General Business Terms and Conditions

trading company Lékarna Těšany s.r.o.

registered office 664 54 Těšany 380

Identification number: 25538152

registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 30963

for the sale of goods through the on-line stores at the internet addresses www.ethiopianfood.de , www.berbere.at , www.berbere.cz , www.afora.de

1. INTRODUCTORY PROVISIONS

1.1.      These General Business Terms and Conditions (hereinafter the “Terms and Conditions”) of the trading company Lékárna Těšany a.r.o., registered office 664 54 Těšany 380, identification number: 25538152, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 30963 (hereinafter the “Seller”) regulate, pursuant to Section 1751(1) of Act No 89/2012, the Civil Code, as amended (hereinafter the “Civil Code”) the mutual rights and obligations of the Parties arising in connection with or based on a purchase contract (hereinafter a “Purchase Contract”) concluded between the Seller and another natural person (hereinafter the “Buyer”) through the internet store of the Seller. The internet store is operated by the Seller on the websites located at the internet addresses www.ethiopianfood.de , www.berbere.at , www.berbere.cz , www.afora.de (hereinafter the “Website”), through the interface of the Website (hereinafter the “Store Interface”).

1.2.      The Terms and Conditions do not apply to cases where a person intending to buy goods from the Seller is a legal entity or person who orders goods in the course of their business activity or as part of their business if self-employed.

1.3.      It is possible to arrange differing provisions to those in the Terms and Conditions in a Purchase Contract. Different arrangements in a Purchase Contract take precedence over the wording of these Terms and Conditions.

1.4.      The Terms and Conditions form an integral part of any Purchase Contract. Purchase Contracts and the Terms and Conditions are prepared in the Czech, German, English and the Amharic languages. A Purchase Contract may be concluded in Czech, German, English and Amharic.

1.5.      The Seller may alter or supplement the text of the Terms and Conditions. This provision does not affect the rights and obligations arising during the effective period of the prior version of the Terms and Conditions.

2. USER ACCOUNT

2.1.      After the Buyer registers on the Website, the Buyer may access his/her user interface. A Buyer may order goods from his/her user interface (hereinafter the “User Account”). A Buyer may also order goods directly from the Store Interface without registering.

2.2.      During registration on the Website and when ordering goods, the Buyer is obliged to provide all data correctly and truthfully. The Buyer is obliged to update the data provided in the User Account at any change thereof. The data provided by the Buyer in the User Account and when ordering goods are considered to be correct by the Seller.

2.3.      Access to the User Account is secured using a username and password. A Buyer is obliged to preserve the confidentiality of the information required to access his/her User Account.

2.4.      A Buyer is not authorized to allow the use of his/her User Account by third parties.

2.5.     The Seller may cancel a User Account, especially in cases when a Buyer has not used the User Account for over 3 years, or in cases when the Buyer breaches his/her obligations from a Purchase Contract (including these Terms and Conditions).

2.6.      The Buyer acknowledges that a User Account may not be available non-stop, especially with regard to the necessary hardware and software maintenance of the Seller’s equipment, or the necessary hardware and software maintenance of third-party equipment.

3. CONCLUSION OF A PURCHASE CONTRACT

3.1.      The entire presentation of goods on the Store Interface is of an informational character and the Seller is not obliged to conclude a Purchase Contract regarding these goods. The provisions of Section 1732(2) of the Civil Code do not apply.

3.2.      The Store Interface contains information about goods, including the prices of individual goods and the costs for returning goods if such goods, by their nature, cannot be returned by the normal postal route. The prices of goods are specified including value added tax and all related fees. The prices of goods remain valid for the period for which they are displayed in the Store Interface. This provision is without prejudice to the Seller’s ability to conclude a Purchase Contract under individually arranged conditions.

3.3.      The Store Interface also contains information about the costs connected with the packaging and delivery of the goods. Information about costs connected with the packaging and delivery of goods indicated on the Store Interface is valid depending on the delivery location. The Seller delivers goods in the Czech Republic, Germany, Austria and the EU.

