TERMS AND CONDITIONS

I. Introductory provisions

• 1.1 These Terms and Conditions are an integral part of the Agreement. The Agreement and Terms and Conditions are written in English. The Agreement may be concluded in English. Wherever the rights and obligations under the Agreement are referred to, this means the rights and obligations under the Agreement, including these Terms and Conditions.
• 1.2 The display of goods on the web portal does not constitute an offer within the meaning of Section 1732(2) of the Civil Code.
• 1.3 The Buyer agrees to the use of remote means of communication when concluding the Contract. All costs incurred by the Buyer when using remote means of communication (costs of internet connection, costs of telephone calls, etc.) in connection with the conclusion of the Contract shall be borne by the Buyer.

II. Orders

• 2.1 The web portal provides information about the Goods and their properties, prices, and costs associated with the delivery of Goods within the defined territory of the Czech Republic. Goods are delivered only within the defined territory of the Czech Republic, which the Buyer can find on the web portal in the "delivery" section, where the delivery areas with different delivery zones are listed, within which the price for the delivery of Goods is determined. Prices are listed including value added tax. Prices remain valid for as long as they are displayed on the web portal.
• 2.2 Orders for Goods can be placed:

(a) via the web portal (hereinafter referred to as "Order via the web portal");
(b) by telephone at 777 002 555 (hereinafter referred to as "Telephone Order");
(c) by email at rezervace.holesovice@stejkarna.cz (hereinafter referred to as "Email Order");
(hereinafter collectively referred to as "Order" or "Orders").

• 2.3 Orders can be placed during operating hours as specified in the following sentence, but no later than 30 minutes before the selected delivery time and the end of operating hours. Business hours are from 11:00 a.m. to 10:00 p.m. on weekdays and from 12:00 p.m. to 10:00 p.m. on weekends. If delivery is provided, it is possible between 11:00 a.m. and 9:00 p.m. on weekdays and between 11:00 a.m. and 9:00 p.m. on weekends (hereinafter referred to as "Business Hours").
• 2.4 The Buyer declares that the information provided in the Order or otherwise provided to the Seller is true and correct. The Seller shall not be liable for any damage caused by the Buyer providing incorrect or false information. The Buyer is liable to the Seller for any damage caused by providing incorrect or false personal information.

Order via the web portal

• 2.5 The Buyer shall place an order for Goods via the web portal after registering or subsequently logging in to the web portal and filling in the necessary details. During registration, the Buyer is asked to create a password to access their customer account on the web portal. The Buyer is obliged to keep this password secret and not to share it with other persons. The Buyer bears full responsibility for all actions performed from their account.
• 2.6 The Buyer creates an Order by selecting individual items of Goods and filling in the required information, and sends (places) the Order to the Seller by clicking on the "Order" button. The Buyer has the option to check and, if necessary, change the information provided in the Order, including information about the ordered Goods, until the Order is sent. The Seller shall confirm receipt of the Order to the Buyer by email to the Buyer's email address provided in the Order (hereinafter referred to as the "Buyer's Email Address").
• 2.7 The Buyer is obliged to inform the Seller without undue delay if they suspect any misuse or disclosure of their password to a third party. In the event of justified concern that the Buyer's customer account is being or may be misused, the Seller is entitled to block the Buyer's account or request that the Buyer change their password. The Seller is not liable to the Buyer for any damage incurred as a result of the disclosure or misuse of their access password.

Order by phone

• 2.8 Based on the Buyer's Telephone Order placed on the above-mentioned telephone number, the Seller shall enter the Order into the restaurant system and confirm the acceptance of the Order to the Buyer. The Buyer agrees that telephone calls made as part of a Telephone Order may be recorded in the interest of improving the quality of services provided, solely for the purpose of protecting the rights of the parties to the customer relationship.

Email order

• 2.9 Based on the Buyer's Email Order sent to the above-mentioned email address, the Seller will place the Order on the web portal and confirm the acceptance of the Order to the Buyer by email to the Buyer's email address. The Buyer's email order must contain at least the first and last name or business name and identification number of the Buyer, the quantity and type of Goods to be delivered, the address and time of delivery, and the Buyer's telephone number. If the email order does not contain any of the information specified in this paragraph 2.9 of the Terms and Conditions, the Seller is not obliged to enter the Order into the web portal and accept the Buyer's Order.

