General Terms and Conditions
Online store http://www.tea-vole.com
1. Basic provisions
These general terms and conditions (hereinafter referred to as „terms and conditions“) of the trading company TeaVole s.r.o., with its registered office at Polská 398/48a, 779 00 Olomouc, Czech Republic, identification number: 023 64 484, VAT number: CZ02364484, (hereinafter referred to as „Seller“) are issued in accordance with § 1751 paragraph 1 of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as „Civil Code“).
1.2. These terms and conditions govern the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as the „purchase contract“) concluded between the seller and another natural person (hereinafter referred to as the „buyer“) via the online store at http://www .tea-vole.com (hereinafter „only online store“).
1.3. The terms and conditions and the purchase contract are primarily drawn up in the Czech language, unless the contracting parties agree on a different language. The contractual relationship is governed by Czech law as amended.
1.4 These terms and conditions define the relationship and the rights and obligations arising from it only between the seller and the buyer – a natural person, a non-entrepreneur, who concludes the contract exclusively outside the scope of his business activity or independent performance of his profession.
1.5 The seller may change or supplement the wording of the terms and conditions based on § 1752 of Act No. 89/2012 Coll., Civil Code. The change in terms and conditions will be notified to the buyer via the seller’s website, specifically at http://www.tea-vole.com in the Terms and Conditions, indicating the effective date of the new terms and the possibility to preview the wording of the previous ones.
The other party has the right to reject changes, in the case of a long-term contract for repeated performance, and to terminate the obligation for this reason within a period of one month from the date of entry into force of the new conditions.
2. Ordering goods and concluding a purchase contract
2.1 The presentation of the goods listed in the online store http://www.tea-vole.com is not an offer to conclude a contract, it is only informative and the seller is not obliged to conclude a purchase contract regarding these goods.
2.2 The prices of goods are listed including value added tax, if the seller is the payer of such tax (VAT), excluding postage and packaging. The price indicated for the product is the final price for the product. The price of the goods is valid for the time it is displayed in the online store http://www.tea-vole.com.
2.3 The online store http://www.tea-vole.com also contains information on the costs associated with the packaging and delivery of goods within the scope of their delivery within the territory of the Czech Republic in a specific place.
2.4 The costs associated with packaging and delivery of goods in the territory of the Czech Republic are always listed before sending the order through the website of this online store. Costs are calculated according to public and private price lists of transport companies depending on the weight, payment method and delivery method selected in the order form.
2.5 Before sending the order to the seller, the buyer is allowed to change the order and edit the data he entered in the order and to check the correctness of the entered data.
2.6 The buyer’s costs incurred when using remote communication means in connection with the conclusion of the purchase contract (phone call costs, internet connection costs, etc.) on the buyer’s side are paid by the buyer himself.
2.7 The buyer orders goods in the following ways:
• a) the buyer „puts“ the ordered goods into the shopping cart of the online store by pressing the „Add to cart“ button, through his user account, if he registered in the online store in the previous step http://www.tea- dude.com
• b) the buyer „puts“ the ordered goods into the shopping cart of the online store by pressing the „Add to cart“ button, without the need for a customer account and registration.
2.8 The buyer sends the order to the seller by clicking on the „order“ button. All data given in the order are required by the seller to be correct. The buyer thus confirms that he has filled in all the mandatory data correctly, to the best of his knowledge and conscience when creating the order, and by clicking the button „Order“ he agrees to these terms and conditions.
2.9 All orders sent by the buyer to the seller are considered binding by the seller.
2.10 Immediately after sending the order to the seller, the seller will issue a confirmation of order delivery to the buyer via e-mail to the contact specified by the buyer in the order, or in the user account of the online store http://www.tea-vole.com, where the buyer registered. This confirmation is not considered to be the conclusion of a purchase contract.
2.11 Upon delivery of the order from the buyer, the seller has the right to contact the buyer in order to complete the missing data, and possibly change and modify the data in the order.
2.12 If the nature of the order requires it, the seller is entitled to contact the buyer and request his cooperation to conclude the purchase contract.
2.13 The conclusion of the purchase contract between the seller and the buyer is only created when the order is confirmed by the seller. The seller issues the order confirmation to the buyer and sends it to the e-mail address provided by the buyer in the order.