3.4.      To order goods, a Buyer completes the order form on the Store Interface. The order form includes information in particular about:

3.4.1.    the ordered goods (the Buyer “places” the ordered goods into the electronic shopping basket on the Store Interface),

3.4.2.    the payment method for the goods, data about the required delivery method for the ordered goods, and

3.4.3.    information about the costs connected with the delivered goods (hereinafter together the “Order”).

If a price is displayed that is clearly an error, whether in text or figures, such price is not binding and no Purchase Contract has been concluded.

3.5.      Before sending an Order to the Seller, a Buyer has the opportunity to check and change the data the Buyer has entered into the order, allowing the Buyer to identify and correct errors that arose when entering the data into the Order. The Buyer sends the Order to the Seller by clicking on the “Send Order” button. The data provided in an Order is considered correct by the Seller. Immediately after receiving an Order, the Seller will confirm receipt to the Buyer by e-mail to the Buyer’s e-mail address indicated in the User Account or in the order (hereinafter the “Buyer’s E-mail Address”).

3.6.      The Seller is always authorized, depending on the nature of the Order (quantity of goods, purchase price amount, anticipated delivery costs) to require the Buyer to provide additional confirmation of an order (e.g. in writing or by telephone).

3.7.      A contractual relationship between the Seller and the Buyer is created with the delivery of acceptance of an Order sent by the Seller to the Buyer by e-mail to the Buyer’s E-mail Address.

3.8.      A Buyer consents to the use of remote means of communication during the conclusion of a Purchase Contract. The costs incurred by a Buyer when using remote means of communication in connection with the conclusion of a Purchase Contract (costs for internet connection, costs for telephone calls) are paid by the Buyer, while these costs do not differ from the basic rate.

 

4. PRICE OF THE GOODS AND PAYMENT TERMS AND CONDITIONS

4.1.      The price of the goods and potential costs connected with the delivery of the goods pursuant to a Purchase Contract may be paid by the Buyer to the Seller in the following ways:
in cash at the address Eberstadt str. 167, Pfungstadt 643 19
cash on delivery at a location determined by the Buyer in the order;
by bank transfer to the Seller’s account IBAN No CZ5503000000000255797701………………, at ČSOB (hereinafter the “Seller’s Account”);
by transfer using PayPal, GoPay through on-line payment or by payment card………………;
by payment card;
through a loan provided by a third party.

4.2.      Together with the purchase price, the Buyer must also pay to the Seller the costs connected with the packaging and delivery of the goods at the contractual amount. Unless explicitly stated otherwise, the purchase price also includes the costs connected with the delivery of the goods.

4.3.      The Seller does not require a deposit or other similar payment from the Buyer. This is without prejudice to Art. 4.6. of the Terms and Conditions relating to the obligation to pay the purchase price for the goods in advance.

4.4.      In the event of payment in cash or cash on delivery, the purchase price is payable upon collection of the goods. In the event of a cash-free payment, the purchase price is payable within 7 days from conclusion of a Purchase Contract.

4.5.      In the event of a cash-free payment, the Buyer must pay the purchase price for the goods and also indicate the variable symbol of the payment. In the event of a cash-free payment, the obligation of the Buyer to pay the purchase price is fulfilled at the moment the relevant amount is credited to the account of the Seller.

4.6.      The Seller is authorized, in particular if the Buyer does not provide additional confirmation of an Order (Art. 3.6.), to require the payment of the whole purchase price before sending the goods to the Buyer. Section 2119(1) of the Civil Code do not apply.

4.7.      Any discounts on the price of the goods provided by the Seller to the Buyer cannot be combined.

4.8.      If usual in the course of trade or if determined by generally binding legislation, the Seller will issue a tax document (invoice) to the Buyer relating to payments performed based on a Purchase Contract. The Seller is a value-added tax payer. The Seller will issue a tax document (invoice) to the Buyer after the payment of the price of the goods and send it in electronic form to the Buyer’s E-mail Address.