III. Conclusion of the contract

• 3.1 The contract is concluded upon delivery of the Order acceptance (acceptance), which is sent by the Seller to the Buyer by email to the Buyer's email address; this also applies to Telephone Orders and Email Orders.
• 3.2 The Buyer acknowledges that the Seller is not obliged to conclude the Contract, i.e. to accept the Order, in particular, but not exclusively, with persons who have previously materially breached the Contract and/or these Terms and Conditions, or in the event of production or delivery capacity being reached.

IV. Payment Terms

• 4.1 When placing an Order, the Buyer may choose from the following methods of payment for the purchase price of the Goods and other costs: payment card upon delivery
• 4.2 The Seller is entitled to demand payment of the full purchase price and other costs before dispatching the Goods to the Buyer. The provisions of Section 2119(1) of the Civil Code shall not apply.
• 4.3 In the event that the Goods are ordered by a Buyer who has previously failed to accept delivered Goods without reason, the Seller reserves the right to require the Buyer to pay the purchase price of the ordered Goods in advance.
• 4.4 After payment of the purchase price and other costs, the Seller shall issue a tax document to the Buyer for the payments made. In the case of payment at the time of personal collection or payment to the delivery person, the Seller shall hand over the tax document to the Buyer upon collection of the Goods.

V. Delivery of goods

• 5.1 The Seller undertakes to deliver the ordered Goods within the Operating Hours to the address specified in the Order, or to the address of the Seller's premises in the case of personal collection, and within the time limit specified in the Order, which cannot be earlier than 30 minutes after the Order is placed. In the event of circumstances that directly affect the delay in delivery (traffic complications, accidents, adverse weather conditions, etc.), the delivery of the Goods may be delayed. In this case, the Buyer will be informed of the delivery time by telephone. The Seller is not responsible for delays or non-delivery not caused by the Seller, and therefore this is not a reason for a justified complaint.
• 5.2 If the Seller is obliged under the Contract to deliver the Goods to a place specified by the Buyer, the Buyer is obliged to accept the Goods upon delivery. In the event of non-acceptance of the Goods or return of the Goods by the Buyer without a relevant reason, the Seller shall be entitled to payment of the purchase price of the Goods and the costs of delivery of the Goods.
• 5.3 The Seller shall deliver the Goods to the Buyer to the first door of the address specified in the Order. The first door means the entrance door to an apartment building, office building reception, family house, etc. The Seller is not obliged to deliver the Goods to the Buyer's apartment door unless the Buyer has personally requested this for serious reasons (e.g., immobility) and their request for such delivery has been confirmed by the Seller.

VI. Order changes

• 6.1 The Order is binding for the Buyer from the moment it is sent to the Seller via the web portal and/or by placing a Telephone Order or Email Order. After sending the Order, the Buyer may change the delivery time, delivery address, or quantity and type of Goods to be delivered (but not in such a way as to cancel the Order, i.e., to change the quantity of Goods ordered to zero), always no later than 30 minutes before the requested delivery.
• 6.2 The Seller reserves the right to cancel a confirmed Order or part thereof in the event of serious circumstances preventing the production or delivery of the ordered Goods to the Buyer (e.g., exhausted delivery service capacity or other circumstances). If this situation arises, the Seller will contact the Buyer at the telephone number provided by the Buyer in order to agree on a change in the delivery date of the Order. If the Buyer does not agree to the postponement of the delivery of the Order and has already paid part or all of the purchase price, the relevant amount will be transferred back to their account within thirty (30) calendar days of the cancellation of the Order or part thereof by the Seller. When changing the Order, the Buyer is obliged to state the Order number and the date of the Order for the Goods.

