Terms & Conditions of the company Rawvolution s.r.o.
with its registered office at: Na Skalce 20, 251 01 Popovičky, Organization ID: 037 40 331, Tax ID: CZ 037 40 331, incorporated in the Commercial Register maintained by the Municipal Court in Prague, file No. C 235692
(hereinafter the Company or Trading Company, or also the Seller)
for the sale of goods through an on-line shop located on a website at the internet address: www.myrawjoy.com
- INTRODUCTORY PROVISIONS
1.1. These terms and conditions of sale (hereinafter the “Terms and Conditions”) of the Company regulate in accordance with the provisions of Sec. 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the ‘Civil Code’) the rights and obligations of the contracting parties arising in relation with or based on the Purchase Agreement (hereinafter the “Purchase Agreement”) concluded between the Seller and another natural and physical entity (hereinafter the “Buyer”) through the e-shop of the Seller. The Seller operates the e-shop on a website at the internet address www.myrawjoy.com (hereinafter the “Website”) through the interface of the website (hereinafter the “Web Interface of the Shop”).
1.2. The Terms and Conditions do not apply to cases when a person intending to buy goods from the Seller is a legal person or person acting within the framework of their business activity when ordering goods or within the framework of the independent pursuit of their profession.
1.3. Provisions derogating from the Terms and Conditions may be negotiated in the Purchase Agreement. Derogating arrangements in the Purchase Agreement shall take precedence over the provisions of the Terms and Conditions.
1.4. The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are drafted in the English language. The Purchase Agreement can be concluded in the Czech language(English, German)
1.5. The Seller may change or amend the wording of the Terms and Conditions. This provision is without prejudice to the rights and obligations arisen during the validity of the previous version of the Terms and Conditions.
- USER ACCOUNT
2.1. Based on the Buyer’s registration made on the Website, the Buyer can access its user interface. Through its user interface, the Buyer can order the goods (hereinafter referred to as the ‘User Account’).
2.2. When registering with the Website and placing an order, all data indicated by the Buyer must be true and correct. In the event of any change, the Buyer shall be obliged to update the data stated in the User Account. The data the Buyer has provided in the User Account and when placing an order are considered by the Seller to be correct.
2.3. Access to the User Account is secured by a user name and password. The Buyer shall be obliged to keep confidential the information necessary to access its User Account.
2.4. The Buyer acknowledges that the User Account may not be available continuously, especially with respect to the necessary maintenance of the hardware and software equipment of the Seller, or the necessary maintenance of the hardware and software equipment of third parties.
- CONCLUSION OF PURCHASE AGREEMENT
3.1. All presentation of goods on the Web Interface of the Shop is of informative nature and the Seller shall not be obliged to conclude a Purchase Agreement regarding these goods. The provision of Sec. 1732 (2) of the Civil Code shall not be applied.
3.2. The Web Interface of the Shop also contains information concerning costs related to packaging and delivery of the goods.
3.3. To order the goods, the Buyer shall complete the order form on the Web Interface of the Shop. The order form includes the following information in particular:
3.3.1. ordered goods (the Buyer shall insert the selected goods into the electronic shopping basket on the Web Interface of the Shop),
3.3.2. the method of payment of the purchase price of the goods, details of the required way of delivery of the ordered goods, and
3.3.3. information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the ‘Order’).
3.4. Depending on the nature of the Order (quantity of goods, amount of purchase price, anticipated costs of transportation), the Seller shall always be entitled to ask the Buyer to provide additional confirmation of the Order (for example in writing or by telephone).
In the case of transportation to non-continental territories, the Seller shall be entitled to additionally specify the price of transportation. Should the Buyer fail to agree to this price, the Seller may withdraw from the agreement. In the case of withdrawal from the Purchase Agreement, the Seller shall refund the already paid purchase price to the Buyer without delay.
3.5. The contractual relationship between the Seller and the Buyer shall be created at the moment of confirmation (acceptance) of the Order which the Seller sends to the Buyer by e-mail to the Buyer’s e-mail address.
3.6. The Buyer agrees to the use of the remote means of communication while concluding the Purchase Agreement. Costs incurred by the Buyer while using the remote means of communication in relation to conclusion of the Purchase Agreement (costs for internet connection, costs for telephone calls) shall be settled by the Buyer itself, whereas these costs are no different from the basic rate.
