TERMS AND CONDITIONS
of the business company
FRENCH-REST, spol. s r.o.
Company ID No.: 256 53 491, Tax ID No.: CZ25653491
With its registered office at Na Pankráci 1684/15, 140 00 Prague 4
Entered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 58357
of the sale of goods through the online shop located on the Internet at www.francouzskarestaurace.cz
- INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions (hereinafter the “Terms and Conditions”) of the business company FRENCH-REST, spol. s r.o., with its registered office at Na Pankráci 1684/15, 140 00 Prague 4, ID No.: 25653491, entered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 58357 (hereinafter the “Seller”), govern the mutual rights and obligations of the Parties arising from or in connection with the Purchase Contract (hereinafter the “Purchase Contract”) entered into by and between the Seller and an individual (hereinafter the “Buyer”), through the online shop of the Seller, pursuant to Section 1751 (1) of Act 89/2012 Coll., the Civil Code (hereinafter the “Civil Code”) . The online shop is operated by the Seller on the website located on the Internet at www.francouzskarestaurace.cz (hereinafter the “Website”), through a website interface (hereinafter the “Shop Web Interface”).
1.2. The provisions derogating from the Terms and Conditions may be agreed in the Purchase Contract. Where otherwise stipulated in the Purchase Contract, such provisions shall take precedence over the provisions of the Terms and Conditions.
1.3. The provisions of these Terms and Conditions form an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are executed in the Czech language. The Purchase Contract may be executed in Czech and English.
1.4. The Seller shall be entitled to modify or amend these Terms and Conditions. This provision is without prejudice to the rights and obligations that may have arisen during the term of the previous version of these Terms and Conditions.
1.5. The Buyer agrees to the following Terms and Conditions, also including the rights arising from any defective performance, by checking the appropriate box when ordering goods on the Website. The Terms and Conditions can be downloaded in printable form here and are available for inspection in writing at the Seller’s establishment.
2.Statement on Protection of Personal Data
2.1. The personal data is secured by the operator in accordance with the up-to-date banking standards that ensure the maximum possible protection of processed data against unauthorised access or transfer before its loss or destruction, as well as against any possible misuse. All the client information is protected as bank secrecy and is subject to the confidentiality obligation of the operator.
2.2. Protection of Personal Data
The customer information shall be kept in accordance with the applicable laws of the Czech Republic, especially the Act 101/2000 Coll., on the protection of personal data, as amended.
By entering into a contract, the Buyer gives its consent to the collection and processing of its personal data in the database of the Seller upon the successful performance of the Contract, until the Buyer disagrees with that processing in writing. The Buyer shall have the right to access its personal data, the right to correct such data, as well as other rights to such data in accordance with the law. The personal data may be removed from the database based on the customer’s written request. The personal data of customers is fully protected against abuse. The personal data of customers shall not be disclosed by the supplier to any third parties. Exceptions are the carriers to whom the customers’ personal data is disclosed to the minimum extent that is necessary for the delivery of goods. After they have been concluded, individual contracts shall be archived by the operator in electronic form and shall only be accessible to the establishment operator.
3.1. A voucher (gift certificate) - a coupon for the purchase of goods/services provided by the Seller with a unique code, which entitles its holder to purchase the specified goods/services for the value of a voucher, during the term of its validity, and at the place named on that voucher. The terms and conditions of the use of vouchers are set in advance by the Seller on the Website at www.francouzskarestaurace.cz and on a voucher. By buying a voucher, the Buyer undertakes to comply with such terms and conditions. In the event of purchase of goods/services, the Seller provides the Buyer through a voucher with a discount compared to the usual price of goods/services to the extent corresponding to the price of that voucher. Each voucher shall only be used for the purchase of the specified goods/services of the Seller, cannot be exchanged for cash, its undrawn value is not refundable, it cannot be used for the payment of other goods/services of the Seller, including gratuities and packaging and transportation services, unless agreed otherwise for a particular voucher.
3.2. Seller’s establishment - French Restaurant Art Nouveau, Obecní dům, náměstí Republiky 5, Prague 1, 110 00
3.3. Goods and services provider - FRENCH-REST, spol. s r.o., with its registered office at Na Pankráci 1684/15, 140 00 Prague 4, Company ID No.: 25653491, entered in the Commercial Register kept by the Municipal Register in Prague, Section C, Insert 58357.
