TERMS & CONDITIONS
These General Business Terms and Conditions (hereinafter referred to as "Business Terms and Conditions") apply to the sale of goods in the online store available at the internet address www.elitefoods.cz ("e-shop"). The Business Terms and Conditions are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the “Civil Code”)
BRITISH FOOD S.R.O.
Tax ID: CZ 03316521
registered office: Přerušená 189/4, 160 00 Praha 6 - Sedlec
registered at Municipal Court of Prague, file number C230055
Contact details: Lee Broster (Managing Director)
Phone: +420 222 522 958
(hereinafter referred to as "Supplier”)
I. Conclusion of the Purchase Contract
1.1. The Supplier presents goods in the e-shop that the Customer can demand. The presentation of goods in the e-shop is not considered to be an offer to conclude a Purchase Contract. By sending an order for goods, the Customer gives the Supplier an offer to conclude the Purchase Contract. The Purchase Contract is concluded upon delivery of the Supplier's confirmation as to which goods can be delivered as specified in Article 2.4. Terms and Conditions.
II. Ordering goods and confirmation
2.1. Before sending the order, the Customer is allowed to check and change the data contained in the order.
2.2. By sending the order, the Customer is bound by his offer to conclude the Purchase Contract until its conclusion, or until cancellation of the order which is made in accordance with these Terms and Conditions.
2.3. By submitting the order, the Customer confirms that he has read these Terms and Conditions and agrees with them.
2.4. The Supplier confirms to the Customer the creation of the order by automatic e-mail. The Supplier will confirm by email what goods the Supplier currently has and can be delivered to the Customer. When the goods confirmation e-mail is delivered by the Supplier, it is the acceptance by the Supplier of the offer of the Customer to conclude the Purchase Contract.
2.5. The Supplier does not guarantee the availability of goods presented in the e-shop.
2.6 The Supplier reserves the right to refuse the order of the Customer in whole or in part and not to deliver the goods, even in case of incorrectly stated price of goods presented in the e-shop or in case of sudden significant change in the purchase price of the goods. The Customer will be informed of the rejection of part or all of the order by e-mail or telephone and may be offered replacement goods.
2.7. Furthermore, the Supplier is entitled to set maximum order limits for individual goods, or not to deliver excessive quantities of goods ordered, or to limit the ordered quantity on the basis of its own consideration. The Customer will be informed about the rejection of part or the whole order by e-mail or phone.
2.8. The Customer is entitled to cancel his order at any time until the Supplier confirms which goods the Supplier can deliver.
III. Price and payment terms
3.1. Prices of goods listed in the e-shop are without VAT. When purchasing, the prices of the goods valid at the time of sending the order by the Customer are applied.
3.2. The price of transport is not included in the price of the goods. The price of transport shall be charged as follows:
(a) Transport within Prague: If the price of goods ordered is less than CZK 1,000 excluding VAT, the Customer undertakes to pay to the Supplier, together with the price of the goods, the price of transport in the amount of CZK 150 without VAT. If the price of goods ordered exceeds CZK 1,000 excluding VAT, the price of transport is free.
(b) Transport to other regions in Czech Republic: If the price of goods ordered is less than CZK 5,000 excluding VAT, the Customer undertakes to pay to the Supplier, together with the price of the goods, the price of transport in the amount of CZK 250 without VAT. If the price of the goods ordered exceeds CZK 5,000 excluding VAT, the price of transport is free.
(c) Transport outside Czech Republic: The price of transport will be advised prior to transport of the goods.
3.3. The Customer undertakes to pay the price of the goods and the transport price in cash to the carrier upon acceptance of the goods, unless another method of payment concerning the order of goods from the e-shop has been agreed in advance between the parties.
3.4. The Supplier reserves the right to change the current prices of the goods listed on the website without notice.
3.5. The Customer agrees that the tax documents will be issued and delivered to him in electronic form within the meaning of Section 26 (3) of Act No. 235/2004 Coll., on Value Added Tax.
IV. Delivery and takeover of goods
4.1. The Supplier usually delivers the goods on the day chosen by the Customer in the e-shop, unless stated otherwise in the goods. Should the delivery time be significantly extended, the Supplier will contact the Customer to agree further action.
4.2. The place of delivery is the place which the buyer stated in the order. In case the Supplier transports the goods to the Customer using the Supplier's own transport, the risk of damage to the goods passes to the Customer by handing over the goods to the Customer. If the goods are delivered by a carrier other than the Supplier, the risk of damage to the goods passes to the Customer at the moment of handing over the goods to the first carrier.
4.3. The title to the goods is transferred to the Customer at the moment of full payment of the purchase price. The risk of the Customer's goods passes through the takeover of the goods.
