Term and conditions

TERMS AND CONDITIONS

trading company: Jahoda&Broskev s.r.o.
registered office: Bohunická 517/55, Horní Heršpice, 619 00 Brno
identification number: 176 28 881
entered in the commercial register maintained by the Regional Court in Brno, section C, insert 130783
for the sale of goods via the online store located at www.jahodabroskev.cz and eshop.jahodabroskev.cz

INTRODUCTORY PROVISIONS

1.1. These terms and conditions (hereinafter referred to as the "terms and conditions") of the trading company Jahoda&Broskev s.r.o., ID number: 176 28 881, with registered office at Bohunická 517/55, Horní Heršpice, 619 00 Brno, registered in the commercial register maintained by the Regional Court in Brno, section C, insert 130783 (hereinafter referred to as the "seller") regulate, in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in in connection with or on the basis of a purchase contract (hereinafter referred to as the "purchase contract") concluded between the seller and another natural person (hereinafter referred to as the "buyer") via the seller's online store. The online store is operated by the seller on a website located at the internet address www.jahodabroskev.cz (hereinafter referred to as the "website"), through the website interface (hereinafter referred to as the "store web interface").

1.2. The terms and conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who, when ordering goods, acts as part of his business activity or as part of his independent profession.

1.3. Provisions deviating from the terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.

1.4. The terms and conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.

1.5. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

USER ACCOUNT

2.1. Based on the buyer's registration on the website, the buyer can access its user interface. The buyer can order goods from his user interface (hereinafter referred to as "user account"). If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store.

2.2. When registering on the website and when ordering goods, the buyer is obliged to enter all 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 correct by the seller.

2.3. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account. The seller is not responsible for any misuse of the customer account by third parties. If the buyer discovers the misuse of his identification data and passwords by any third party, he will immediately notify the seller.

2.4. The buyer is not authorized to allow the use of the user account by third parties.

2.5. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.

2.6. The seller can cancel the user account, especially if the buyer no longer uses his user account, or if the buyer violates his obligations under the purchase contract (including these terms and conditions).

CONCLUSION OF THE PURCHASE AGREEMENT

3.1. All the presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732, paragraph 2 of the Civil Code shall not apply.

3.2. The web interface of the store contains information about the goods, including the prices of the individual goods and the costs for returning the goods, if these goods cannot by their nature be returned by the usual postal route. The prices of goods are listed including value added tax and all related fees. The prices of the goods remain valid for as long as they are displayed in the web interface of the store. This provision does not exclude the negotiation of a purchase contract under individually agreed conditions.

3.3. All prices, including promotional ones, are valid until canceled or sold out. If the goods have already been ordered (or a purchase contract concluded), the price of the goods for which they were ordered applies, regardless of later changes.

3.4. The web interface of the store also contains information about the costs associated with packaging and delivery of the goods, and about the method and time of delivery of the goods. The information on the costs associated with the packaging and delivery of the goods listed in the web interface of the store is valid only in cases where the goods are within guaranteed within the territory of the Czech Republic. In the event that the seller offers free shipping, the buyer must pay the minimum total purchase price of the shipped goods in the amount specified in the store's web interface for the right to free shipping. In the event that the buyer partially withdraws from the purchase contract and the total purchase price of the goods for which the buyer did not withdraw from the contract does not reach the minimum amount required for the right to free transportation of the goods according to the previous sentence, the buyer's right to transport the goods expires free of charge and the buyer is obliged to pay the transport of the goods to the seller.

3.5. To order goods, the buyer fills out the order form in the web interface of the store. The order form mainly contains information about:

      3.5.1. ordered goods (the ordered goods are "put" by the buyer into the electronic shopping cart of the store's web interface),

      3.5.2. method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and

      3.5.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").

3.6. Before sending the order to the seller, the buyer is allowed to check and change the input data that the buyer entered in the order, also taking into account the possibility of the buyer to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking the "Complete order and pay" button. The data listed in the order they are deemed correct by the seller. The condition for the validity of the order is the filling in of all mandatory data in the order form and confirmation by the buyer that he has become familiar with these terms and conditions. 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 referred to as the "buyer's e-mail address"). This confirmation is automatic and does not constitute a contract.