VII. Withdrawal from the contract and complaints about goods

• 7.1 In accordance with the Civil Code, the Buyer does not have the right to withdraw from the Contract without giving a reason, and the Seller does not provide a warranty period for the Goods.
• 7.2 When selling Goods to the Buyer, the Seller is responsible for ensuring that the Goods are of the required quality, quantity, size, and weight. The Goods must be free of defects and must comply with generally applicable standards.
• 7.3 The Buyer is obliged to inspect the delivered Goods immediately and report any defects found to the Seller immediately, either on the confirmation of delivery of the Goods or verbally in the case of personal collection of the Goods by the Buyer. If, upon delivery to the Buyer, the Goods show defects that render them unusable for their intended purpose (for obvious reasons, e.g., if the Goods are clearly unfit for consumption), the Buyer shall immediately return the Goods to the person who delivered them on behalf of the Seller. The Buyer agrees that, given the nature of the Goods, later complaints may not be taken into account if the Buyer did not complain about obvious defects in the Goods upon delivery.
• 7.4 If the Goods are not in conformity with the Contract upon receipt by the Buyer, this constitutes defective performance within the meaning of Section 2099 et seq. of the Civil Code, and the Buyer is entitled to proceed in accordance with Sections 2106 and 2107 of the Civil Code.
• 7.5 In the event of a complaint, the Buyer is obliged to prove the reasons for the complaint.
• 7.6 Upon request, the Seller shall issue the Buyer with written confirmation of its obligations arising from defective performance to the extent specified by the Civil Code.
• 7.7 The Buyer is entitled to submit complaints by email to rezervace@masoakour.cz and/or in person at the Seller's premises at Žufanova 28, 163 00 Prague. Complaints will be decided without undue delay, in more complex cases within three (3) working days. This period does not include the time reasonably required for expert assessment of the defect, depending on the type of product or service.
• 7.8 The Seller shall issue the Buyer with written confirmation of when the Buyer exercised their right, the content of the complaint and the method of handling the complaint requested by the consumer, as well as confirmation of the date and method of handling the complaint, or a written justification for rejecting the complaint.

VIII. Other

• 8.1 The Seller shall not be liable for any damage or other consequences incurred by the Buyer on the basis of or in connection with the Buyer's actions or circumstances on the Buyer's part.
• 8.2 The Buyer agrees that the Seller shall not be liable for the smooth, uninterrupted, error-free, and secure operation of the web portal. The Seller shall not be liable for errors arising as a result of third-party interference with the web portal or as a result of its use contrary to its intended purpose.
• 8.3 The availability of Goods is subject to the Seller's stock levels and production capacity, and the Seller does not guarantee the availability of Goods. If, for any reason on the part of the Seller, it is not possible to confirm the Order, the Buyer will be informed of this via the Buyer's email address.

IX. Protection of intellectual property rights, misuse of the service, availability of the service, other rights and obligations of the seller and buyer

• 9.1 The Buyer acknowledges that the software and other components forming the web portal (including photographs of advertised services and/or Goods) are protected by copyright. The Buyer undertakes to use the web portal exclusively for their own needs and not to perform any activity that could enable them or third parties to interfere with or use (e.g., store, modify, distribute) the software or other components forming the web portal without authorization.
• 9.2 Access to and use of the web portal by the Buyer in accordance with the Terms and Conditions is free of charge.
• 9.3 When using the web portal, the buyer is not entitled to use mechanisms, software, or other procedures that could have a negative impact on the operation of the web portal. The web portal may only be used to the extent that it does not infringe on the rights of other users of the web portal and that it is in accordance with its intended purpose.
• 9.4 The Buyer uses the web portal at their own risk and agrees that the photographs on the web portal are for illustrative purposes only.
• 9.5 The Seller shall not be liable for any damage incurred in connection with the use of services, the use of information, or the downloading of data published on the web portal, i.e., for errors, omissions, interruptions, malfunctions, delays, computer viruses, loss of profits or loss of data of the Buyer or other third parties using the web portal, unauthorized access to the transmissions and data of these persons, changes to such data, as well as other material and immaterial losses.
• 9.6 All information published on the web portal is provided to the best of the Seller's knowledge and belief, and the Seller is not responsible for its completeness or technical accuracy. The Seller also disclaims any warranty that the material on the web portal is free from defects.
• 9.7 The Seller reserves the right to restrict or terminate the Buyer's or any other third party's access to the web portal at any time.