4.4. The Supplier reserves the right to claim and enforce compensation for the damages incurred in connection with failed delivery, if such fail is caused by the Customer. In the event of a re-delivery, the Supplier is entitled to charge a price for transport to the Customer.
V. Withdrawal from the Contract
5.1. The Parties agree that the Customer is entitled to withdraw from the the Purchase Agreement concluded on the basis of these Business Terms and Conditions only if the Supplier fails to deliver the ordered goods within 3 working days after the delivery period.
VI. Liability for defects in goods and claims
6.1. By signing the delivery note, the Customer confirms that he has checked the goods and the goods are mechanically undamaged.
6.2. The Customer is obliged to inspect the goods at the acceptance for any visible defects. If defects are found, the Customer is obliged to notify the Supplier immediately upon receipt, i.e.: mark the defects and describe them in the delivery note and return the goods to the driver of the Supplier, who confirms the return of the claimed goods and the existence of the defects by his signature. Obvious defects are: (i) defrosted or poor quality goods, (ii) missing quantities against the delivery note, (iii) delivery of goods other than goods ordered, or (v) damage to the goods during transport.
6.3. The Customer is obliged to claim other defects immediately after their discovery and during the warranty period of the goods.
6.4. The Customer shall notify the defects by sending a written report of the defects to the Supplier in writing within 3 days of the delivery of the goods. The report shall state the Customer's number, the type of the goods claimed, the reason for the claim, the date of delivery of the claimed goods and the delivery note number or invoice number.
6.5. Defects in perishable foodstuffs must be claimed by the Customer at the latest within 24 hours following the delivery of the goods, otherwise his right to claim defects of the goods shall expire.
6.6. If the delivered goods are marked with the period by which the goods must be used or the minimum durability period, the warranty period shall expire.
6.7. The Customer is obliged to properly store the claimed goods.
6.8. A representative of the Supplier will visit to the customer within 7 working days to settle the claim, unless the Customer and the Supplier agree otherwise. In the event that the Supplier's representative does not visit to the Customer at this time, the Customer shall notify the Supplier in writing within 3 days after the expiry of this period.
6.9. The complaint procedure will be drafted by the Supplier's representative with a record of how the complaint will be settled.
6.10. The Customer is responsible for damage to the goods caused by unsuitable storage or packaging. The Customer is obliged to hand over the goods for complaint clean, complete and in suitable packaging to prevent further damage to the goods.
6.11. The Supplier is not responsible for defects of goods:
(a) where the consumer has caused the defect himself by using the goods contrary to the instructions for its use or storage or by the generally known rules for its use or storage, or otherwise;
(b) if the purchaser knew of the defect of the goods before accepting the goods,
(c) where the customer's claim is contrary to the nature of the goods, in particular as regards the perishable matter;
(d) for which a reduction in the price of the goods has been granted;
(e) which arose during the warranty period as a result of the wear and tear of the goods by their normal use or their improper or excessive use or after the end of the life of the goods;
f) caused by an unauthorized person's interference with the goods or its components.
6.12. The Supplier shall settle the complaint within 30 days from the date of the claim being filed by the Customer and shall inform the Customer after consultation with the Customer of the manner of settling the claim pursuant to Article 6.13. of these Terms and Conditions.
6.13. If the defect of the goods constitutes a breach of the contract, the Supplier is entitled to settle the Customer's claim according to his choice in one of the following ways:
(a) removing the defect by delivering a new item without defect or supplying the missing item
(b) a reasonable discount on the price of the goods
(c) by withdrawing from the contract and returning the price of the goods to the Customer after the goods have been returned by the Customer.
VII. E-shop availability
7.1. The Supplier is not responsible for technical problems related to the availability and functionality of the e-shop website and for any damage incurred in connection with such problems.
7.2. The Supplier shall not be liable for errors arising as a result of third party interventions in the e-shop website or as a result of using the e-shop website contrary to its purpose.
7.3. The Supplier reserves the right to limit the availability of the e-shop website for the time necessary to perform repairs, maintenance or upgrade of the system, and to terminate the operation of the e-shop any time without giving any notice or reason.
VIII. Final Provisions
8.1. The Supplier is entitled to sell the goods on the basis of a trade license.
8.2. The Supplier is entitled to change the Terms and Conditions at any time. The new terms are effective on the day of their publication on the e-shop website. By sending an order, the Customer always agrees with the current version of the Terms and Conditions.
8.3. These Business Terms and Conditions and all purchase contracts concluded using an e-shop are governed by the laws of the Czech Republic. The District Court for Prague 1 or the Municipal Court in Prague, depending on the substantive jurisdiction for the dispute, is competent to resolve any disputes arising from such purchase agreements.
These Terms and Conditions come into effect on 24th June 2019.