seller on the website located at  https://france-gastronomie.shop/ (hereinafter as „website“), namely by means of the website interface (hereinafter as „website interface“). Seller’s contact details: delivery address Nad Výpustí 130, 14900 Praha 4, the Czech Republic, e-mail address: [email protected],  phone +420724314812.
    1. The T&C do not apply to cases where the person intending to purchase goods from the seller is a legal entity or an individual acting as businessman.
    1. Provisions different from the T&C can be agreed in the purchase contract. The different provisions in the purchase contract take precedence over the provisions of the T&C.
    1. The provisions of the T&C form an integral part of the purchase contract. The purchase contract and T&C are originally written in the Czech language. Translations into other languages are for information only. In case of any discrepancies between the language versions, the Czech one prevails.
    1. The wording of the T&C may be changed or supplemented by the seller. This does not affect the rights and obligations arisen during the validity period of the previous version of the T&C, i.e. any new version of T&C shall not apply to purchase contracts concluded before the T&C amendment.
  2. USER ACCOUNT
    1. Based on the buyer’s registration done on the website, the buyer can access its user interface. From his user interface, the buyer can order goods (hereinafter as “user account“). If the website interface allows it, the buyer can also order goods without registration directly from the website interface.
    1. When registering on the website and ordering goods, the buyer is obliged to state all the data correctly and truthfully. The buyer is obliged to update the data specified in the user account in case of any change. The data provided by the buyer in the user account and when ordering goods are considered as correct by the seller.
    1. The access to the user account is secured by a username and password. The buyer is obliged to keep confidentiality regarding the information necessary to access his user account.
    1. The buyer is not entitled to allow the use of the user account to third parties. The buyer is obliged to use the user account and website only for the purpose of purchasing goods. In particular, the buyer is not entitled to interfere in any way with the security, integrity or availability of the website and user account or otherwise damage them in any way. The buyer must not transmit malicious programs and viruses through the website or user account. All content (texts including the T&C, photographs, images, logos, software etc.) is protected by copyright of the seller or of other parties. The buyer is neither entitled to change the content, nor to copy, reproduce, distribute or use it for any purpose without the prior written consent of the seller or of the copyright holder.
    1. The seller may cancel the user account, especially if the buyer has not used his/her user account for more than 3 years, or if the buyer violates his/her obligations from the purchase agreement (including the T&C).
    1. The buyer acknowledges that the user account and website may not be available permanently, especially with regard to the necessary maintenance of hardware and software equipment of the seller, or to necessary maintenance of third party hardware and software.
  3. CONCLUSION OF THE PURCHASE CONTRACT
    1. All the presentation of goods placed in the website interface is of an informative nature and the seller is not obliged to close a purchase contract regarding these goods. The provisions of Section 1732 Para 2 of the Civil Code shall not apply.
    1. The website interface contains information on the goods, including the prices of individual goods and the cost of returning the goods, if the goods cannot be, due to their nature, returned by usual postal way. The prices of goods are quoted including value added tax and all related fees, usually in Czech crowns. The prices of the goods remain valid as long as they are displayed in the website interface. This provision does not limit the seller’s ability to close a purchase contract under conditions agreed individually.
    1. The web interface contains also information on the packaging and delivering costs. The information on packaging and delivering costs given in the website interface is valid only in cases where the goods are delivered within the territory of the Czech Republic.
    1. Before sending an order to the seller, the buyer is allowed to check and change the data which he has entered in the order, including the buyer’s possibility to detect and correct errors concerning the data entered into the order previously. At the same time, the buyer is obliged to confirm to have read these T&C and to agree with them. The buyer submits the order to the seller by clicking on the “order” button. The data given in the order are considered as correct by the seller. Immediately after receiving the order, the seller will confirm this receipt to the buyer by e-mail, to the buyer’s e-mail address specified in the user account or in the order (hereinafter as „buyer’s e-mail address“).
    1. .
    1. The seller is entitled to limit the maximum quantity of ordered goods per order or per buyer. The seller reserves the right not to accept an order due to insufficient stock or other capacities.
    1. The contractual relationship between the seller and the buyer arises by the delivery of the order acceptance (by acceptance), which is sent by the seller to the buyer by e-mail, to the buyer’s e-mail address.
    1. The buyer agrees to use the means of distance communication when closing the purchase contract. The costs incurred by the buyer due to using the means of distance communication in connection with closing the purchase contract (costs of internet connection,  phone calls) shall be borne by the buyer, and these costs are not different from the basic rate.
  4. GOODS PRICE AND PAYMENT TERMS
    1. The goods price and any costs in connection with the goods delivery according to the purchase contract can be paid by the buyer to the seller in the following ways:

in cash or by credit card at the seller’s store at the address Na Slupi 15, 128 00 Praha 2;

online payment.

  • Along with the purchase price, the buyer is obliged to pay to the seller the packaging and delivery costs in the agreed amount. Unless expressly stated otherwise, the packaging and delivery costs are included in the purchase price.
