Terms and Conditions
General Terms and Conditions
I.
Basic Provisions
1. These general terms and conditions (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 the "Civil Code").
Supplier:
Carpe Diem Jerky s.r.o., Korunní 2569/108, 101 00 Prague
ID: 22328661
(hereinafter referred to as "Seller")
Contact details:
Tel: +420 776 888 359
E-mail: info@zmesky.cz
II.
Information about Goods and Prices
1. Information about goods, including the prices of individual goods and their main characteristics, is provided for individual goods in the online store catalog. Prices of goods are stated inclusive of value added tax, all related fees and costs for returning goods, if such goods cannot be returned by regular mail due to their nature. Prices of goods remain valid for the period during which they are displayed in the online store. This provision does not preclude the conclusion of a purchase contract under individually agreed conditions.
2. All presentation of goods placed in the online store catalog is of an informative nature, and the seller is not obligated to conclude a purchase contract regarding these goods.
3. The online store publishes information about costs associated with packing and delivering goods.
4. Any discounts on the purchase price of goods cannot be combined with each other, unless the seller agrees otherwise with the buyer. All discount coupons are always valid for one purchase per customer.
III.
Order and Conclusion of Purchase Contract
1. The costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (internet connection costs, telephone call costs) are borne by the buyer themselves. These costs do not differ from the basic rate.
2. The buyer orders goods in the following ways:
• through their customer account, if they have previously registered in the online store,
• by filling out the order form without registration.
3. When placing an order, the buyer selects the goods, the number of pieces of goods, the method of payment and delivery.
4. Before sending the order, the buyer has the opportunity to check and change the data they entered in the order. The buyer sends the order to the seller by clicking the SEND ORDER button. The data provided in the order is considered correct by the seller. A condition for the validity of the order is the completion of all mandatory fields in the order form and the buyer's confirmation that they have familiarized themselves with these Terms and Conditions.
5. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer provided when ordering. This confirmation is automatic and is not considered a conclusion of the contract. The current Terms and Conditions of the seller are attached to the confirmation. The purchase contract is concluded only after the seller accepts the order. Notification of acceptance of the order is delivered to the buyer's email address. / Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer provided when ordering. This confirmation is considered a conclusion of the contract.
6. In the event that the seller cannot fulfill one of the requirements stated in the order, they will send the buyer a modified offer to their email address. The modified offer is considered a new proposal for a purchase contract, and in such case the purchase contract is concluded by the buyer's confirmation of acceptance of this offer to the seller by email to the address stated in these Terms and Conditions.
7. All orders accepted by the seller are binding. The buyer may cancel the order until the buyer receives notification of acceptance of the order by the seller. The buyer may cancel the order by telephone at the seller's telephone number or email address stated in these Terms and Conditions.
8. In the event that there was an obvious technical error on the part of the seller in stating the price of goods in the online store, or during ordering, the seller is not obligated to deliver the goods to the buyer at this obviously erroneous price. The seller will inform the buyer of the error without undue delay and send the buyer a modified offer to their email address. The modified offer is considered a new proposal for a purchase contract, and in such case the purchase contract is concluded by the buyer's confirmation of acceptance by email to the seller.
IV.
Customer Account
1. Based on the buyer's registration in the online store, the buyer can access their customer account. From their customer account, the buyer can order goods. The buyer can also order goods without registration.
2. When registering for a customer account and when ordering goods, the buyer is obligated to provide all information correctly and truthfully. The buyer is obligated to update the data provided in the user account whenever it changes. The data provided by the buyer in the customer account and when ordering goods is considered correct by the seller.
3. Access to the customer account is secured by username and password. The buyer is obligated to maintain confidentiality regarding information necessary to access their customer account. The seller is not responsible for any misuse of the customer account by third parties.
4. The buyer is not authorized to allow third parties to use the customer account.
5. The seller may cancel the user account, especially if the buyer no longer uses their user account, or if the buyer breaches their obligations under the purchase contract and these Terms and Conditions.
6. The buyer acknowledges that the user account may not be continuously available, especially with regard to necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.
V.
Payment Terms and Delivery of Goods
1. The buyer may pay the price of goods and any costs associated with delivery of goods under the purchase contract in the following ways:
• by cashless transfer to the seller's bank account No.: 9729798003/5500 maintained at Raiffeisenbank.
• by cashless payment card
• by cashless transfer to the seller's account through the GoPay payment gateway,
• by cash on delivery upon handover of goods,
• in cash or by payment card upon personal collection at the Zásilkovna parcel point. GSL
2. Together with the purchase price, the buyer is obligated to pay the seller the costs associated with packing and delivering the goods in the agreed amount. Unless expressly stated otherwise below, the purchase price also includes the costs associated with delivery of goods.
3. In the case of cash payment, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 7 days from the conclusion of the purchase contract.
4. In the case of payment through the payment gateway, the buyer proceeds according to the instructions of the relevant electronic payment provider.
5. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's bank account.
6. The seller does not require any advance deposit or other similar payment from the buyer. Payment of the purchase price before shipping the goods is not a deposit.
7. According to the Sales Records Act, the seller is obligated to issue a receipt to the buyer. At the same time, they are obligated to register the received revenue with the tax administrator online, or in case of technical failure, no later than within 48 hours.
8. Goods are delivered to the buyer:
• to the address specified by the buyer in the order
• through a parcel point to the address of the point specified by the buyer,
• by personal collection at the seller's premises
9. The choice of delivery method is made during the ordering of goods.
10. The costs of delivering goods depending on the method of sending and receipt of goods are stated in the buyer's order and in the seller's order confirmation. In the event that the method of transport is agreed based on a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
11. If, according to the purchase contract, the seller is obligated to deliver the goods to the place specified by the buyer in the order, the buyer is obligated to accept the goods upon delivery. In the event that, for reasons on the buyer's side, it is necessary to deliver the goods repeatedly or in a different manner than stated in the order, the buyer is obligated to pay the costs associated with repeated delivery of goods, or costs associated with a different method of delivery.
12. When receiving goods from the carrier, the buyer is obligated to check the integrity of the packaging of the goods and, in case of any defects, immediately notify the carrier. In case of finding damage to the packaging indicating unauthorized entry into the shipment, the buyer need not accept the shipment from the carrier.
13. The seller will issue a tax document – invoice to the buyer. The tax document is sent to the buyer's email address.
14. The buyer acquires ownership of the goods by paying the entire purchase price for the goods, including delivery costs, but no earlier than upon receipt of the goods. Liability for accidental destruction, damage or loss of goods passes to the buyer at the moment of receipt of the goods or at the moment when the buyer was obligated to receive the goods but failed to do so in breach of the purchase contract.
VI.
Withdrawal from Contract
1. Failure to collect the goods or failure to pick them up is not considered a withdrawal from the purchase contract. In such a case, the seller is entitled to charge the customer the costs incurred for delivery of the shipment.
2. The buyer who concluded the purchase contract outside their business activity as a consumer has the right to withdraw from the purchase contract.
3. The period for withdrawal from the contract is 14 days
• from the day of receipt of the goods,
• from the day of receipt of the last delivery of goods, if the subject of the contract is several types of goods or delivery of several parts,
• from the day of receipt of the first delivery of goods, if the subject of the contract is regular repeated delivery of goods.
4. The buyer cannot, among other things, withdraw from the purchase contract:
• for the provision of services, if they were fulfilled with their prior express consent before the expiry of the withdrawal period and the seller informed the buyer before concluding the contract that in such a case they have no right to withdraw from the contract,
• for the delivery of goods or services whose price depends on fluctuations in the financial market independent of the seller's will and which may occur during the withdrawal period,
• for the delivery of alcoholic beverages that can only be delivered after thirty days and whose price depends on fluctuations in the financial market independent of the seller's will,
• for the delivery of goods that have been customized according to the buyer's wishes or for their person,
• for the delivery of goods that are perishable, as well as goods that have been irreversibly mixed with other goods after delivery,
• for the delivery of goods in sealed packaging that the buyer has removed from the packaging and for hygienic reasons cannot be returned,
• for the delivery of audio or video recordings or computer programs if their original packaging has been broken,
• for the delivery of newspapers, periodicals or magazines,
• for the delivery of digital content, if it was not delivered on a physical medium and was delivered with the buyer's prior express consent before the expiry of the withdrawal period and the seller informed the buyer before concluding the contract that in such a case they have no right to withdraw from the contract,
• in other cases specified in Section 1837 of the Civil Code.
5. To comply with the withdrawal period, the buyer must send the withdrawal statement within the withdrawal period.
6. To withdraw from the purchase contract, the buyer may use the sample withdrawal form provided by the seller. The buyer sends the withdrawal from the purchase contract to the seller's email or postal address stated in these Terms and Conditions. The seller will promptly confirm receipt of the form to the buyer.
7. The buyer who has withdrawn from the contract is obligated to return the goods to the seller within 14 days of withdrawal from the contract. The buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by regular mail due to their nature.
8. If the buyer withdraws from the contract, the seller will return to them without delay, but no later than 14 days from withdrawal from the contract, all funds including delivery costs that they received from them, in the same manner. The seller will return the received funds to the buyer in another manner only if the buyer agrees and if this does not incur additional costs for them.
9. If the buyer chose a delivery method other than the cheapest method offered by the seller, the seller will return delivery costs to the buyer in the amount corresponding to the cheapest offered method of delivery.
10. If the buyer withdraws from the purchase contract, the seller is not obligated to return the received funds to the buyer earlier than when the buyer hands over the goods to them or proves that they sent the goods to the seller.