2.14 In the event of a technical failure on the part of the seller, an obviously incorrect display of product prices or a combination of discounts causing the minimum price of an online store order, the seller is not obliged to deliver the goods or service to the buyer at the specified price. Even if the order is confirmed or paid for by non-cash payment (payment card, bank transfer or other payment method).
2.15 These terms and conditions apply only to the purchase of goods via the online store http://www.tea-vole.com
3. Price
3.1 The price for the goods and any costs associated with transport, product modification (if the seller provides it directly in the online store) can be paid by the buyer in the following ways:
• in cash or by payment card on delivery, at the place of collection of the shipment
• by non-cash transfer to the seller’s bank account No. 5588886/5500, held at Raiffeisenbank Česko.
3.2 The buyer is obliged to pay the seller the purchase price of the goods, but also the costs associated with the packaging and delivery of the goods. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
3.3 In the case of payment on delivery or in cash, the price of the goods is payable upon receipt or on the day of delivery of the goods. In the case of non-cash payment, the purchase price is due within days of concluding the purchase contract.
3.4 In the case of non-cash payment, the buyer is obliged to pay the purchase price together with the specified variable symbol to the seller’s bank account. The buyer’s obligation is fulfilled by crediting the appropriate amount of the purchase price to the seller’s account.
3.5 According to the provisions of §1820 paragraph 1 letter b) of the Civil Code, the seller does not require a deposit or other similar payment from the buyer. Payment of the purchase price of the goods before they are sent cannot be considered as a deposit.
3.6 Possible price advantages and discounts from the purchase price of goods cannot be combined with each other, unless the seller decides otherwise. The buyer is always informed about possible combinations of discounts, benefits, etc. and the final price of the goods before sending the order.
3.7. The tax document is drawn up by the seller only after the purchase price of the goods has been paid by the buyer and is delivered by the seller to the buyer at the e-mail address provided by the buyer in the order and/or physically handed over when picking up the goods in person at the seller’s premises and/or sent to the buyer at the same time as the goods.
4. Delivery of goods
4.1 The costs for the delivery of the goods are always stated in the order and the subsequent confirmation issued by the seller according to the specified method and type of delivery.
4.2 The buyer is obliged to take over the goods at the place indicated in the order, if he does not do so, he runs the risk of non-delivery of the goods and their return to the seller. In the event of subsequent repeated delivery requested by the seller, the buyer takes note of repeated transport costs in the amount of its original price.
4.3 When receiving the goods from the carrier, the buyer is obliged to thoroughly check the shipment for damage to the packaging or the goods themselves. If the buyer does not agree to take over the goods, he is obliged to notify the carrier of this fact without delay. In the case of detection of defects on the packaging or directly on the goods, the buyer is not obliged to accept the shipment from the carrier.
4.4 By paying for the goods and taking over the goods from the carrier, the buyer acquires the right of ownership and all related obligations. Upon acceptance of the goods by the buyer, the risk of damage to the goods passes to the buyer.
4.5 The goods are delivered to the buyer:
• Through the company(s): Czech Post, Zásilkovna
• To the address specified by the buyer in the order
4.6 There is no charge for personal collection.
4.7 The goods are usually handed over to the carrier within 2 working days.
5. Customer Account
5.1 A buyer who registers in the online store http://www.tea-vole.com can gain access to a user account from which he can create orders for goods. If the functionality of the store allows ordering goods without registration, the buyer can also order goods without registration.
5.2 When registering for a user account and when ordering goods, the buyer is obliged to provide correct and truthful information. In case of data changes, the buyer is obliged to update these data in the user account, or report this change to the seller immediately. The data filled in by the buyer are considered to be the only and correct.
5.3 Access to the user account is protected by a username and password. The buyer is obliged to maintain confidentiality and the buyer must not provide this data to a third party, if he does so, then only at his own risk. The operator of the http://www.tea-vole.com website stores access data to the Buyer’s account in an encrypted form.
5.4 The seller is not responsible for any misuse of the user account by a third party.
5.5 The seller reserves the right to cancel the buyer’s user account, especially if the buyer does not actively use it for a demonstrably longer period than 12 months. In the event that the buyer violates the obligations of the purchase contract and these general terms and conditions or other business agreements with the operator of the website http://www.tea-vole.com.
5.6 The operator of the http://www.tea-vole.com website is not obliged to ensure the continuous operation of user accounts, especially for planned shutdowns, updates or malfunctions.