4.9.      The Seller will issue a receipt to the Buyer pursuant to the Sales Records Act. The Seller will also record the received revenue online with the tax administrator; in the event of a technical fault, this must be done within 48 hours.

 

 

5. WITHDRAWAL FROM A PURCHASE CONTRACT

5.1.      The Buyer understands that pursuant to Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from a Purchase Contract that was modified according to the wishes of the Buyer or for him/her, from a Purchase Contract for goods with a short shelf-life, as well as goods that were, after delivery, irreversibly mixed with other goods, from a Purchase Contract for goods in sealed packaging that the consumer has removed from such packaging and that cannot be returned for hygiene reasons, and from a Purchase Contract for audio or visual recordings or a computer program if the original packaging has been opened.

5.2.      If the situation is not one listed in Art. 5.1. of the Terms and Conditions or another situation under which it is not possible to withdraw from a Purchase Contract, the Buyer has, pursuant to Section 1829(1) of the Civil Code, the right to withdraw from a Purchase Contract within fourteen (14) days from acceptance of the goods, while if the subject of the Purchase Contract is multiple types of goods or delivery in multiple parts, this deadline will begin from the date of acceptance of the last delivery of the goods. Withdrawal from a Purchase Contract must be sent to the Seller within the deadline indicated in the previous sentence. For withdrawal from a Purchase contract, a Buyer may use the specimen form provided by the Seller, which forms an annex to the Terms and Conditions. The Buyer may send withdrawal from a Purchase Contract, inter alia, to the address of the Seller at Eberstadtstr. 167, Pfungstadt 643 19, Deutschland, or 664 54 Tesany 380 Česká Republika or to the e-mail address of the Seller ……………….

5.3.      In the event of withdrawal from a Purchase Contract pursuant to Art. 5.2. of the Terms and Conditions, such Purchase Contract is completely cancelled. The goods must be returned by the Buyer to the Seller within fourteen (14) days from delivery of withdrawal from the Purchase Contract to the Seller. If a Buyer withdraws from a Purchase Contract, the Buyer will bear the costs connected with the return of the goods to the Seller, including if the goods cannot be returned by the usual postal route due to their nature.

5.4.      In the event of withdrawal from a Purchase Contract pursuant to Art. 5.2. of the Terms and Conditions, the Seller will return the funds accepted from the Buyer within fourteen (14) days from withdrawal from the Purchase Contract by the Buyer, in the same way as the Seller received them from the Buyer. The Seller is also authorized to return performances provided by the Buyer at the return of the goods by the Buyer in another way if the Buyer consents to this and the Buyer does not incur any additional costs as a result. If the Buyer withdraws from a Purchase Contract, the Seller is not obligated to return received funds to the Buyer before the Buyer returns the goods or demonstrates that he/she sent the goods to the Seller.

5.5.      The Seller is authorized to unilaterally set off a claim to compensation of damage to the goods against a claim of the Buyer to the return of the purchase price.

5.6.      In cases when the Buyer has, pursuant to Section 1829(1) of the Civil Code, the right to withdraw from a Purchase Contract, the Seller is also authorized to withdraw from a Purchase Contract at any time until the goods are accepted by the Buyer. In such a case the Seller will return to the Buyer the purchase price without undue delay, through a bank transfer to an account designated by the Buyer.

5.7.      Where a gift is provided to the Buyer together with the ordered goods, a gift agreement between the Seller and the Buyer is concluded with a condition subsequent that if the Buyer withdraws from the Purchase Contract, the gift agreement will lose its effect in relation to such gift and the Buyer must return the provided gift together with the goods to the Seller.

6. TRANSPORT AND DELIVERY OF GOODS

6.1.      If the delivery method is arranged based on a special requirement of the Buyer, the Buyer bears the risk and any eventual additional costs connected with such delivery method.

