1. INTRODUCTORY PROVISIONS
1.1. These Business Terms and Conditions (hereinafter the “Business Terms and Conditions”) of Cookbombastic.com - Alvarak Group as, registered office at Kanadská 775, 391 11 Planá nad Lužnicí,, Czech Republic identification number 25152700, entered in the Commercial Register maintained by the Regional Court in České Budějovice, Section B, Insert 1499 hereinafter referred to as the "Seller") govern the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Agreement") concluded between the Seller and another natural and legal person (hereinafter the "Buyer"). The Seller operates the online shop at www.cookbombastic.com via the web interface (hereinafter referred to as the “web interface of the shop”).
1.2. The Terms and Conditions further regulate the rights and obligations of the contracting parties in using the Seller's website located at www.cookbombastic.com (hereinafter referred to as the “Website”) and other related legal relations. The Terms and Conditions do not apply to cases where a person who intends to purchase goods from the seller acts when ordering goods in the course of his business.
1.3. Provisions deviating from the terms and conditions can be agreed in the purchase contract. Divergent provisions in the sales contract shall take precedence over the provisions of the Terms and Conditions.
1.4 The provisions of the Terms and Conditions form an integral part of the purchase contract. The purchase contract and the terms and conditions are written in Czech. The purchase contract can be concluded in Czech.
1.5. The Seller may change or supplement the wording of the Terms and Conditions. This provision shall be without prejudice to rights and obligations arising during the effective period of the previous version of the Terms and Conditions.
2. USER ACCOUNT
2.1. Based on the buyer's registration on the website, the buyer can access his user interface. From its user interface, the buyer can order goods (hereinafter referred to as "user account"). If the web interface allows it, the buyer can also order goods without registration directly from the web interface.
2.2. When registering on the website and ordering goods, the buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the data entered in the user account upon 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 and acknowledges that the Seller is not responsible for any breach of this obligation by the Buyer.
2.4. The Buyer is not entitled to allow the use of the user account by third parties.
2.5. The Seller may cancel the user account, especially if the buyer has not used his user account for more than 1 year, or if the buyer breaches his obligations under the purchase contract (including terms and conditions). 2.6. The Buyer acknowledges that the user account may not be available at all times, especially with respect to the necessary maintenance of the hardware and software equipment of the Seller. necessary maintenance of third party hardware and software.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. The web interface of the store contains a list of goods offered by the seller for sale, including prices of individual offered goods. The prices of the goods offered include VAT and all related fees. The offer of sale of goods and prices of these goods remain valid as long as they are displayed in the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated conditions. All offers of sale of goods placed in the web interface of the shop are not binding and the seller is not obliged to conclude a purchase agreement regarding these goods.
3.2. The store web interface also contains information about the costs associated with packaging and delivery. Information on the costs associated with the packaging and delivery of goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.
3.3. To order goods, the buyer fills in the order form in the web interface of the shop. The order form contains information about:
3.3.1.ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the shop),
3.3.2.the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods, and 3.3.3.information on the costs associated with the delivery of the goods (collectively referred to as the "Order").
3.4. Before sending the order to the seller, the buyer is allowed to check and change the data entered into the order by the buyer, also with regard to the buyer's ability to detect and correct errors arising when entering data into the order. The buyer sends the order to the seller by clicking on the "ORDER" button. The data listed in the order they are deemed correct by the seller. The Seller shall confirm the receipt to the Buyer immediately upon receipt of the order by e-mail to the Buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the “Buyer's E-mail Address”).
3.5. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (eg in writing).
3.6. The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by e-mail to the Buyer's e-mail address.
3.7. The buyer acknowledges that the seller is not obliged to conclude a purchase agreement, especially with persons who have previously substantially breached their obligations to the seller.
3.8. The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the Purchase Agreement (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself.
4. PRICE OF GOODS AND PAYMENT CONDITIONS
4.1. The price of the goods and any costs associated with the delivery of goods under the purchase contract, the buyer can pay the seller as follows: - cashless transfer to the seller's account or cash on delivery.
4.2. Together with the purchase price, the buyer is obliged to pay to the seller also the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
4.3. In case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller's account.
4.4. The Seller shall issue the Buyer a tax document - invoice for payment of the purchase price. The seller is a payer of value added tax. The tax document - invoice is issued by the seller to the buyer after payment of the price of the goods and sent in electronic form to the buyer's email address (in case of payment of the purchase price by transfer) or together with the goods (in case of payment on delivery).
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Buyer acknowledges that, pursuant to the provisions of Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a purchase contract for the supply of goods which has been modified according to the buyer's wish or for himself. which has been irrevocably mixed with other goods after delivery, from a contract for the supply of sealed goods which the consumer has removed from the package and cannot be returned for hygienic reasons and from a contract for the delivery of audio or video recordings or computer software if Original packaging.