6. Withdrawal from the purchase contract
6.1 According to the provisions of § 1837 of the Civil Code, the buyer cannot withdraw from the purchase contract in the following cases:
• provision of services, if they were fulfilled with his prior express consent before the expiration of the period for withdrawal from the contract and the entrepreneur informed the consumer before concluding the contract that in such case he does not have the right to withdraw from the contract,
• the supply of goods or services, the price of which depends on fluctuations in the financial market, independent of the entrepreneur’s will, and which may occur during the period for withdrawing from the contract,
• delivery of alcoholic beverages, which can only be delivered after thirty days and the price of which depends on fluctuations in the financial market independent of the entrepreneur’s will,
• the delivery of goods that have been modified according to the wishes of the consumer or for his person,
• delivery of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery,
• repair or maintenance carried out at the place designated by the consumer at his request; however, this does not apply in the event of subsequent repairs other than requested or delivery of spare parts other than requested,
• delivery of goods in closed packaging, which the consumer has removed from the packaging and for reasons of hygiene it is not possible to return it,
• the delivery of an audio or video recording or a computer program, if it has violated their original packaging,
• delivery of newspapers, periodicals or magazines,
• accommodation, transport, catering or use of free time, if the entrepreneur provides these services within the specified period,
• concluded on the basis of a public auction in accordance with the law regulating public auctions, or
• delivery of digital content, if it was not delivered on a tangible medium and was delivered with the prior express consent of the consumer before the expiry of the withdrawal period and the entrepreneur informed the consumer before concluding the contract that in such case he does not have the right to withdraw from the contract.
6.2 If the cases listed in paragraph 6.1 of these general conditions for withdrawal from the purchase contract do not apply, the buyer is entitled to withdraw from the purchase contract within 14 days of taking over the goods, according to § 1829, paragraph 1 of the Civil Code.
6.3 If the order is divided, or contains several parts (or goods) that are delivered at intervals, the period for withdrawing from the purchase contract starts from the delivery of the last part (goods).
6.4 Withdrawal from the purchase contract must be sent to the seller within this period (no later than 14 days after taking over the last part or goods of the order).
6.5 In the event of withdrawal from the purchase contract pursuant to § 1829 paragraph 1 of the Civil Code, the seller shall return the received funds to the buyer within 14 days of receiving the goods. The seller is not obliged to return the received funds to the buyer before the goods are delivered back to the seller, or otherwise as agreed with the buyer.
6.6 The buyer returns goods to the seller that must not be damaged, must not show signs of excessive use, and must not be soiled or otherwise degraded. If possible, the buyer will also return the goods in the original packaging.
6.7 If the seller offers several options for the delivery of the goods, when the buyer withdraws from the contract and returns the goods to the seller, the amount of postage is always returned to the buyer according to the cheapest method of delivery according to the given variant. This amount is then returned by the seller to the buyer, against the buyer’s right to a refund of the purchase price.
6.8 The funds will be returned to the buyer in the same way as the seller received them, unless otherwise agreed with the buyer.
6.9 If the order includes a gift from the seller, the buyer is not obliged to return this gift to the seller by withdrawing from the purchase contract.
6.10 Withdrawal from the purchase contract must be sent to the seller to the delivery address specified in these terms and conditions or to the e-mail address: sales@chillma.cz. The seller will immediately confirm acceptance of the withdrawal from the purchase contract to the buyer.
6.11 To withdraw from the purchase contract, it is possible to use the form provided by the seller and listed at the end of these general terms and conditions. The form for withdrawal from the contract is sent to the buyer at the same time as the order confirmation and is also available for download separately at http://www.tea-vole.com.
6.12 The seller is entitled to withdraw from the purchase contract until the moment of acceptance of the goods by the buyer. It can do so in several cases, such as stock out, interruption of supply of goods from the manufacturer or supplier, or due to unavailability of goods and other cases caused by a third party.
6.13 In case of withdrawal from the purchase contract by the seller, the seller immediately informs the buyer via e-mail address, telephone or other communication channel. All funds received, including shipping costs from the buyer, will be returned by the seller in the same way, or in a different way specified by the buyer.
7. Rights from defective performance
7.1 Rights from defective performance are governed by the provisions of § 1914 to 1925, § 2099 to § 2117, then § 2161 to § 2174 of Act No. 89/2012 Coll., Civil Code, as amended, and also according to Act No. 634/1992 Coll., on consumer protection.