4.Conditions of Use of Voucher
4.1. The terms and conditions of the use of vouchers are given on the Website on the voucher received; by buying a voucher, the customer commits to complying with it. A voucher shall be deemed delivered when an email with a uniquely generated code is delivered to the customer.
4.2. Upon the expiration of a voucher, the customer shall not be entitled to be provided with the service and to be reimbursed for the money paid. Upon the expiration of a voucher, the Seller’s obligation expires and the offer cannot be fulfilled. The Seller shall not be held liable for any loss, theft, destruction of or damage to the voucher.
5.Payment for Goods
5.1. The purchase price of a voucher for goods/services is specified in the offer of that particular voucher. The price is always mentioned inclusive of VAT. Within its order, the Buyer shall select the method in which the payment will be made.
5.2. The payment shall be made:
- In cash at the Seller’s establishment (see Section 3.2).
- By payment card online; when ordering, the Buyer shall enter its payment details in the payment gateway that is displayed at the end of the payment process.
- When using this payment, the voucher shall be delivered within 24 hours to the email address of the Buyer, or will be handed over to the Czech Post for delivery.
- By wire transfer; in order to be able to complete the payment, the Buyer shall receive an invoice with payment details based on which the Buyer shall make the payment to the Seller’s bank account.
- If this payment method has been selected, the voucher shall be delivered to the Buyer within 5 days of receipt of payment at the Seller’s account. To quickly obtain the voucher, we recommend that the payment via payment card should be used.
5.3. In the event that the Buyer is not delivered with the respective Web link to download the voucher within the prescribed period, the Buyer shall contact the Seller using the telephone number +420 222 002 770, in order to ensure remedy.
5.4. The subject of the sale and purchase through www.francouzskarestaurace.cz is only a voucher for the supply of goods/services, not the actual goods/services. The Seller shall not be held liable for any damage resulting from the use of the goods/services purchased through a voucher. The provider of goods/services shall be fully liable for any defects of the goods and services resulting from the use of the goods/services purchased through a voucher.
5.5. The Seller shall not require the Buyer to make any advance payment or other equivalent payment. This is without prejudice to Article 5.2 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
5.6. In case of payment in cash, the purchase price is payable upon the receipt of goods. In case of non-cash payment, the purchase price is payable in advance within 3 days of entering into the Purchase Contract.
5.7. In case of non-cash payment, the Buyer shall be obliged to pay the purchase price of goods while giving the variable symbol of the payment. In case of non-cash payment, the obligation of the Buyer to pay the purchase price shall be deemed fulfilled on the date on which the Seller’s account is credited with the respective amount.
5.8. The Seller shall be entitled, especially if the Buyer does not provide an additional confirmation of the order, to demand payment of the full purchase price before sending the goods to the Buyer. Section 2119 (1) of the Civil Code shall not apply.
5.9. Any discounts on the price of goods granted by the Seller to the Buyer cannot be combined.
5.10. If it is usual practice in trade relations or if so stipulated by the generally binding legal regulations, the Seller shall issue to the Buyer a tax document - an invoice for the payment performed under the Purchase Contract. The Seller is a payer of value added tax. The tax document - invoice shall be issued by the Seller to the Buyer after the payment of the price of goods, while such invoice shall be sent electronically to the Buyer’s email address.
6.1. After creating (sending) an order, the Buyer shall receive an automatic response by email, informing of the successful receipt of an order, the method of further communication, and the precise specification of the goods ordered including prices. Each order shall only be confirmed upon the telephone or email confirmation of that order by an employee of the Seller.
6.2. The Shop Web Interface contains the information about goods, including the prices of individual goods. The prices of goods are inclusive of VAT and all related charges. The prices of goods remain in force as long as they are displayed in the Shop Web Interface. This provision shall be without prejudice to the right of the Seller to enter into the Purchase Contract under individually stipulated conditions.
6.3. The Shop Web Interface also contains information on the costs associated with the packaging and delivery of goods. The information on the costs associated with the packaging and delivery of goods listed in the Shop Web Interface applies only in cases where the goods are delivered within the territory of the Czech Republic.
6.4. The Buyer agrees to the use of distance communication means when concluding the Purchase Contract. The costs incurred by the Buyer when using distance communication means in connection with concluding the Purchase Contract (the costs of Internet access, telephone costs) shall be borne by the Buyer.