3.7. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by phone).

3.8. The contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the e-mail address of the buyer.

3.9. The seller does not guarantee the immediate availability of all items of goods. If the seller cannot fulfill any of the requirements stated in the order, he will send the buyer an amended offer to his email address. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case by the buyer's confirmation of acceptance of this offer to the seller at his email address specified in these terms and conditions.

3.10. All orders accepted by the seller are binding. The buyer can cancel the order until the buyer receives the notification of acceptance of the order by the seller. The buyer can cancel the order by phone at the seller's phone number or email listed in these terms and conditions.

3.11. In the event that there was an obvious technical error on the part of the seller when indicating the price of the goods in the online store, or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this obviously incorrect price, even if the buyer was sent an automatic confirmation of receipt of the order according to these terms and conditions. The seller informs the buyer of the error without undue delay and sends the buyer an amended offer to his e-mail address. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case by confirmation of acceptance by the buyer to the seller's email address.

3.12. If the buyer falls into arrears with the payment of any obligation to the seller and subsequently places an order with the seller, the seller is entitled to accept this order only at the moment of full payment of all the buyer's obligations to the seller after the due date. The moment of full payment means the day the amount owed is credited to the seller's bank account or the day the amount owed is paid in cash.

3.13. The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are paid by the buyer himself, and these costs do not differ from the basic rate.

3.14. These terms and conditions apply to cases where a purchase contract is concluded via an online store and, to a reasonable extent, to cases where the contract is concluded directly at the seller's premises. In the case of concluding a contract directly at the seller's premises, the consumer's rights do not apply in particular when concluding a contract via remote communication.

PRICE OF GOODS AND TERMS OF PAYMENT

4.1. The buyer can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract to the seller in the following ways:

4.1.1. in cash on delivery at the place specified by the buyer in the order upon receipt of the goods,

4.1.2. by cashless transfer to the seller's bank account No. 313768109/0300, held at Československá obchodní banka, a.s. (hereinafter referred to as the "seller's account") before taking over the goods,

4.1.3. cashless via ThePay payment gateway before taking over the goods,

4.1.4. cashless by payment card before taking over the goods or when taking them over.

4.2. Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.

4.3. The seller does not require a deposit or other similar payment from the buyer. Payment of the purchase price before the goods are shipped is not a deposit. The provisions of § 2119, paragraph 1 of the Civil Code shall not apply.

4.4. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. 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.

4.5. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.

4.6. In the event that a discount or discount coupon is applied in violation of the rules of the given discount or discount coupon, the seller has the right to refuse such application of the discount or discount coupon. In such a case, the buyer is informed and will be offered the option to complete the order without this discount or the applied discount coupon. The rules and conditions for applying a specific discount are attached either directly to the discount (in the form of information), or the discount contains a link to a website where these rules are described in detail. In the event that ambiguities arise in the interpretation of the rules of the discount or discount coupon, their interpretation determined by the seller shall apply.

4.7. If it is customary in business dealings or if it is stipulated by generally binding legal regulations, the seller will issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The tax document is sent to the buyer's email address or the tax document is attached to the delivered goods. The buyer agrees to the sending of tax documents (invoices) in electronic form, electronically in accordance with the relevant provisions of Act No. 235/2004 Coll. on value added tax. Electronically prepared invoices are considered by the contracting parties to be full invoices.

4.8. The buyer acquires ownership of the goods only after full payment of the entire purchase price for the goods, including delivery costs, but first upon receipt of the goods. Liability for accidental destruction, damage or loss of goods passes to the buyer at the time of acceptance of the goods or at the time when the buyer had the obligation to accept the goods, but did not do so in violation of the purchase contract.

WITHDRAWAL FROM THE PURCHASE AGREEMENT

5.1. The buyer acknowledges 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:

      5.1.1. goods manufactured according to the buyer's requirements or adapted to his personal needs,

      5.1.2. perishable goods or goods with a short shelf life, as well as goods that, due to their nature, have been irreversibly mixed with other goods after delivery,

      5.1.3. goods in a sealed package which, for reasons of health protection or hygiene reasons, are not suitable for return after the buyer has broken them, and

      5.1.4. sound or video recording or computer program in a sealed package, if the buyer has infringed it.