    • The provision of Section 2119 Para 1 of the Civil Code shall not apply.
    • If this is usual in business relations or if so stipulated by generally binding legal regulations, the seller shall issue a tax document – an invoice – to the buyer regarding the payments made on the basis of the purchase contract. The seller is a payer of value added tax. The tax document – invoice will be issued by the seller to the buyer after payment of the goods price and sent in electronic form to the buyer’s email address.
    • The cashless payments are considered as fulfilled only by crediting the amount to the seller’s bank account with a proper payment identification so that it is possible to clearly assign the payment to the order.
  • WITHDRAWAL FROM THE PURCHASE CONTRACT AND COMPLAINTS OF GOODS
    • 1. Complaints of goods. The buyer is obliged to check the delivered goods from the purchase contract immediately and report the detected deficiencies to the seller on the delivery confirmation of the goods. If the goods (especially food), when handed over to the buyer, show defects, due to which it is not be possible to use them for their purpose (for obvious reasons, such as exceeded expiration date), the buyer shall return the goods immediately to the  person who delivered the goods on behalf of the seller. The buyer agrees that due to the nature of the goods, the fact that he did not complain about obvious defects of the goods upon their handover (e.g. food, or in case of damage of the protective packaging) may not be taken into account, and the complaint may not be recognized if it is not proven that the defects have been present already at the handover. In the case of a justified refusal to accept the claimed goods, such a refusal shall be considered as a withdrawal from the purchase contract and the buyer will be  refunded the price of the goods without undue delay.
    • Subsequently, the seller shall issue the buyer a written confirmation of the date and manner of handling the complaint or justification for refusing the complaint. The buyer shall be informed by e-mail about the method of handling the complaint. If the buyer is a consumer, the time for treating a complaint shall not exceed 30 days.
    •  [email protected]. If the buyer has not refused to accept the claimed goods immediately, the claimed goods shall be sent to the above address of the seller at the expense of the buyer.
    • if the above is not possible, he may withdraw from the contract. However, if it is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to ask a free removal of the defect. If the buyer does not withdraw from the contract or does not exercise the right to deliver a new item without defects, he may demand a reasonable discount on the price of the claimed goods.
    • Section 2165 of the Civil Code.
    • is entitled to withdraw from the contract within 14 days from the receipt of the goods. In case of withdrawal from the contract, the buyer is obliged to immediately return the goods to the person who delivered it on behalf of the seller and, if this is not possible, he/she is obliged to notify the seller of the withdrawal from the contract by phone or via the internet portal https://france-gastronomie.shop/, to identify the goods and the defect and then agree by phone or e-mail on the solution of the concerned complaint (withdrawal from the contract). In case of withdrawal from the contract, the buyer assumes the costs of returning the goods. The buyer can also use the template form for withdrawal from the contract, which is attached to these T&C.
    • 8. If the buyer withdraws from the contract, the seller shall refund him without undue delay, no later than fourteen days after the withdrawal from the contract, all the money, including delivery costs, which he received from him under the contract, in the same way as previously paid to the seller. The seller will return the money received to the buyer in another way only upon the buyer´s approval and without any additional costs incurred by the buyer. If the buyer has chosen other than the cheapest method of delivery of goods offered by the seller, the seller will refund the buyer the delivery cost in the amount corresponding to the cheapest offered method of delivery. The seller will refund the buyer for the costs of returning the goods, unless he notified the buyer of the obligation to assume these costs according to Section 1820 Para 1 letter g) of the Civil Code. If the buyer withdraws from the purchase contract, the seller is not obliged to refund the money received before the buyer returns the goods or proves that he sent them to the seller. The seller will take over the goods from the buyer in his house at his own costs, if the buyer withdraws from the contract concluded outside the usual business site of the seller, the goods were delivered to the buyer’s house at the moment of the contract conclusion and the nature of the goods does not allow to send them by an usual postal way.
  • The buyer is responsible for the loss of value of the goods arisen as a result of handling them differently than necessary with regard to their nature and properties.
    • According to Section 1837 letters e), g) of the Civil Code, a withdrawal from the contract is not possible for perishable goods (e.g. food – fruit, vegetables or food of animal origin), or for goods (e.g. food) which cannot be reused for hygienic reasons or for goods already used (e.g. if the buyer damages the protective packaging of the goods or breaks the safety seal) or if other contamination of the goods (e.g. food) may occur. With regard to compliance with hygiene standards and these T&C, the buyer agrees that the seller is entitled in case of any suspicion to refuse buyer´s withdrawal from the contract for the hygiene standards violation by the buyer and resend the returned goods back to the buyer at the buyer’s costs and if this is not possible (e.g. for hygienic reasons or due to a breach of protective packaging), the seller is entitled to destroy the goods immediately.
  • TRANSPORT AND DELIVERY OF GOODS
    • If the way of transport is agreed on the basis of a special buyer’s request, the buyer assumes the risk and any additional costs associated with this way of transport.
