Terms and conditions
- These General Terms and Conditions of Business (hereinafter referred to as „Terms and Conditions“) are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as „Civil Code“) of the Company
Cukrář Skála s.r.o.
ID No: 06473181
VAT No: CZ06473181
with its registered office at Říční 539/2, 118 00 Praha 1- Malá Strana,
registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 282761,
phone: 739 267 079
(hereinafter referred to as „Seller“)
- These Terms and Conditions regulate the mutual rights and obligations of the Seller and a natural person who concludes a purchase contract outside his business activity as a consumer or within his business activity (hereinafter referred to as the „Buyer“) through the web interface located on the website available at cukrarskala.cz (hereinafter referred to as the „Online Shop“).
- The provisions of the Terms and Conditions are an integral part of the purchase contract. Any deviating provisions in the purchase contract shall prevail over the provisions of these Terms and Conditions.
- These Terms and Conditions and the purchase contract are concluded in the Czech language.
- The Seller hereby declares and acknowledges that the ordering and sale of alcoholic beverages to persons under 18 years of age is prohibited.
Information about Goods and Prices
- Information about goods, including the prices of individual goods and their main features are listed in the catalogue of the online store. The prices of the goods are inclusive of value added tax, all related charges and the cost of returning the goods if they cannot be returned by normal postal means. The prices of the goods remain valid for the period of time they are displayed in the online shop. This provision does not preclude the negotiation of a purchase contract on individually agreed terms.
- All presentation of goods placed in the catalogue of the online store is informative and the seller is not obliged to conclude a purchase contract regarding these goods.
- Information about the costs associated with the packaging and delivery of goods is published in the online shop. The information on the costs associated with the packaging and delivery of the goods listed in the online shop is valid only in cases where the goods are delivered within the Czech Republic.
- Any discounts on the purchase price of the goods cannot be combined with each other, unless otherwise agreed between the Seller and the Buyer.
Order and Conclusion of the Purchase Contract
- Costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the Buyer himself. These costs do not differ from the basic rate.
- The Buyer orders the goods in the following ways:
- through his/her customer account if he/she has previously registered in the online shop,
- by filling in the order form without registration.
The Seller informs the Buyer of the error without undue delay and sends an amended offer to the Buyer’s email address. The amended offer shall be considered as a new proposal of the purchase contract and the purchase contract shall be concluded in such case by confirmation of acceptance by the Buyer to the Seller’s email address.
- Upon registration of the Buyer in the Online Shop, the Buyer can access his customer account. From his customer account, the Buyer can order goods. The Buyer can also order goods without registration.
- When registering for a customer account and when ordering goods, the Buyer is obliged to provide all the information correctly and truthfully. The Buyer is obliged to update the information provided in the user account whenever it changes. The information provided by the Buyer in the customer account and when ordering goods is considered correct by the Seller.
- Access to the customer account is secured by a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his customer account. The Seller is not responsible for any isuse of the customer account by third parties.
- The Buyer is not entitled to allow third parties to use the customer account.
- The Seller may cancel the user account, especially if the Buyer no longer uses his/her user account or if the Buyer violates his/her obligations under the purchase contract and these Terms and Conditions.
- The Buyer is aware, that the user account does not have to be continuously accessible, especially with respect to necessary maintenance of hardware and software equipment of the Buyer, prospectively necessary maintenance of hardware and software equipment of the third parties.
Payment Terms and Shipment of Goods
- The price of the goods and any costs associated with the shipment of the goods under the purchase contract may be paid by the Buyer in the following ways:
- cashless by credit card
- cash on delivery
- cash or by credit card upon personal collection in the shop
- to the address specified by the Buyer in the order
- via the dispatch office to the address of the dispatch office designated by the Buyer,
- personal collection at the Seller’s premises
Withdrawal from the Contract
- A Buyer who has concluded a purchase contract outside his business activity as a consumer has the right to withdraw from the purchase contract.
- The withdrawal period is 14 days
- from the date of receipt of the goods,
- from the date of acceptance of the last delivery of goods, if the subject of the contract is several types of goods or the delivery of several parts
- from the date of acceptance of the first delivery of goods, if the subject of the contract is a regular recurring delivery of goods.
- the provision of services, if they have been performed with the prior express consent of the Buyer before the expiry of the withdrawal period and the Seller has informed the Buyer before the conclusion of the contract that in this case he has no right to withdraw from the contract,
- the delivery of goods or services, the price of which depends on the fluctuations of the financial market independently of the Seller’s will and which may occur during the withdrawal period,
- the delivery of alcoholic beverages which can only be delivered after a period of thirty days and the price of which depends on financial market fluctuations independent of the will of the Seller,
- delivery of goods that have been modified according to the wishes of the buyer or for his person,
- deliveries of perishable goods and goods which have been irretrievably mixed with other goods after delivery,
- delivery of goods in sealed packaging, which the buyer has removed from the packaging and cannot be returned for hygienic reasons,
- delivery of an audio or visual recording or computer program if it has damaged its original packaging,
- delivery of newspapers, periodicals or magazines,
- the delivery of digital content, unless it was delivered on a tangible medium and was delivered with the prior express consent of the Buyer before the expiry of the withdrawal period and the seller has informed the buyer prior to the conclusion of the contract that in such a case he has no right to withdraw from the contract,
- and in other cases, specified in section 1837 of the Civil Code.