X. Protection of personal data and sending commercial communications

• 10.1 The protection of personal data of the Buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended. The Buyer agrees to the processing of the following personal data: title, first and last name, residential address, identification number, registered office, tax identification number, email address, telephone number (hereinafter collectively referred to as "Personal Data").
• 10.2 The Buyer agrees to the processing of Personal Data by the Seller for the purposes of exercising the rights and obligations under the Contract and for the purposes of sending information and commercial communications to the Buyer.
• 10.3 The Seller may entrust the processing of the Buyer's Personal Data to a third party as a processor. Except for transport companies, direct suppliers, and persons within the Stejkárna group, Personal Data will not be transferred by the Seller to third parties without the prior consent of the Buyer.
• 10.4 Personal data will be processed for the period necessary for the purpose of their processing, but for no longer than ten (10) years, unless the Buyer revokes their consent to the processing of Personal Data earlier. This does not affect the obligation of the Seller and the processor to process the Buyer's Personal Data for the period specified by or in accordance with the relevant legal regulations. Personal Data will be processed in electronic form by automated means or in printed form by non-automated means.
• 10.5 The Buyer confirms that the Personal Data provided is accurate and that they have been informed that the provision of Personal Data is voluntary. The Buyer declares that they have been informed that they may revoke their consent to the processing of Personal Data in relation to the Seller by written notice delivered to the Seller's address.
• 10.6 If the Buyer believes that the Seller or processor is processing their Personal Data in violation of the protection of the Buyer's private and personal life or in violation of legal regulations, they may ask the Seller for an explanation and request that the Seller remedy the situation. If the Buyer's request under this Section 10.6 of the Terms and Conditions is found to be justified, the Seller or processor shall immediately remedy the situation. If the Seller or processor does not comply with the request, the Buyer may contact the Office for Personal Data Protection; the Buyer's right to contact the Office for Personal Data Protection directly is not affected.
• 10.7 The Buyer has the right to request the Seller or processor to provide information about the processing of Personal Data, which will be provided without undue delay. The information will always include (i) the purpose of the processing of Personal Data, (ii) the Personal Data or categories of Personal Data that are being processed, including all available information about their source, (iii) the nature of automated processing in connection with its use for decision-making, if actions or decisions are made on the basis of this processing, the content of which interferes with the rights and legitimate interests of the Buyer, and (iv) the recipients or categories of recipients. The Seller has the right to request reasonable compensation for the information provided under this Section 10.7 of the Terms and Conditions, not exceeding the costs necessary to provide the information.
• 10.8 The Buyer agrees to receive information related to the Seller's Goods or services and/or the Stejkárna concept Stejkárna the Buyer's email address and further agrees to receive commercial communications from the Seller at the Buyer's email address.

XI. Final provisions

• 11.1 These Terms and Conditions supersede all other oral and written statements and agreements between the Seller and the Buyer regarding the Contract, with the exception of the Contract itself, the provisions of which take precedence over these Terms and Conditions.
• 11.2 The Seller may amend or supplement the wording of the Terms and Conditions, with the current wording of the Terms and Conditions always being available on the web portal. This provision shall not affect the rights and obligations arising during the period of validity of the previous wording of the Terms and Conditions.
• 11.3 The contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
• 11.4 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. The Buyer may address their complaints directly to the Seller or to the relevant supervisory or state supervisory authority.
• 11.5 Supervision of compliance with the obligations under Act No. 634/1992 Coll., on Consumer Protection, as amended (hereinafter referred to as the "Consumer Protection Act"), is exercised by the Czech Trade Inspection Authority, to which relevant complaints for investigation may be submitted.
• 11.6 The entity responsible for out-of-court settlement of consumer disputes between the Seller and the Buyer within the meaning of Section 20d et seq. of the Consumer Protection Act is the Czech Trade Inspection Authority (http://www.coi.cz/), to which a proposal for out-of-court settlement of a consumer dispute may be submitted.
• 11.7 The legal relationship established by the Agreement shall be governed by the laws of the Czech Republic.
• 11.8 If any provision of the Terms and Conditions is or becomes invalid or ineffective, it shall be replaced by a provision whose meaning is as close as possible to that of the invalid provision. The invalidity or ineffectiveness of any provision shall not affect the validity and effectiveness of the other provisions.
• 11.9 These Terms and Conditions shall take effect on April 1, 2020.

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