7.2 The seller guarantees to the buyer that the item has no defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the item,
• the item has the properties agreed upon by the parties, and in the absence of an agreement, such properties that the seller or manufacturer described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
• the item is suitable for the purpose that the seller states for its use or for which the item of this type is usually used,
• the quality or design of the thing corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
• is the thing in the corresponding quantity, measure or weight,
• the goods comply with the requirements of legal regulations.
7.3 If a defect becomes apparent within six months of receipt, it is considered that the item was already defective upon receipt.
7.4 If the nature of the goods or service allows, the buyer has the right to inspect or demonstrate the function of the product.
7.5 If the buyer did not report the defect without undue delay after he could have discovered it during a timely inspection and sufficient care, the court will not grant him the right from defective performance. If it is a hidden defect, the same applies if the defect was not reported without undue delay after the buyer could have discovered it with sufficient care, but no later than two years after handing over the item.
7.6 If there is a defect in the goods, for which the goods cannot be used in the usual way, the buyer can apply to the seller the right from defective performance („complaint“) and demand:
• removal of a defect by delivering a new item without a defect or by supplying a missing defect
• a reasonable discount from the purchase price,
• removing the defect by repairing the item
• withdrawal from the contract.
7.7 The buyer is entitled to withdraw from the purchase contract if the goods:
• shows a significant defect that makes it impossible to use it in the usual way,
• if the goods cannot be used due to recurring defects and defects/defects after repair,
• with a larger number of defects (3 or more defects).
7.8 The buyer informs the seller in writing what right he has chosen upon notification of the defect, or without undue delay after notification of the defect to the seller. The choice made cannot be changed by the buyer without the consent of the seller; this does not apply if the buyer requested the repair of a defect that turns out to be irreparable.
7.9 As long as the buyer does not exercise the right to a discount on the purchase price or withdraw from the contract, the seller can supply what is missing or remove the legal defect. Other defects can be removed by the seller at his option by repairing the item or delivering a new item; the choice must not cause unreasonable costs to the buyer.
7.10 The buyer cannot exercise the right from defective performance if he knew about the defect at the time of acceptance or caused it himself.
7.11 The seller is obliged to accept the complaint at the address of the establishment or at the seat and place of business, if the nature and type of the goods allows it.
7.12 The seller will notify the buyer in writing about the outcome of the complaint.
7.13 The buyer is entitled to exercise the right from a defect that occurs in the goods within twenty-four (24) months from the receipt of the goods. However, if it is a product with a stated expiration date, in that case the period is reduced to the expiration date indicated on the packaging.
7.14 If the buyer does not notify the defect in time, he loses the right to withdraw from the contract.
8. Out-of-court dispute resolution
8.1 Mutual disputes between the seller and the buyer are resolved by general courts.
8.2 According to Act No. 634/1992 Coll., on consumer protection, as amended, the buyer has the right to an out-of-court settlement of a consumer dispute arising from a purchase contract. The entity authorized to conduct out-of-court dispute resolution is the Czech Trade Inspection (abbreviated ČOI) at Štěpánská 567/15, 120 00, Prague 2 – Nové Město. How to proceed in case of out-of-court settlement of consumer disputes, including the possibility of a proposal, can be found on the website https://www.coi.cz/ and https://www.coi.cz/informace-o-adr/.
8.3 Assistance in the case of cross-border out-of-court settlement of consumer disputes is provided by the European Consumer Center Czech Republic (abbreviated ESC CR). The contact address of ESC CR is Štěpánská 567/15, 120 00 Prague 2 – Nové Město. Advice and information about individual markets, including a platform for the resolution of out-of-court consumer disputes, can be found on the websites https://evropskyspotrebitel.cz/andhttps://ec.europa.eu/consumers/odr/main/.
9. Final Provisions
9.1 The arrangements resulting from these terms and conditions and the purchase contract concluded between the buyer and the seller in accordance with them, in the case of the entry of a foreign entity, are subject to the laws of the Czech Republic. However, this does not affect the buyer’s rights according to Regulation (EC) No. 593/2008 of the European Parliament and the Council on the law applicable to contractual obligations (Rome I).
9.2 In the event of force majeure or any other failure of the online store, the seller is not responsible for the impossibility of executing the order.