- PRICE OF GOODS AND TERMS OF PAYMENT
4.1. The price of goods and any possible costs relating to the delivery of goods pursuant to the Purchase Agreement may be settled by the Buyer in the following ways:
- via a cashless transfer through Pay Pal
- via a cashless payment by payment card;
4.2. Together with the purchase price, the Buyer shall be obliged to also pay the costs of the Seller relating to packaging and delivery of the goods in the amount agreed contractually. Unless explicitly determined otherwise, the purchase price shall hereinafter be understood to also include costs relating to the delivery of goods.
4.3. The Seller shall not ask the Buyer for a deposit or another similar payment. This is without prejudice to the provisions of Article 4.5 of the Terms and Conditions concerning the obligation to pay the purchase price of the goods in advance.
4.4. In the case of cashless payment, the Buyer shall be obliged to pay the purchase price of the goods together with the specification of the variable symbol for the payment. In the case of cashless payment, the obligation of the Buyer to pay the purchase price shall be met at the moment of crediting of the respective amount to the Seller’s account.
4.5. The Seller shall be entitled, particularly if the Buyer does not provide additional confirmation of the Order (Article 3.4), to require settlement of the whole purchase price before sending the goods to the Buyer. The provision of Sec. 2119 (1) of the Civil Code shall not be applied.
4.6. If usual in commercial transactions or if so determined by the generally binding legislation, the Seller shall issue the Buyer a tax document – invoice regarding payments made on the basis of the Purchase Agreement. The Seller is subject to VAT. The Seller shall issue the Buyer a tax document – invoice after the payment of the price of the goods and send it to the Buyer’s E-mail Address in the electronic format.
- WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The Buyer notes that, in accordance with the provisions of Sec.1837 of the Civil Code, it shall not be entitled, among others, to withdraw from the Purchase Agreement on the delivery of goods which have been modified at the request of the Buyer or its personal use, from the Purchase Agreement on the delivery of perishable goods and goods which have been irretrievably mingled with other goods, from the Purchase Agreement on the delivery of goods in sealed packaging which have been removed from the packaging by the consumer and which cannot be returned for hygiene reasons.
5.2. Unless the case comes under Article 5.1 of the Terms and Conditions or another case where the Purchase Agreement cannot be withdrawn from, the Buyer shall be entitled, in accordance with the provision of Sec. 1829(1) of the Civil Code, to withdraw from the Purchase Agreement within fourteen (14) days from the receipt of goods, the withdrawal from the Purchase Agreement must be sent to the Seller within the period specified in the previous sentence. Withdrawal from the Purchase Agreement may be sent, besides other, to the address of the Seller’s location or to the Seller’s electronic address firstname.lastname@example.org.
5.3. In the event of withdrawal from the Purchase Agreement under Article 5.2 of the Terms and Conditions, the Purchase Agreement shall be invalidated. Taking into account the nature of the goods, the Buyer takes note that it can only return raw spreads and nut creams within 14 days. The Buyer must return the goods to the Seller in an unopened packaging with protective seals or stickers intact within fourteen (14) days from the delivery of the withdrawal from the Purchase Agreement to the Seller. Should the Buyer withdraw from the Purchase Agreement, the costs of returning the goods shall be borne by the Buyer, even if the goods cannot be returned in the usual manner by post due to their nature.
5.4. In the case of withdrawal from the Purchase Agreement under 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 Agreement by the Buyer, in the same manner as the Seller has received the funds from the Buyer, i.e. the funds shall be returned to the same bank account from which they were transferred. The Seller shall also be entitled to return the performance provided by the Buyer upon the return of the goods by the Buyer or otherwise, provided that the Buyer agrees with it and no additional costs incur to the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller shall not be obliged to return the received funds to the Buyer before the Buyer has returned the goods and the Seller has checked the integrity of the goods packaging.
5.5. In cases where the Buyer has the right to withdraw from the Purchase Agreement in accordance with the provisions of Sec. 1829 (1) of the Civil Code, the Seller shall also be entitled to withdraw from the Purchase Agreement at any time until the goods have been received by the Buyer. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, this being in a cashless manner to the bank account indicated by the Buyer.