5.2. If this is not the case specified in Article 5.1 of the terms and conditions or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with § 1829, paragraph 1 and paragraph 2 of the Civil Code, namely within fourteen (14) days from the day on which the buyer or a different third party designated by him receives the goods, or:

      5.2.1. the last piece of goods, if the buyer orders several pieces of goods in one order, which are delivered separately,

      5.2.2. the last item or part of a delivery of goods consisting of several items or parts, or

      5.2.3. the first delivery of goods, if the contract stipulates regular delivery of goods for an agreed period.

5.3. Withdrawal from the purchase contract must be sent to the seller within the period specified in Article 5.2 of the terms and conditions. To withdraw from the purchase contract, the buyer can use the online withdrawal form provided by the seller.

5.4. In case of withdrawal from the purchase contract according to Article 5.2. terms and conditions, the purchase contract is canceled from the beginning. The buyer shall send or hand over the goods back to the seller without undue delay, no later than fourteen (14) days after withdrawal from the contract, unless the seller has offered to collect the goods himself. The period according to the previous sentence is preserved if the buyer sends the goods before it expires. If the buyer withdraws from the purchase terms, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned due to their nature by the usual postal route.

5.5. In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the terms and conditions, the seller shall return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase contract by the buyer, in the same manner as the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer when the goods are returned by the buyer or in another way, if the buyer agrees and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer until the seller receives the goods or until the buyer proves to him that he has sent the goods back, whichever occurs first.

5.6. The seller is entitled to unilaterally offset the claim for payment of damage caused to the goods against the buyer's claim for a refund of the purchase price.

5.7. In cases where the buyer has the right to withdraw from the purchase contract in accordance with § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, up to the time of acceptance of the goods by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, without cash to the account designated by the buyer.

5.8. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the severance condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift ceases to be effective and the buyer is obliged to return the goods to the seller together with gift given.

5.9. The seller is entitled to withdraw from the purchase contract also due to the stock being sold out, the unavailability of the goods, or when the manufacturer, importer or supplier of the goods has stopped the production or importation of the goods. The seller also has the right to withdraw from the contract if, after confirmation of the order, he discovers in a credible manner facts that give rise to reasonable concerns that the offered goods do not meet the legal conditions for free sale on the market or do not meet the safety conditions, or the goods at the seller's disposal begin to show defects and malfunctions not caused by the seller, when the seller will not be able to ensure the delivery of the goods in at least normal quality.

5.10. The seller is entitled to withdraw from the contract as a result of the buyer's repeated failure to cooperate in the delivery of the goods, in which case the seller's right to compensation for damages is not affected.

5.11. The seller is also entitled to withdraw from the contract as a result of the intervention of force majeure, which makes it disproportionately difficult or even impossible for him to properly fulfill the contract.

5.12. The seller immediately informs the buyer via the buyer's e-mail address specified in the order and returns within 14 days from the notification of withdrawal from the purchase contract all funds, including delivery costs, which he received from him under the contract, in the same way, or in a way specified by the buyer.

TRANSPORTATION AND DELIVERY OF GOODS

6.1. The goods are delivered to the buyer:

      6.1.1. to the address specified by the buyer in the order,

      6.1.2. via the parcel drop-off to the drop-off address specified by the buyer,

6.2. The choice of delivery method is made during the ordering of goods.

6.3. The costs of delivering the goods, depending on the method of sending and receiving the goods, are indicated in the buyer's order and in the seller's confirmation of the order. In the event that the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.

6.4. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.

6.5. When taking over 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 transporter immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the seller. This does not affect the rights of the buyer from liability for product defects and other rights of the buyer resulting from generally binding legal regulations.

6.6. In the event that the buyer does not pick up the ordered goods in person at the agreed pick-up location within the agreed or additional deadline, the seller may withdraw from the contract, on the second day after the expiration of the additional deadline for taking over the goods. The seller is entitled to set an additional date for taking over the goods unilaterally after the agreed collection date has expired.

6.7. The seller is not liable to the buyer for damage caused by a delay in the delivery of the goods, which was caused by the carrier.