11. The buyer must return the goods to the seller undamaged, unused and unsoiled, and if possible, in the original packaging. The seller is entitled to unilaterally set off the claim for compensation for damage to the goods against the buyer's claim for refund of the purchase price.
12. The seller is entitled to withdraw from the purchase contract due to sold-out stock, unavailability of goods, or when the manufacturer, importer or supplier of goods has discontinued production or import of goods. The seller will immediately inform the buyer via the email address stated in the order and will return within 14 days from notification of withdrawal from the purchase contract all funds including delivery costs that they received from them under the contract, in the same manner, or in the manner determined by the buyer.
VII.
Rights from Defective Performance
1. The seller is liable to the buyer that the goods have no defects upon receipt. In particular, the seller is liable to the buyer that at the time when the buyer received the goods:
• the goods have the properties that the parties agreed upon, and if there is no agreement, have such properties that the seller or manufacturer described or that the buyer could expect with regard to the nature of the goods and based on advertising conducted by them,
• the goods are suitable for the purpose stated by the seller for their use or for which goods of this type are commonly used,
• the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
• the goods are in the appropriate quantity, measure or weight, and
• the goods comply with legal requirements.
2. If a defect becomes apparent within six months from receipt of the goods by the buyer, it is assumed that the goods were defective upon receipt. The buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months from receipt. This provision does not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear of goods caused by their usual use, in the case of used goods to a defect corresponding to the degree of use or wear and tear that the goods had upon receipt by the buyer, or if this follows from the nature of the goods.
3. In case of occurrence of a defect, the buyer may submit a complaint to the seller and request:
• exchange for new goods,
• a reasonable discount on the purchase price,
• withdrawal from the contract.
4. The buyer has the right to withdraw from the contract,
• if the goods have a substantial defect,
• if they cannot properly use the item due to repeated occurrence of defects after repair,
• in case of a larger number of defects in the goods.
5. The seller is obligated to accept the complaint at any establishment where acceptance of the complaint is possible, or also at the registered office or place of business. The seller is obligated to issue a written confirmation to the buyer stating when the buyer exercised the right, what the content of the complaint is and what method of handling the complaint the buyer requires, as well as confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or written justification for rejection of the complaint.
6. The seller or their authorized employee decides on the complaint immediately, in complicated cases within three working days. This period does not include the time appropriate according to the type of product or service needed for expert assessment of the defect. The complaint including removal of the defect must be handled without delay, no later than 30 days from the day the complaint was made, unless the seller agrees with the buyer on a longer period. The fruitless expiration of this period is considered a material breach of contract, and the buyer has the right to withdraw from the purchase contract. The moment of making the complaint is considered the moment when the buyer's expression of will (exercise of the right from defective performance) reaches the seller.
7. The seller will inform the buyer in writing about the result of the complaint.
8. The buyer is not entitled to the right from defective performance if the buyer knew before receiving the item that the item had a defect, or if the buyer caused the defect themselves.
9. In the case of a justified complaint, the buyer has the right to reimbursement of reasonably incurred costs arising in connection with making the complaint. The buyer may exercise this right with the seller within a period of one month after the expiration of the warranty period.
10. The choice of the method of complaint lies with the buyer.
11. The rights and obligations of the contracting parties regarding rights from defective performance are governed by Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.
VIII.
Delivery
1. The contracting parties may deliver all written correspondence to each other via email.
2. The buyer delivers correspondence to the seller to the email address stated in these Terms and Conditions. The seller delivers correspondence to the buyer to the email address stated in their customer account or in the order.
IX.
Out-of-Court Dispute Resolution
1. The Czech Trade Inspection Authority, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: https://adr.coi.cz/cs, is responsible for out-of-court resolution of consumer disputes arising from the purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used in resolving disputes between the seller and the buyer arising from the purchase contract.
2. The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is a contact point according to 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 consumer ODR).
3. The seller is authorized to sell goods based on a trade license. Trade inspection is carried out within its jurisdiction by the relevant trade office. The Czech Trade Inspection Authority exercises, within a defined scope, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, among other things.
X.
Final Provisions
1. All agreements 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 element, the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the consumer's rights arising from generally binding legal regulations.
2. 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.
3. All rights to the seller's website, in particular copyright to the content, including page layout, photos, films, graphics, trademarks, logo 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 seller's consent.
4. The seller is not responsible for errors arising as a result of third-party interference with the online store or as a result of its use contrary to its intended purpose. The buyer must not use procedures when using the online store that could have a negative impact on its operation and must not perform any activity that could enable them or third parties to interfere with or use the software equipment or other components constituting the online store without authorization, and use the online store or its parts or software equipment in a manner contrary to its intended purpose.
5. The buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
6. The purchase contract including the Terms and Conditions is archived by the seller in electronic form and is not accessible.
7. The seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the validity of the previous version of the Terms and Conditions.
8. The appendix to the Terms and Conditions is a sample form for withdrawal from the contract.
9. In Prague on 02.04.2025
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