6.2.      If the Seller must, pursuant to a Purchase Contract, deliver goods to a location indicated by the Buyer in an Order, the Buyer must accept the goods upon delivery.

6.3.      If, for reasons on the side of the Buyer, it is necessary to repeat a delivery of goods or deliver them in a different way than indicated in the Order, the Buyer shall pay the costs connected with the repeated delivery or the costs connected with the different delivery method.

6.4.      When accepting goods from a forwarder, the Buyer shall check that the packaging of the goods has not been opened or damaged and, in the event of any defect, notify the forwarder without delay. If the packaging is found to be damaged and raises suspicion of unauthorized access to the consignment, the Buyer need not accept the consignment from the forwarder.

6.5.      Other rights and obligations of the Parties relating to the transport of goods may be modified through special delivery conditions of the Seller, if issued by the Seller.

7. RIGHTS FROM DEFECTIVE PERFORMANCE

7.1.      The rights and obligations of the Parties relating to rights from defective performance are governed by the applicable generally binding legislation (in particular Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No 634/1992, on consumer protection, as amended).

7.2.      The Seller is responsible towards a Buyer for ensuring that the goods have no defects when accepted. The Seller is in particular responsible towards a Buyer for ensuring that when the Buyer accepted the goods:

7.2.1.    the goods had the characteristics that the Parties arranged, and if no such arrangements were made, then such characteristics that the Seller or the manufacturer described or that the Buyer expected in view of the nature of the goods and based on any advertising,

7.2.2.    the goods are suitable for the purpose indicated by the Seller or for which goods of this type are usually used,

7.2.3.    the goods correspond to the quality or design of the agreed sample or original, if the quality or design was determined according to an agreed sample or original,

7.2.4.    the goods are in the corresponding quantity, size or weight, and

7.2.5.    the goods comply with legislative requirements.

7.3.      The provisions indicated in Art. 7.2. of the Terms and Conditions do not apply for goods sold for a lower price due to a defect for which the lower price was arranged, for wear to goods caused through their usual use, for used goods for defects corresponding to the level of use or wear that the goods had at acceptance by the Buyer, of if this arises from the nature of the goods.

7.4.      Where a defect in the goods is revealed within 6 months from acceptance, it is assumed that the goods were defective at the time of acceptance. A Buyer is authorized to exercise his/her right from a defect that appeared in a consumer good within twenty-four months from acceptance.

7.5.      A Buyer may exercise rights from a defective performance at the Seller at the address of the Seller’s business premises in which the acceptance of a warranty complaint is possible in view of the range of sold goods, or potentially also at the registered office or place of business.

7.6.      Other rights and obligations of the Parties connected with the liability of the Seller for defects may be regulated by the warranty claims rules of the Seller.

8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

8.1.      A Buyer gains ownership rights to the goods with the payment of the whole of the purchase price for the goods.

8.2.      The Seller is not bound by any codes of ethics vis-a-vis the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.

8.3.      The Seller addresses complaints from consumers through the e-mail address ………………. The Seller will send information about the resolution of a complaint from a Buyer to the Buyer’s E-mail Address.

8.4.      The following organization is competent to address out-of-court settlement of consumer disputes arising from a Purchase Contract: Česká obchodní inspekce (Czech Trade Inspection Authority), registered office Štěpánská 567/15, 120 00 Praha 2, company ID No: 000 20 869, website : https://adr.coi.cz/cs. The online dispute resolution platform at the website https://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and a Buyer from a Purchase Contract.

8.5.      Evropské spotřebitelské centrum Česká republika (European Consumer Center), registered office Štěpánská 567/15, 120 00 Praha 2, website: https://www.evropskyspotrebitel.cz is the contact point pursuant 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).

8.6.      The Seller is entitled to sell goods based on a valid trade authorization. Trade inspections are carried out by the respective licensing authority (in Czech: živnostenský úřad) within the scope of its powers. Supervision over the protection of personal data is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority exercises within a defined scope, inter alia, supervision of compliance with Act No 634/1992, on consumer protection, as amended.