6.8. At the time of closing the online store, e.g ad during the Christmas holidays, the ordered goods are not shipped until the online store is reopened. The seller informs the buyer about this fact on the website, by email or through other means of communication.

6.9. Additional rights and obligations of the parties during the transportation of goods may be regulated by the seller's special delivery conditions, if issued by the seller.

RIGHTS FROM DEFECTIVE PERFORMANCE

7.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended).

7.2. If the object of the purchase is a tangible movable thing that is connected to digital content or a digital content service in such a way that it could not fulfill its functions without them (hereinafter referred to as "the thing with digital properties"), the provisions regarding liability for the seller's defects also apply to the provision of digital content or a digital content service, even if provided by a third party. This does not apply if it is obvious from the content of the purchase contract and from the nature of the matter that they are provided separately.

7.3. The seller guarantees to the buyer that the item has no defects upon receipt. In particular, the seller responds to the buyer that the item:

      7.3.1. corresponds to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics,

      7.3.2. is suitable for the purpose for which the buyer requires it and to which the seller has agreed, and

      7.3.3. is supplied with agreed accessories and instructions for use, including instructions for assembly or installation.

7.4. The seller responds to the buyer that, in addition to the agreed properties:

      7.4.1. the thing is suitable for the purpose for which the thing of this type is usually used, also with regard to the rights of third parties, legal regulations, technical standards or codes of conduct of the given industry, if there are no technical standards,

      7.4.2. the quantity, quality and other properties of the thing, including durability, functionality, compatibility and safety, correspond to the usual properties of things of the same kind that the buyer can reasonably expect, also with regard to public statements made by the seller or another person in the same contractual chain, in particular by advertising or labeling, unless the seller proves that he was not aware of it or that it was modified at the time of the conclusion of the purchase contract in at least a comparable way as it was done, or that it could not have influenced the purchase decision,

      7.4.3. the item is delivered with accessories, including packaging, assembly instructions and other instructions for use that the buyer can reasonably expect, and

      7.4.4. the item corresponds to the quality or design of the sample or template that the seller provided to the buyer before concluding the purchase contract.

7.5. The provisions of Article 7.4 of the terms and conditions shall not apply if the seller has separately notified the buyer before concluding the purchase contract that some property of the item is different and the buyer has expressly agreed to this at the time of concluding the purchase contract.

7.6. The seller is also liable to the buyer for a defect caused by incorrect assembly or installation, which was carried out by the seller or under his responsibility according to the purchase contract. This also applies if the assembly or installation was carried out by the buyer and the defect occurred due to a deficiency in the instructions provided for it by the seller or the provider of the digital content or digital content service, if it is a thing with digital properties.

7.7. If a defect becomes apparent within one year of receipt, it is considered that the item was already defective upon receipt, unless the nature of the item or the defect precludes this. This period does not run for the period during which the buyer cannot use the item, in the event that he has legitimately complained about the defect.

7.8. If the subject of the purchase is a thing with digital properties, the seller will ensure that the agreed updates of digital content or digital content services are provided to the buyer. In addition to the agreed updates, the seller will ensure that the buyer will be provided with updates that are necessary for the thing to retain its properties after taking over according to Article 7.3 and Article 7.4 of the terms and conditions, and that he will be notified of their availability

      7.8.1. for a period of two years, if according to the purchase contract the digital content or the digital content service is to be provided continuously for a certain period of time, and if provision is agreed for a period longer than two years, for this entire period,

      7.8.2. for as long as the buyer can reasonably expect if the digital content or digital content service is to be provided on a one-time basis under the purchase agreement; this will be assessed according to the type and purpose of the thing, the nature of the digital content or the digital content service and taking into account the circumstances of the conclusion of the purchase contract and the nature of the obligation.

7.9. The provision of Article 7.8 of the terms and conditions does not apply if the seller has separately warned the buyer before concluding the purchase contract that updates will not be provided and the buyer has expressly agreed to this when concluding the purchase contract.