5.6. If a gift is provided to the Buyer together with the goods, the gift contract between the Seller and Buyer is concluded under a resolutory condition whereby, in the event that the Buyer withdraws from the Purchase Agreement, the gift contract for such gift shall become void and the Buyer shall be liable to return the provided gift together with the goods.
- TRANSPORT AND DELIVERY OF GOODS
6.1. In the event that the mode of transport has been agreed based on a specific requirement of the Buyer, the risk and costs associated with this mode of transport are borne by the Buyer. Consignments sent to non-EU countries comply with customs rules of the respective country.
6.2. If the Seller is obliged under the Purchase Agreement to deliver the goods to the place specified by the Buyer in the order, the Buyer shall be obliged to take over the goods upon delivery.
6.3. If it is necessary, for reasons on the side of the Buyer, to deliver the goods repeatedly or in a different manner than that specified in the Order, the Buyer shall be obliged to cover the costs relating to repeated delivery of goods, or costs relating to a different method of delivery.
6.4. The Buyer shall be obliged to check the integrity of the goods’ packaging on acceptance of the goods from the carrier, and in the event of any defects whatsoever, to immediately inform the carrier of this. If the packaging shows signs of damage indicating unauthorised opening of the consignment, the Buyer doesn’t have to accept the consignment from the carrier. This shall not restrict the Buyer’s rights of the defective performance and other rights of the Buyer arising from the generally binding legal regulations.
6.5. The Seller shall not be liable for damage to the goods or failure to deliver the goods caused by the carrier.
6.6 Other rights and obligations of the parties concerning the transport of goods may be provided for in special delivery terms of the Seller if issued by the Seller. The Seller shall not be liable for the quality of supplied goods, particularly that of chocolate products transported at temperatures of more than 22°C. Transport of chocolate goods in warm periods is not recommended.
- RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the Contracting Parties regarding rights from defective performance shall be governed by the respective generally binding legislation (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., Consumer Protection Act as amended).
7.2. The Seller shall be liable to the Buyer for the goods being free from defects on acceptance. The Seller shall in particular be liable to the Buyer for ensuring that, at the moment of goods acceptance by the Buyer, the goods:
7.2.1. exhibit the properties which the parties agreed on, and if no such agreement exists, that the goods exhibit such properties which the Seller or the manufacturer described or which the Buyer expected in view of the nature of the goods and on the basis of advertising performed by the Seller or the manufacturer,
7.2.3. The Seller shall not be liable for any change in properties of supplied goods caused as a result of transport, particularly in warm weather. (Article 6(6))
7.2.4. the goods are suitable for the purpose which the Seller specifies as their purpose or which goods of this type are usually used for,
7.2.5. the goods correspond in quality or design to the contracted sample or model, provided the quality or design was determined according to the contracted sample or model,
7.2.6. the goods are provided in the appropriate quantity, scope or weight and
7.2.7. the goods comply with the requirements of the legislation.
7.3. The Seller shall have obligations from defective performance at least to the extent that the obligations from defective performance of the manufacturer persist. Where the goods sold, their packaging, instructions attached to the goods or advertising in accordance with other legislation indicate the period during which the goods may be used, the provisions of the quality guarantee shall apply. By guaranteeing the quality, the seller undertakes that the goods will be suitable for use for the usual purpose for a certain period of time or that they will retain their usual properties.
7.4. The Buyer may exercise its rights from liability for defects of the goods by sending a written complaint to the address: Rawvolution s.r.o., Na Skalce 20, 25101 Popovičky, or an electronic mail to the address email@example.com.
7.5. The Buyer shall inform the Seller which right it wishes to exercise at the time of the defect notification or without undue delay after the defect notification. The Buyer cannot change the choice made without the Seller's consent; this does not apply if the Buyer asks for repair of the defect, which proves to be irreparable.
7.6. If goods lack the properties specified under Article 7.2 of the Terms and Conditions, the Buyer may also require new goods without defects to be delivered to it, unless it is disproportionate to the nature of the defect. In such a case the Buyer shall be entitled to withdraw from the Purchase Agreement.
7.7. In the event of a complaint, the Buyer shall be obliged to return the goods claimed to be defective to the address of the Seller together with a document of the postage paid. When making a claim for the goods, the Buyer shall be liable to provide the Seller with photo documentation showing that the goods lack the properties indicated in the offer or these goods description. The Seller shall provide its statement concerning the claim within a period of 14 days.