6.5. Any presentation of the goods given in the Shop Web Interface is informative and the Seller shall not be obliged to conclude the Purchase Contract regarding the goods. Section 1732 (2) of the Civil Code shall not apply.
6.6. Before sending the order to the Seller, the Buyer shall be allowed to check and modify the data entered in the order and even correct any error entered in the order.
6.7. If the Buyer mentions a special request as a note in its order, the Seller reserves the right to withdraw from a contract at any time until handing over the goods ordered.
7.Withdrawal from Purchase Contract
7.1. The Buyer acknowledges that pursuant to Section 1837 of the Civil Code, the Buyer may not, inter alia, withdraw from the Purchase Contract for the supply of goods that have been adjusted according to the wishes of the Buyer, from the Purchase Contract for the supply of goods subject to rapid deterioration or goods that was after delivery irrevocably mixed with other goods, and from the Purchase Contract for the supply of sealed goods which the consumer has removed from its packaging and which cannot be returned due to hygiene reasons.
7.2. If it is not the case referred to in Article 7.1 or any other case where one may not withdraw from the Purchase Contract, the Buyer shall be entitled in accordance with Section 1829 (1) of the Civil Code to withdraw from the Purchase Contract, within fourteen (14) days of receipt of goods; provided that the supply of several kinds or parts of goods is the subject of the Purchase Contract, this period shall commence on the date of receipt of the last delivery. The notice of withdrawal from the Purchase Contract shall be sent to the Seller within the time limit given in the previous sentence. The Buyer may send the notice of withdrawal from the Purchase Contract also to the address of the Seller’s establishment or to the email address of the Seller: firstname.lastname@example.org. Template of the notice of withdrawal from the Purchase Contract - HERE.
7.3. In case of withdrawal from the Purchase Contract pursuant to Article 7.2 of the Terms and Conditions, the Purchase Contract shall be become null and void. The goods shall be returned to the Seller within fourteen (14) days of the Seller’s receipt of the notice of withdrawal from the Contract. Should the Buyer withdraw from the Purchase Contract, the Buyer shall bear the costs of returning the goods to the Seller, even in the case where the goods cannot be returned due to their nature through the usual postal route.
7.4. In case of withdrawal from the Purchase Contract pursuant to Article 7.2 of the Terms and Conditions, the Seller shall return the money received from the Buyer within fourteen (14) days of the withdrawal from the Purchase Contract, in the same manner in which the Seller received it from the Buyer. The Seller shall also be entitled to return the payment made by the Buyer as early as the Buyer returns the goods to the Seller, or in any other manner if agreed by the Buyer and unless any additional costs are incurred by the Buyer as a result of this. Should the Buyer withdraw from the Purchase Contract, the Seller shall not be obliged to return the money to the Buyer before the Buyer returns the goods to the Seller or proves that the Buyer has sent the goods to the Seller.
7.5. The Seller shall be entitled set off unilaterally any claim for compensation for damage caused to the goods against the Buyer’s claim for the refund of the purchase price.
7.6. Until the receipt of goods by the Buyer, the Seller shall be entitled to withdraw from the Purchase Contract at any time. In that event, the Seller shall refund the purchase price to the Buyer without undue delay, by wire transfer to the account designated by the Buyer.
7.7. Should any gift be provided to the Buyer with the goods, the gift agreement between the Buyer and the Seller shall be concluded with a condition subsequent that if the Buyer withdraws from the Purchase Contract such gift agreement becomes ineffective and the Buyer shall be obliged to return to the Seller the goods with that gift.
8.Transport and Delivery of Goods
8.1. The ordered goods shall be delivered
8.1.1. In electronic form to the email address of the Buyer FREE OF CHARGE.
8.1.2. Through the services of Czech post to the Buyer’s address for a lump-sum fee of CZK 30.
8.2. In the event that the method of transport is stipulated based on a special request of the Buyer, the Buyer bears the risk and additional costs associated with this method of transport.
8.3. If the Seller is obliged to deliver the goods under the Purchase Contract to the place specified by the Buyer in its order, the Buyer shall be obliged to accept the goods on delivery.
8.4. In the event that due to the reasons on the Buyer’s part it is necessary to deliver the goods repeatedly or in any other way than stated in the order, the Buyer shall be obliged to pay the costs associated with the repeated delivery of goods or the costs associated with a different method of delivery.