7.10. If the buyer does not update within a reasonable time, does not have rights from a defect that arose only as a result of not performing an update. This does not apply if the buyer was not notified of the update or of the consequences of not performing it, or did not perform the update or performed it incorrectly due to a deficiency in the instructions. If, according to the purchase contract, the digital content or the digital content service is to be provided continuously for a certain period of time and if a defect manifests itself or occurs during the period according to Article 7.8.1 and Article 7.8.2 of the terms and conditions, it is considered , that the digital content or digital content service is provided defectively.

7.11. The buyer can complain about a defect that appears on the item within two years of receipt. If the subject of the purchase is a thing with digital properties and if, according to the purchase contract, the digital content or digital content service is to be provided continuously for a certain period of time, the buyer can complain about a defect that occurs or manifests itself within two years of receipt. If it is to be fulfilled for a period longer than two years, the buyer has the right from a defect that occurs or manifests itself during this time. If the buyer complains to the seller about a defect, the period for pointing out the defect in the item does not run for the period during which the buyer cannot use the item.

7.12. If the item has a defect, the buyer can request its removal. According to his choice, he can demand the delivery of a new item without a defect or the repair of the item, unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other; this is assessed in particular with regard to the significance of the defect, the value that the item would have without the defect, and whether the defect can be removed in a second way without significant difficulties for the buyer. The seller can refuse to remove the defect if it is impossible or disproportionately expensive, especially with regard to the importance of the defect and the value that the item would have without the defect.

7.13. The seller will remove the defect within a reasonable time after it is pointed out so that it does not cause significant difficulties for the buyer, taking into account the nature of the item and the purpose for which the buyer purchased the item. To remove the defect, the seller will take over the item at his own expense. If this requires the disassembly of an item, the assembly of which was carried out in accordance with the nature and purpose of the item before the defect became apparent, the seller will dismantle the defective item and install a repaired or new item, or cover the costs associated with it.

7.14. The buyer may request a reasonable discount or withdraw from the purchase contract if:

      7.14.1. the seller refused to remove the defect or did not remove it in accordance with Article 7.13 of the terms and conditions,

      7.14.2. the defect manifests itself repeatedly,

      7.14.3. the defect is a material breach of the purchase contract, or

      7.14.4. it is apparent from the seller's statement or from the circumstances that the defect will not be remedied within a reasonable time or without considerable difficulty for the buyer.

7.15. If the item's defect is insignificant, the buyer cannot withdraw from the purchase contract (in the sense of Article 7.14 of the terms and conditions); it is considered that the defect of the item is not insignificant. If the buyer withdraws from the purchase contract, the seller will return the purchase price to the buyer without undue delay after receiving the item or after the buyer proves to him that he has sent the item.

7.16. The defect can be blamed on the seller from whom the item was purchased. However, if another person is appointed to perform the repair, who is at the seller's place or at a place closer to the buyer, the buyer will point out the defect to the person appointed to carry out the repair.

7.17. With the exception of cases where another person is appointed to carry out the repair, the seller is obliged to accept the complaint in any establishment where the acceptance of the complaint is possible with regard to the range of products sold or services provided, or even at its headquarters. The seller is obliged to issue a written confirmation to the buyer when making a claim, in which he will state the date when the buyer made the claim, what it contains, what method of handling the claim the buyer requires and the buyer's contact details for the purpose of providing information on handling the claim. This obligation also applies to other persons designated to carry out the repair.

7.18. The complaint, including the removal of the defect, must be processed and the buyer must be informed about it no later than thirty (30) days from the date of the claim, unless the seller and the buyer agree on a longer period. If the subject of the obligation is the provision of digital content, including digital content delivered on a tangible medium, or a digital content service, the complaint must be settled within a reasonable time, taking into account the nature of the digital content or digital content service and the purpose for which the buyer requested it.

7.19. After the expiration of the period according to Article 7.18 of the terms and conditions, the buyer can withdraw from the purchase contract or demand a reasonable discount.

7.20. The seller is obliged to issue to the buyer a confirmation of the date and method of settlement of the complaint, including confirmation of the repair and its duration, or a written justification for the rejection of the complaint. This obligation also applies to other persons designated to carry out the repair.