5.2. Unless the case referred to in Article 5.1 or any other case where the Purchase Agreement cannot be withdrawn, the Buyer has the right to withdraw from the Purchase Agreement within fourteen (14) days in accordance with Section 1829 (1) of the Civil Code. from the date of receipt of the goods, and if the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the contract of sale must be sent to the seller within the period specified in the previous sentence. For withdrawal from the purchase contract, the buyer can use the sample form provided by the seller, which is attached to the business conditions. Withdrawal from the Purchase Agreement may be sent by the Buyer to, inter alia, the Seller's premises or the Seller's e-mail address alvarak@alvarak.com.
5.3. In case of withdrawal from the purchase contract according to Article 5.2 of the Terms and Conditions, the purchase contract is canceled from the beginning. Goods must be returned to the Seller within fourteen (14) days of withdrawal. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return
goods to the Seller, even if the goods cannot be returned by their normal postal nature.
5.4. In case of withdrawal from the 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 from the withdrawal from the purchase agreement by the buyer. The Seller is also entitled to return the performance provided by the Buyer at the time of returning the goods by the Buyer or otherwise, if the Buyer agrees and does not incur additional costs to the Buyer. If the buyer withdraws from the contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that the goods sent to the seller.
5.5. In the event that the buyer purchases the goods in connection with the subject of his business activity or in the course of his / her self-employment (ID), none of the preceding provisions of this article shall apply.
5.6. The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn or partially consumed, the Seller shall be entitled to compensation from the Buyer for damages incurred by the Buyer. The Seller is entitled to unilaterally set off the claim for compensation of the incurred damage against the Buyer's claim for refund of the purchase price.
5.7. Until the Buyer accepts the goods, the Seller is entitled to withdraw from the contract at any time. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, by cashless transfer to the account specified 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 proviso that if the consumer withdraws from the purchase contract, the gift contract for such gift ceases to be effective. provided gift.
6. TRANSPORT OF GOODS AND DELIVERY
6.1. The method of delivery of goods is determined by the seller, unless otherwise specified in the purchase contract. If the mode of transport is agreed upon at the request of the buyer, the buyer bears the risk and possible additional costs associated with this mode of transport.
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 is obliged to take the goods on delivery.
6.3. In the event that due to reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in any other way than specified in the order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods, respectively. costs associated with other delivery methods.
6.4. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects notify the carrier immediately. In case of finding a breach of the package, which indicates unauthorized entry into the shipment, the buyer need not take the shipment from the carrier. By signing the delivery note, the buyer confirms that the package of the consignment containing the goods was intact.
6.5. Other rights and obligations of the parties in the carriage of goods may be governed by special delivery terms of the seller, if issued by the seller.
7. LIABILITY FOR DEFECTS, WARRANTY
7.1. The rights and obligations of the contracting parties in respect of rights from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
7.2. The Seller is responsible to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer has received the goods:
7.2.1. the goods have the properties agreed by the parties and, in the absence of an agreement, the goods described by the seller or the manufacturer or expected by the buyer with regard to the nature of the goods and the advertising they carry out, 7.2.2. the goods are fit for the purpose stated by the seller or for which goods of this kind are usually used,
7.2.3. the goods conform to the quality or design agreed upon in the agreed sample or template, if the quality or design was determined according to the agreed sample or template,
7.2.4. the goods are of an appropriate quantity, measure or weight, and 7.2.5. the goods comply with legal requirements.
7.3. The provisions referred to in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear of the goods caused by its normal use, by the buyer or if it results from the nature of the goods.
7.4. If the goods are not in conformity with the purchase contract upon receipt of the buyer (exhibits defects), the buyer has the right to have the seller free of charge and without undue delay put the goods into the state corresponding to the purchase contract, according to buyer's request either its repair; if such a procedure is not possible, the buyer may request a reasonable discount on the price of the goods or withdraw from the contract.
7.4. If the goods are not perishable or used, the seller is liable for defects that appear as a contradiction with the purchase contract after receipt of goods within the warranty period of 2 years.
7.5. Rights from defective performance are exercised by the Buyer at the Seller's address: Cookbombastic.com - ALVARAK GROUP a.s., Kanadská 775,391 11 Planá nad Lužnicí, Czech Republic. The moment when the seller has received the goods from the buyer is considered the moment of claiming.
8. 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 within the meaning of § 1826 para. e) of the Civil Code.
8.3. The Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No .: 00020869, internet address www.coi.cz, is competent for the out-of-court settlement of consumer disputes arising from the purchase contract.