8.7.      A Buyer hereby accepts the risk of change in circumstances pursuant to Section 1765(2) of the Civil Code.

 

9. PROTECTION OF PERSONAL DATA

9.1.      Protection of the personal data of the Buyer, if a natural person, is provided through Act No 101/2000, on personal data protection, as amended.

9.2.      A Buyer consents to the processing of his/her personal data: name and surname, residence address, ID number, tax ID number, e-mail address, telephone number (hereinafter together the “Personal Data”).

9.3.      A Buyer consents to the processing of the Personal Data by the Seller for the purposes of the implementation of the rights and obligations arising from a Purchase Contract and for the purposes of maintaining a User Account. If a Buyer does not select a different option, he/she consents to the processing of the Personal Data by the Seller also for the purposes of sending information and commercial messages to the Buyer. Consent with the processing of the Personal Data within the full scope of this article is not a condition that would, in and of itself, prevent the conclusion of a Purchase Contract.

9.4.      A Buyer understands that he/she must present correct and true personal data (at registration, in his/her User Account, during an Order made using the Store Interface) and that he/she must inform the Seller of any change to such personal data without undue delay.

9.5.      The Seller may entrust the processing of the Personal Data of a Buyer to a third party as processor. Personal data will not be provided to any third party except goods forwarders without the prior consent of the Buyer.

9.6.      Personal Data will be processed for a period of 5 years. Personal Data will be processed in electronic format in an automated manner or in printed format in a non-automated manner.

9.7.      A Buyer confirms that the provided Personal Data are exact and that he/she has been informed that the provision of the Personal Data is voluntary.

9.8.      If a Buyer thinks that the Seller or the processor (Art. 9.5.) are processing his/her Personal Data contrary to the protection of his/her private and personal life or contrary to the law, in particular if the Personal Data are incorrect in view of the purpose of their processing, he/she may:

9.8.1.   ask the Seller or the processor for an explanation,

9.8.2.   ask the Seller or the processor to rectify this situation.

9.9.      If a Buyer asks for information about the processing of his/her Personal Data, the Seller shall provide him/her with this information. For providing the information according to the preceding sentence, the Seller may request reasonable compensation not exceeding the necessary costs for the provision of such information.


10. SENDING COMMERCIAL MESSAGES AND STORING COOKIES

10.1.  A Buyer consents to the sending of information connected with the goods, services or the business of the Seller to the Buyer’s E-mail Address, and also consents to the sending of commercial messages by the Seller to the Buyer’s E-mail Address.

10.2.  A Buyer consents to the storage of cookies on his/her computer. If a purchase on the Website is feasible, and the obligations of the Seller arising from the Purchase Contract can be fulfilled without the saving of cookies on the Buyer’s computer, the Buyer may revoke the consent given according to the previous sentence at any time.


11. NOTICES

11.1.  Notices may be sent to a Buyer to the Buyer’s E-mail Address.


12. FINAL STIPULATIONS

12.1.  If the relationship established by a Purchase Contract contains an international (foreign) element, the Parties agree that the relationship is governed by the laws of the Czech Republic. This does not affect the consumer rights arising from generally binding legal regulations.

12.2.  If any provision of the Terms and Conditions is invalid or ineffective or becomes so, it shall be replaced by a provision whose sense is as close as possible to the invalid provision. The invalidity or ineffectiveness of any provision is without prejudice to the validity and effectiveness of the other provisions.

12.3.  A Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

12.4.  The specimen form for withdrawal from a Purchase Contract forms an annex to the Terms and Conditions.

12.5.  Contact data of the Seller: correspondence address Eberstadt str. 167, Pfungstadt 643 19 Deutschland, 664 54 Těšany 380 Česká republika , e-mail address                    , telephone                                       .

 

At Těšany, dated 13/07/2018