7.21. The buyer can specifically assert rights from liability for product defects in person at the address Bohunická 517/55, Horní Heršpice, 619 00 Brno, by phone at +420 725 699 699 or by email info@jahodabroskev.cz

7.22. Whoever has a right from defective performance is also entitled to compensation for the costs purposefully incurred in exercising this right. However, if the buyer does not exercise the right to compensation within one month after the expiry of the period in which the defect must be pointed out, the court will not grant the right if the seller objects that the right to compensation was not exercised in time.

7.23. Additional rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.

7.24. The seller or another person can also provide the buyer with a quality guarantee in addition to his legal rights from defective performance.

OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.

8.2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1820 paragraph 1 letter n) of the Civil Code.

8.3. The seller handles consumer complaints via e-mail. Complaints can be sent to the seller's email address. The seller will send information about handling the buyer's complaint to the buyer's email address. Other rules for dealing with complaints are not set by the seller.

8.4. The out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: https://adr.coi.cz/cs. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.

8.5. The European Consumer Center Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point according to the Regulation of the European Parliament and the Council (EU) No. 524/2013 of 21 of May 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).

8.6. The buyer can file a complaint with a supervisory or state supervisory authority. The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. To a limited extent, the Czech Trade Inspection supervises, among other things, compliance with the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended.

8.7. The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765, paragraph 2 of the Civil Code.

PROTECTION OF PERSONAL DATA

9.1. Its information obligation towards the buyer in the sense of Article 13 Regulation of the European Parliament and of the Council 2016/679 on the protection of natural persons in connection with the processing of personal data and on the free movement of such data and on the repeal of Directive 95/46/EC (General Regulation on the Protection of Personal Data) ( hereinafter referred to as the "GDPR regulation") related to the processing of the buyer's personal data for the purpose of fulfilling the purchase contract, for the purpose of negotiating the purchase contract and for the purpose of fulfilling the seller's public obligations is fulfilled by the seller through a special document that you can find HERE.

SENDING COMMERCIAL MESSAGES AND STORING COOKIES

10.1. The buyer agrees, in accordance with the provisions of § 7 paragraph 2 of Act No. 480/2004 Coll., on certain services of the information society and on the amendment of certain laws (the Act on certain services of the information society), as amended, to the sending of business communications by the seller to an electronic address or to the buyer's phone number. The seller fulfills its information obligation towards the buyer in accordance with Article 13 of the GDPR regulation related to the processing of the buyer's personal data for the purpose of sending business communications through a special document.

10.2. The seller fulfills its legal obligations related to the potential storage of cookies on the buyer's device by means of a special document that can be found HERE.

DELIVERY

11.1. The contracting parties may deliver all written correspondence to each other via electronic mail.

11.2. The buyer delivers correspondence to the seller to the email address specified in these terms and conditions. The seller delivers correspondence to the buyer to the email address specified in his user account or in the order.

11.3. Notices whose acceptance was refused by the addressee, which were not picked up within the storage period, or which were returned as undeliverable are also considered delivered.

FINAL PROVISIONS

12.1. All arrangements between the seller and the buyer are governed by the legal order of the Czech Republic. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. By choosing the law according to the previous sentence, the buyer, who is a consumer, is not deprived of the protection provided by the provisions of the legal order, from which it is not possible to deviate contractually, and which would otherwise apply in the absence of the choice of law according to the provisions of Article 6, paragraph 1 of the Regulation of the European Parliament and of the Council (EC) No. 593/2008 of June 17, 2008 on the law governing contractual obligations (Rome I).

12.2. If any provision of the terms and conditions is invalid or ineffective, or becomes so, 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 does not affect the validity of the other provisions.

12.3. All rights to the Seller's website, in particular copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or part of it without the consent of the seller.

12.4. The seller is not responsible for errors arising as a result of interventions by third parties in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer must not use procedures that could have a negative effect on its operation and must not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store without authorization, or its parts or software equipment in such a way that would be contrary to its purpose or purpose.

12.5. After delivery to the seller, the buyer's order is archived as a concluded contract for the purpose of its fulfillment and further records.

12.6. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

12.7. Contact details of the seller: registered office address Bohunická 517/55, Horní Heršpice, 619 00 Brno, e-mail address info@jahodabroskev.cz telephone +420 725 699 699 The seller does not provide any other means of online communication.

12.9. These terms and conditions take effect on June 1, 2023. Any changes will always be published on this page.