8.4. The seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the appropriate trade licensing office. Supervision of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
9. PROTECTION OF PERSONAL DATA AND SENDING OF COMMERCIAL INFORMATION
9.1. The protection of the personal data of the Buyer who is a natural person is provided by Act No. 110/2019 Coll., On the processing of personal data.
9.2. The Buyer agrees to the processing of the following personal data: name and surname, home address, identification number, tax identification number, e-mail address, telephone number and (collectively referred to as "personal data").
9.3. The Buyer agrees to the processing of personal data by the Seller for the purpose of realizing the rights and obligations of the purchase contract, for the purpose of maintaining a user account and for sending information and commercial communications to the Buyer.
9.4. The Buyer acknowledges that he / she is obliged to provide his / her personal data (at registration, in his / her user account, when ordering from the web interface of the shop) correctly and truthfully and that he / she is obliged to inform the Seller without undue delay.
9.5. The Seller may authorize a third party to process the Buyer's personal data as a processor. Except for persons transporting goods, personal data will not be transferred to third parties without the prior consent of the buyer.
9.6. Personal data will be processed indefinitely. Personal data will be processed electronically in an automated manner or in printed form in a non-automated manner.
9.7. The Buyer confirms that the personal information provided is accurate and that he / she has been advised that it is a voluntary disclosure of personal information.
9.8. Should the Buyer believe that the Seller or the processor is processing his personal data that is contrary to the protection of the Buyer's private and personal life or the law, especially if the personal data are inaccurate with respect to the purpose of their processing, can:
9.8.1. ask the seller or processor for an explanation,
9.8.2. require the seller or processor to remedy the situation. This may include blocking, correcting, supplementing or destroying personal data. If the Buyer's request under the preceding sentence is found justified, the Seller or the processor shall immediately remedy the defective condition. If the seller or the processor does not comply with the request, the buyer has the right to contact the Office for Personal Data Protection directly. This provision is without prejudice to the Buyer's right to contact the Office for Personal Data Protection directly with its complaint.
9.9. If the buyer asks for information about the processing of their personal data, the seller is obliged to provide this information. The Seller has the right to request reasonable compensation not exceeding the costs necessary for providing the information pursuant to the previous sentence.
10. SENDING BUSINESS MESSAGES AND STORING COOKIES
10.1. The Buyer agrees to receive information related to the Seller's goods, services or business to the Buyer's email address and further agrees to receive commercial communications from the Seller to the Buyer's email address. This consent may be withdrawn at any time.
10.2. The buyer agrees to the storing of cookies on his computer. If the purchase can be made on the website and the seller's obligations under the purchase contract can be fulfilled without storing so-called cookies on the buyer's computer, the buyer can withdraw the consent under the previous sentence at any time.
11. DELIVERY
11.1. Unless agreed otherwise, all correspondence related to the purchase contract must be delivered to the other party in writing, by e-mail, personally or by registered mail (according to the sender's choice). It is delivered to the buyer at the e-mail address specified in their user account.
12. FINAL PROVISIONS
12.1. If the relationship related to the use of the website or the legal relationship established by the purchase agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer's rights under generally binding legal regulations.
12.2. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
In Planá nad Lužnicí on 17.1.2024
Cookbombastic.com - Alvarak Group a.s. with its registered office at Kanadská 775, 391 11 Planá nad Lužnicí; Czech Republic id number: 25152700
registered in the Commercial Register kept by the Regional Court in České Budějovice, Section B, File 1499
For the sale of goods through an on-line shop located at www.cookbombastic.com
NOTICE
Use of photographs for private and commercial purposes only with the written permission of Cookbombastic - Alvarak Group a.s.
Copyright © 2023 by Cookbombastic - Alvarak Group a.s.
All rights reserved.
Withdrawal form (the form can be filled in and sent if the buyer wishes to withdraw from the contract) Recipient: Alvarak Group a.s., with its registered office at Kanadská 775, 391 11 Planá nad Lužnicí, Czech Republic. I notify you that I withdraw from the purchase contract in relation to the following goods:
1)____________________________________________________________________
2)____________________________________________________________________
3)____________________________________________________________________
4)____________________________________________________________________
5)____________________________________________________________________
Delivery date: ___________________
Buyer's name and surname: ____________________________________________________
Buyer Address:____________________________________________________________
Order Number: * ________________________
Invoice number / document number: * ________________________
I agree to refund to bank account no. ** _________________________________
Buyer's signature: _____________
Date: ________________
(*) This information is optional but may facilitate the administration of returns. (**) If the buyer does not provide a refund number, the money will be returned by postal order to the address specified at registration.