9.3 In the purchase contract, it is possible to negotiate deviating provisions, which then take precedence over the provision of these terms and conditions.
9.4 The seller reserves the right to change or supplement these terms and conditions. However, this provision does not affect the right and obligations, according to the previous version of the general terms and conditions.
These terms and conditions take effect on 03.03.2021.
10. Claims procedure
10.1 This complaint procedure is an integral part of the general terms and conditions of the online store http://www.tea-vole.com, and defines the basic conditions and the method of complaint of product defects by the buyer.
This complaint procedure is based on the provisions of Act No. 89/2012 Coll., Civil Code, as amended, and Act No. 634/1992 Coll., on consumer protection. This complaint regulation defines the relationship between the seller and the buyer – a natural person, a non-entrepreneur, who concludes the contract exclusively outside the scope of his business activity or independent performance of his profession.
10.2 The buyer is obliged to familiarize himself with the general terms and conditions and the complaint procedure before ordering the goods, but the buyer will familiarize himself with them at the latest before sending the order in the online store http://www.tea-vole.com, when he agrees to understand them and by getting acquainted with them, the buyer confirms by checking the appropriate box when creating the order itself. Without checking this box, the buyer’s order cannot be shipped. The Seller/Operator of the http://www.tea-vole.com website records Buyers‘ orders, also records the ticking of the specified field.
10.3 The conclusion of the purchase contract and acceptance of the goods by the buyer is considered as consent to the complaints procedure and business conditions.
10.4 The buyer is obliged to prove the purchase of goods in the online store http://www.tea-vole.com especially with a tax document issued by the seller.
10.5 In order to speed up the complaint process, the buyer can describe the defects in the goods and choose the method of handling the complaint.
10.6 If the order is divided, or contains several parts (or goods) that are delivered at intervals, the period for withdrawing from the purchase contract starts from the delivery of the last part (goods). Withdrawal from the purchase contract must be sent to the seller within this period (no later than 14 days after taking over the last part or goods of the order).
10.7 The seller guarantees to the buyer that the item has no defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the item,
• the item has the properties agreed upon by the parties, and in the absence of an agreement, such properties that the seller or manufacturer described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
• the item is suitable for the purpose that the seller states for its use or for which the item of this type is usually used,
• the quality or design of the thing corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
• is the thing in the corresponding quantity, measure or weight,
• the goods comply with the requirements of legal regulations.
10.8 If a defect becomes apparent within six months of receipt, it is considered that the item was already defective upon receipt.
10.9 The seller is obliged to accept the complaint at the address of the establishment or at the seat and place of business, if the nature of the goods allows it. The address for receiving product complaints is: sales@chillma.cz.
10.10 The seller shall notify the buyer in writing of the acceptance of the goods for complaint and of the result of the complaint.
10.11 These complaints rules govern complaints about defects that occur in goods within twenty-four (24) months of receipt, or within the framework of a quality guarantee (for example, an extended guarantee).
10.12 This complaint procedure does not regulate goods with a specified expiration date in the sense of clause 10.15 of these terms and conditions.
10.13 If the seller does not remove the defect in time or refuses to remove the defect, the buyer may request a discount from the purchase price or withdraw from the purchase contract.
10.14 The buyer can file a claim and, at his option, request settlement according to points in paragraph 6.6 of the seller’s terms and conditions.
10.15 The buyer is entitled to exercise the right from a defect that occurs in the goods within twenty-four (24) months of receipt. However, if it is not a product with a specified expiration date, in that case the period is reduced to the expiration date indicated on the packaging.
10.16 If the buyer requests it, the seller will confirm to him in writing the extent and duration of his obligations in case of defective performance. The seller has obligations from defective performance at least to the extent that the manufacturer’s obligations from defective performance last.
10.17 If necessary, the seller shall explain in a comprehensible manner the content, scope, conditions and duration of his responsibility as well as the manner in which the rights arising from it can be exercised. At the same time, the seller states in the confirmation that the buyer’s other rights related to the purchase of the item are not affected.
Failure to fulfill these obligations does not affect the validity of the confirmation.
This complaint regulation takes effect on March 3, 2021
Delivery address for sending withdrawal: legal@tea-vole.com
EET
EET According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online, in the event of a technical failure, then within 48 hours at the latest.