7.8. The Seller shall examine the goods under complaint/photo documentation and should the complaint be accepted, the Buyer shall be supplied a new product and refunded the postage costs or it shall be refunded the amount paid for the defective product. If the return is not accepted, the Buyer shall not be refunded the costs of returning the product. The refund shall be made to the bank account of the Buyer from which the payment for the goods was transmitted.
- OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The right of possession to the goods shall pass to the Buyer only after the purchase price has been paid in full.
8.2. The Seller is not bound by any codes of conduct in relation to the Buyer in the sense of provisions of Section 1826 (1) (e) of the Civil Code.
8.3. Consumers’ complaints shall be handled by the Seller through the electronic address firstname.lastname@example.org. The Buyer shall be notified of the status of their complaint by an e-mail sent to the electronic address of the Buyer.
8.4. As for the extrajudicial resolution of consumer disputes arising from the Purchase Agreement, the competent body shall be the Czech Trade Inspection Authority with the registered office at Štěpánská 567/15, 120 00 Prague 2, organization ID no.: 000 20 869, internet address: https://adr.coi.cz/cs. A platform on the internet address http://ec.europa.eu/consumers/odr can be used for online resolution of disputes under Purchase Agreement between the Seller and the Buyer.
8.5. European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).
8.6. The Seller is entitled to sell the goods on the basis of a trade license. Trade licensing inspection shall be performed by the Trade Licensing Authority within the sphere of its competence. Supervision over personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority exercises, within the defined scope, inter alia, the supervision over the observance of Act No. 634/1992 Coll., Consumer Protection Act as amended.
8.7. The Buyer hereby assumes the risk of changed circumstances within the meaning of Sec. 1765 (2) of the Civil Code.
- PERSONAL DATA PROTECTION
9.1 Its obligation to inform the Buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and the Council on the protection of individuals with regard to the processing of data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation); hereinafter referred to as the “GDPR Regulation” relating to the processing of Buyer’s data for the purpose of performance of the Purchase Agreement, to negotiate this Agreement, and for the fulfilment of the Seller’s public law obligations by the Seller by means of a separate document.
- SENDING COMMERCIAL COMMUNICATION AND STORING COOKIES
10.1. In the sense of the provisions of Sec. 7(2) of the Act No. 480/2004 Coll., on certain Information Society Services and on Amendments to some Acts (Act on certain information society services) as amended, the Buyer agrees to the sending of commercial communications by the Seller to the e-mail address telephone number of the Buyer. The Seller fulfils its obligation to inform the Buyer within the meaning of Article 13 of the GDPR Regulation regarding the processing of Buyer's personal data for the purpose of sending commercial communications by means of a separate document.
10.2. The Buyer agrees to the storing of so-called cookies on its computer. Provided it is possible to carry out a purchase on the website and fulfil the Seller’s obligations under the Purchase Agreement without so-called cookies being stored on the Buyer’s computer, the Buyer may withdraw the consent under the previous sentence at any time.
11.1. The delivery to the Buyer may be carried out to the e-mail address of the Buyer.
- FINAL PROVISIONS
12.1. If the relationship based on the purchase agreement contains an international (foreign) element, then the Contracting Parties agree that the relationship shall be governed by the Czech law. By choosing the law referred to in the aforementioned sentence, the buyer who is a consumer shall not be deprived of the protection afforded by the provisions of the legal order which cannot be derogated from in the contract and which, in the absence of a choice of law, otherwise, would apply under the provisions of Article 6 (1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
12.2. If any of the provisions of the Terms and Conditions are or become invalid or ineffective, then these provisions shall be replaced by such provisions that are as close as possible in meaning to the original invalid provision. The invalidity or ineffectiveness of a provision shall not affect the validity and effectiveness of the other provisions.
12.3. The Purchase Agreement including Terms and Conditions shall be stored in electronic form by the Seller and shall not accessible.
12.5. Contact data of the Seller: delivery address: Rawvolution s.r.o., Na Skalce 20, 25101 Popovičky, Czech Republic, e-mail address: email@example.com.
Dated in Modletice on 1st September 2020