8.5. When taking delivery of the goods from the carrier, the Buyer shall be obliged to check the integrity of the packaging of goods and in case of any defects immediately notify the carrier. Should the packaging show any damage to the packaging indicative of unauthorised intrusion into the consignment, the Buyer shall be entitled to reject to take delivery of the consignment from the carrier.
9.Rights from Defective Performance
9.1. The rights and obligations of the Parties arising from any defect shall be governed by the applicable generally binding legal regulations (in particular, the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code).
9.2. The Seller shall guarantee to the Buyer that the goods have no defect on delivery. In particular, the Seller shall guarantee to the Buyer that when the Buyer takes delivery of the goods:
9.2.1. The goods have the properties agreed between the Parties; in the absence of such agreement, the properties described by the Seller or the manufacturer or expected by the Buyer with regard to the nature of the goods and based on the Seller’s advertising;
9.2.2. The goods are fit for the purpose of use as specified by the Seller or for the purpose for which the goods are normally used;
9.2.3. The quality and workmanship of the goods correspond to the agreed sample or model should the quality or workmanship be determined in accordance with the agreed sample or model;
9.2.4. The goods have the appropriate quantity, measure or weight; and
9.2.5. The goods comply with the legal requirements.
9.3. The Buyer shall enforce its rights arising from any defect at the provider’s establishment allowing the receipt of that complaint with respect to the range of goods sold or at the place of business. Such complaint shall be deemed filed at the moment when the Seller received from the Buyer the goods complained of.
10.Other Rights and Obligations of Parties
10.1. The Buyer acquires ownership of the goods by paying the full purchase price.
10.2. The Seller is not in relation to the Buyer bound by any codes of conduct within the meaning of Section 1826 (1) (e) of the Civil Code.
10.3. The extrajudicial settlement of consumer’s complaints shall be ensured by the Seller through the email address: email@example.com. The Seller shall send the notice of the settlement of any Buyer’s complaint to the Buyer’s email address.
10.4. The Seller is entitled to sell the goods based on its trade licence. The competent Trade Authority carries out the respective inspection within its competences. The supervision of the protection of personal data shall be exercised by the Office for Personal Data Protection. The Czech Trade Inspectorate performs, inter alia, the supervision of compliance with Act 634/1992 Coll., on consumer protection, as amended, within the defined range.
10.5. The Buyer hereby assumes the risk of a change in circumstances pursuant to Section 1765 (2) of the Civil Code.
11.Sending Commercial Communications and Storing Cookies
11.1. The Buyer agrees to receive information related to the goods, services or business of the Seller and the Seller’s commercial communications at the Buyer’s email address.
11.2. The Buyer also agrees with saving cookies on its computer. In the event that the purchase on the Website can be performed and the Seller’s obligations arising from the Purchase Contract can be fulfilled without storing the cookies on the Buyer’s computer, the Buyer may revoke its consent under the previous sentence at any time.
12.1. If the relationship established by the Purchase Contract contains an international (foreign) element, then the Parties agree that their relationship shall be governed by the Czech law. This shall be without prejudice to the rights of the consumer resulting from the generally binding legal regulations.
12.2. Should any provision of the Terms and Conditions be or become invalid or ineffective, such invalid provision shall be replaced by a provision that comes as close as possible to the meaning of the invalid provision. The invalidity or unenforceability of one provision shall be without prejudice to the validity of other provisions.
12.3. The Purchase Contract including the Terms and Conditions shall be archived by the Seller in electronic form and shall not be publicly accessible.
12.4. A template form for withdrawal from the Purchase Contract is annexed to the Terms and Conditions.
12.5. The contact details of the Seller: correspondence address: FRENCH-REST, spol. s r.o., French Restaurant, nám. Republiky 5, Prague 1, 110 00; email address: firstname.lastname@example.org; telephone: +420 222 002 770.
In Prague on 1.8.2016
Form of Withdrawal from the Contract
FRENCH-REST spol. s r.o.
Na Pankráci 15/1684
140 00 Prague 4
Company ID No.: 25653491
Tax ID No.: CZ25653491
Correspondence address: French Restaurant Art Nouveau, náměstí Republiky 5, Prague 1, 110 00
I notify that I hereby withdraw from the Goods Purchase Contract, order number:
Date of ordering:
Date of receipt:
First name and surname of the consumer:
Address of the consumer:
The account number for refund:
Place and date
Signature of the consumer:
(if this form is sent in paper form)