    • If, according to the purchase contract, the seller is obliged to deliver the goods at the place specified by the buyer in the order, the buyer is obliged to take over the goods on the delivery.
    • In case that, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, or with another way of delivery.
    • A delayed delivery of a shipment sent in time, for any reason, neither entitles the buyer to refuse to accept it, nor to demand a compensation for damages or a discount for non-compliance with the delivery time.
    • Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects to notify the carrier immediately. In case of finding a violation of the packaging indicating unauthorized breach of the shipment, the buyer may refuse to take over the shipment from the carrier. This does not affect the buyer’s rights from liability for defects of the goods and other buyer’s rights arising from generally binding applicable laws.
    • Other rights and obligations of the parties in the transport of goods may be governed by special delivery conditions of the seller, if issued.
  • SPECIAL business AND DELIVERY CONDITIONS FOR ALCOHOLIC BEVERAGES
    • By agreeing with these T&C, the buyer also confirms that he has reached the age of 18 years and thus meets the condition for the purchase of alcoholic beverages on the seller’s website. In order to limit the availability of alcoholic beverages to persons under 18 years of age, the packaging (package) of the delivered goods will state that the package contains alcoholic beverages, including a warning that the package is only allowed to be taken over by a private person over 18 years of age. The relevant employee of the transport service will hand over the package to the buyer only if the buyer proves his age of at least 18  years by presenting an identity card or other proof of identity, provided that the number of the relevant identity document is recorded. Otherwise, the buyer will not be handed over the package containing the goods and the seller will have the right to withdraw from the concluded purchase contract.
    •  Any event of the buyer´s failure to prove he has reached the age of 18 years upon the alcoholic beverages package delivery or when picking up the package in person (in a way specified above, e.g., by the ID card) shall be considered as the breach of these T&C and the purchase contract. The seller is entitled to withdraw from the purchase agreement as a result of the above breach.
  • OTHER RIGHTS AND OBLIGATIONS OF CONTRACTUAL PARTIES
    • The buyer acquires ownership of the goods by paying the full purchase price of the goods.
    • In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of Section 1826 letter e) of the Civil Code.
    • The buyer’s complaints shall be handled via [email protected]. The buyer shall be informed about the solution of the complaint electronically, to the  buyer’s e-mail address.
    • The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, the Czech Republic, ID No. 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for the out-of-court settlement of buyer’s disputes arising from the purchase contract. The proceeding can be also initiated online here: https://www.coi.cz/mimosoudni-reseni-spotrebitelskych-sporu-adr/. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer arising from the purchase contract.
    • The seller is entitled to sell goods on the basis of a trade license. Trade licensing is performed within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection is the relevant authority for the personal data protection supervision. To thea determined extent, the Czech Trade Inspection Authority also supervises the compliance with Act No. 634/1992 Coll. on consumer’s protection, as amended.
    • The buyer hereby assumes the risk of a change of circumstances in the sense of Section 1765 Para 2 of the Civil Code.
  • PERSONAL DATA PROTECTION
    • The seller fulfils its obligation to provide information towards the buyer in the sense of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of private persons with regard to processing personal data and on the free movement of such data and on the cancellation Directive 95/46/EC (General Data Protection Regulation) (hereinafter as „GDPR”) related to the processing of buyer’s personal data for the purposes of fulfilling the purchase contract, for the purposes of negotiating the purchase contract and for the purposes of fulfilling the seller’s public law obligations, by means of a separate document.
  • SENDING COMMERCIAL communicationS AND STORING COOKIES
    • The buyer agrees, with sending commercial communications by the seller to buyer’s electronic address or phone number. The seller fulfils his information obligation towards the buyer in the sense of Article 13 GDPR related to the processing buyer’s personal data for the purpose of sending commercial communications, by means of a special document.
    • The buyer agrees to store so-called cookies on his computer. If it is possible to make a purchase on the website and fulfill the seller’s obligations from the purchase contract without storing cookies on the buyer’s computer, the buyer may cancel anytime his/her consent according to the previous sentence.
    • The  seller may deliver any notice to the buyer via electronic mail to the buyer´s email address.
  • MISCELLANEOUS
    • (Rome I).
    • The seller’s website may be accessible from various countries around the world. The website content may link to goods or services that are not available in that country. The mere availability of the website from a given state does not mean the seller’s intention to allow the availability of goods in that state or the delivery of goods to that state. Various language versions of these T&C are available to buyers who do not speak Czech, but who are located and ordering goods in the Czech and if enabled by the seller, the Slovak Republics. The website is intended for the sale of goods in the Czech Republic and the goods can also be delivered to the Slovak Republic.
    • If any provision of the T&C is or becomes invalid or ineffective, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
    • The purchase contract, including T&C, is archived by the seller in electronic form.
    • An attachment to these T&C is the example form for withdrawal from the purchase contract.

Praha 8.1.2021