Rights from Defective Performance
- The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer took delivery of the goods:
- the goods have the characteristics agreed between the parties and, in the absence of an agreement, have the characteristics described by the Seller or manufacturer or expected by the Buyer in view of the nature of the goods and on the basis of the advertising made to them,
- the goods are fit for the purpose stated by the Seller for their use or for which goods of that kind are usually used,
- the goods correspond in quality or workmanship to the agreed sample or specimen, if the quality or workmanship was determined according to the agreed sample or specimen,
- the goods are in the appropriate quantity, measure or weight; and
- the goods comply with the requirements of the legislation.
- exchange for new goods
- repair of goods
- a reasonable discount on the purchase price
- withdrawal from the contract.
- if the goods have a material defect
- if he cannot use the item properly due to the recurrence of the defect or defects after repair
- in the event of a large number of defects in the goods.
- The Parties may deliver all written correspondence to each other by electronic mail.
- The Buyer shall deliver correspondence to the Seller at the email address specified in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer at the email address provided in the Buyer’s customer account or order.
Out-of-Court Dispute Resolution
- The Czech Trade Inspection Authority (Česká obchodní inspekce) with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs is competent for out-of-court settlement of consumer disputes arising from a purchase contract. Platform for on-line dispute solutions placed on an internet address http://ec.europa.eu/consumers/odr can be used to solve disputes arising from the purchase contract between the Seller and the Buyer.
- The European Consumer Centre Czech Republic (Evropské spotřebitelské centrum Česká republika), with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
- The Seller is authorised to sell goods on the basis of a trade licence. The trade control is carried out within the scope of its competence by the competent trade authority. The Czech Trade Inspection Authority supervises compliance with Act No 634/1992 Coll., on Consumer Protection, among other things.
- All agreements between the Seller and the Buyer are governed by the law of the Czech Republic. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship shall be governed by the law of the Czech Republic. This is without prejudice to the consumer’s rights under generally binding legislation.
- The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
- All rights to the Seller’s website, in particular the copyrights to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the website or any part thereof without the consent of the Seller.
- The Seller shall not be liable for errors resulting from third party interference with the online shop or from its use contrary to its intended purpose. The Buyer shall not use any procedures in the use of the Online Shop that could have a negative effect on its operation and shall not perform any activity that could enable him or third parties to interfere with or make unauthorised use of the software or other components forming the Online Shop and use the Online Shop or its parts or software in a manner that would be contrary to its purpose or intent.
- The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
- The purchase contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
- The Seller may change or supplement the wording of the Term and Conditions. This provision does not affect the rights and obligations arising during the period of effectiveness of the previous version of the terms and conditions.
- A sample form for withdrawal from the contract is attached to the Terms and Conditions.
These Terms and Conditions shall come into force on 1 January 2019.
- The controller of personal data pursuant to Article 4 point 7 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as „GDPR”) is Cukrář Skála s.r.o., ID No. 06473181, with registered office at Říční 539/2, 118 00 Prague 1 – Malá Strana (hereinafter referred to as „správce“).
- Contact details of the Administrator are:
address: V Celnici 1034/6, 110 00 Prague 1 – Nové Město
phone: +420 739 267 079
- Personal data means any information about an identified or identifiable natural person; an identifiable natural person is a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, a network identifier or to one or more specific elements of the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
- The Controller has appointed a data protection officer. The contact details of the data protection officer are: Lada Šímová, phone: +420 739 267 079
Sources and Categories of Personal Data Processed
- The Controller processes personal data that you have provided to the Controller or personal data that the Controller has obtained on the basis of the fulfilment of your order.
- The Controller processes your identification, contact and data necessary for the performance of the contract.
Lawful Basis and Purpose of The Processing of Personal Data
- The lawful reason for processing personal data is
- performance of the contract between you and the Controller pursuant to Article 6(1)(b) GDPR,
- the Controller’s legitimate interest in providing direct marketing (in particular for sending commercial communications and newsletters) pursuant to Article 6(1)(f) GDPR,
- processing your order and exercising the rights and obligations arising from the contractual relationship between you and the Controller; when placing an order, personal data is required that is necessary for the successful processing of the order (name and address, contact), the provision of personal data is a necessary requirement for the conclusion and performance of the contract, without the provision of personal data, it is not possible to conclude the contract or its performance by the Controller,
- sending commercial communications and doing other marketing activities.
Data Retention Period
- The Controller shall store personal data
- for the period, necessary to exercise the rights and obligations arising from the contractual relationship between you and the Controller and to assert claims arising from this contractual relationship (for a period of 15 years from the termination of the contractual relationship).
- for a period of time before consent to the processing of personal data for marketing purposes is withdrawn, but no longer than 3 years if the personal data is processed on the basis of consent.
Recipients of Personal Data (Subcontractors of the Controller)
- Recipients of personal data are courier service persons. Yezede – marketing agency
- involved in the delivery of goods / services / execution of payments under the contract, providing e-shop operation services and other services in connection with the operation of the e-shop,
- providing marketing services.
- Under the terms of the GDPR, you have
- the right of access to your personal data under Article 15 of the GDPR,
- the right to rectification of personal data pursuant to Article 16 GDPR or restriction of processing pursuant to Article 18 GDPR.
- the right to erasure of personal data pursuant to Article 17 GDPR.
- the right to object to processing under Article 21 GDPR; and
- the right to data portability under Article 20 GDPR.
- the right to withdraw consent to processing in writing or electronically to the address or email of the Controller specified in Article III of these Terms.
Personal Data Security Terms and Conditions
- The Controller declares that it has taken all appropriate technical and organisational measures to safeguard personal data.
- The Controller has taken technical measures to secure data storage and storage of personal data in paper form, in particular AVG.
- The Controller declares that only persons authorised by it have access to the personal data
These terms and conditions take effect on 1 January 2019.