of the company
RESTAURACE ŘÍZKÁRNA S.R.O.
with its registered office at U KLIKOVKY 2086/10, PRAGUE 5
identification number: 29136211
registered in the Commercial Register maintained by the Municipal Court in Prague, section C, insert 202846
regarding the sale of goods via on-line store located on the website www.babiccinrozvozjidel.cz
1. Introductory provisions
1.1.These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) of the company Restaurace Řízkárna s.r.o., with its registered office at U Klikovky 3086/10, Prague 5, identification number: 29136211, registered in the Commercial Register maintained by the Municipal Court in Prague (hereinafter referred to as the “Seller”) govern, in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”), mutual rights and obligations of the contracting parties arising in connection with or under a purchase agreement (hereinafter referred to as the “Purchase Agreement”) concluded between the Seller and a natural person (hereinafter referred to as the “Buyer”) via the online store of the Seller. The online store is operated by the Seller on the website located on the Internet address www.babiccinrozvozjidel.cz (hereinafter referred to as the “Website”) through a website interface (hereinafter referred to as the “Website Interface of the Store”)
1.2.The Terms and Conditions do not apply to the cases when an individual who intends to buy goods from the Seller is a legal person or a person who acts in the course of his or her business or within the scope of his or her independent profession when ordering goods.
1.3. Provisions different from the Terms and Conditions may be agreed on in the Purchase Agreement. Such provisions of the Purchase Agreement shall prevail over the provisions of the Terms and Conditions.
1.4.The provisions of the Terms and Conditions constitute an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are written in Czech language. The Purchase Agreement may be concluded in Czech language.
1.5.The Seller may modify or amend the wording of the Terms and Conditions. This provision shall be without prejudice to rights and obligations that arose during the effective period of the previous version of the Terms and Conditions.
2. User Account
2.1. Based on the registration of the Buyer made on the website, the Buyer may access his user interface. From such user interface, the Buyer may proceed to ordering goods (hereinafter referred to as the “User Account”). If the Website Interface allows it, the Buyer may also order goods directly from the Website Interface without registration.
2.2.In the process of registration 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 into the User Account upon any change. The data provided by the Buyer in the User Account and when ordering goods are considered to be correct by the Seller.
2.3.Access to the User Account is secured by a username and a password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his User Account.
2.4.The Buyer is not entitled to allow the use of the User Account to third parties.
2.5.The Seller may cancel the User Account, especially if the Buyer does not use the User Account for more than 12 months or if the Buyer breaches his obligations under the Purchase Agreement (including the Terms and Conditions).
2.6.The Buyer acknowledges that the User Account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller or the necessary maintenance of a third party hardware and software equipment.
3. Entering into the Purchase Agreement
3.1.All presentation of the goods placed in the Website Interface of the Store is of informative character and the Seller is not obliged to conclude a Purchase Agreement regarding these goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.
3.2.The Website Interface of the Store shall contain information on the goods, including the prices of the individual goods and the costs of returning of the goods, if such goods cannot be returned by the standard postal means due to their nature. The prices of goods include VAT and all related fees. The prices of goods remain valid as long as they are displayed in the Website Interface of the Store. This provision shall not limit the Seller to conclude the Purchase Agreement under individually negotiated conditions.
3.3.The Website Interface of the Store also contains information on the costs associated with packaging and delivery of goods. Information on the costs associated with the packaging and delivery of goods stated in the Website Interface of the Store applies only if the goods are delivered within the territory of the Czech Republic.
3.4. To order goods, the Buyer shall fill in an order form in the Website Interface of the Store. The order form contains information about:
3.4.1.ordered goods (the ordered goods are “inserted” by the Buyer into the electronic shopping cart of the Website Interface of the Store),
3.4.2.the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and
3.4.3.information on the costs associated with the delivery of the goods (collectively referred to as the “Order”).
3.5.Before sending the Order to the Seller, the Buyer has the chance to check and alter the information entered into the Order by the Buyer, also with regard to the ability of the Buyer to detect and correct errors arising when entering information into the Order. The Buyer sends the Order to the Seller by clicking on the “COMPLETE ORDER” button. The information listed in the Order is considered correct by the Seller. The Seller shall confirm the receipt of the Order to the Buyer immediately after receiving the Order by e-mail to the e-mail address of the Buyer specified in the User Account or in the Order (hereinafter referred to as the “E-mail Address of the Buyer”).
3.6. The Seller is always entitled, depending on the nature of the Order (quantity of goods, purchase price, estimated delivery costs), to ask the Buyer for additional confirmation of the order (for example in writing or by telephone).
3.7.The contractual relationship between the Seller and the Buyer arises upon the delivery of acceptance of the Order which is sent by the Seller to the Buyer by e-mail, to the E-mail Address of the Buyer.
3.8.The Buyer is also entitled to order goods by telephone, provided that all the provisions of the Terms and Conditions apply to such concluded deal. In such case, the Purchase Agreement is concluded at the moment of agreement on the content of the Purchase Agreement, the date and place of delivery and the method of payment. The Buyer is obliged to read the Terms and Conditions before concluding the Purchase Agreement.
3.9.The Buyer agrees to the use of means of distance communication when concluding the Purchase Agreement. The costs incurred by the Buyer when using the means of distance communication with regards to the conclusion of the Purchase Agreement (Internet connection costs, telephone costs) shall be covered by the Buyer, and these costs do not differ from the standard rate.
4. Price of the Goods and Payment Conditions
4.1.The price of the goods and potential costs associated with the delivery of goods under the Purchase Agreement may be paid by the Buyer to the Seller in the following ways:
in cash on the premises of the establishment of the Seller at U KLIKOVKY 3086/10, PRAGUE 5;
in cash on delivery at the place specified by the Buyer in the Order;
by bank transfer to the bank account of the Seller no. 7727720/5500, maintained by RESTAURACE ŘÍZKÁRNA s.r.o. (hereinafter referred to as the “Account of the Seller”); and only after the prior approval of the Seller
cashless via the GPWebPay payment system;
by cashless card payment;
4.2.Along with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price hereinafter also includes the costs associated with packaging and delivery of the goods.
4.3.The Seller does not require the Buyer to provide an advance payment or other similar payment. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price in advance.
4.4.In case of a cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In case of a cashless payment, the purchase price is due within 3 days from the conclusion of the Purchase Agreement.
4.5.In case of a cashless payment, the Buyer is obliged to proceed with the payment of the purchase price of the goods using the variable symbol of the payment. In case of a cashless payment, the obligation of the Buyer to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Account of the Seller.
4.6.The Seller is entitled, especially if the Buyer does not confirm the order pursuant to Article 3.6, to require payment of the entire purchase price before delivery of the goods to the Buyer. The provisions of Section 2119 (1) of the Civil Code shall not apply.
4.7.Prospective discounts on the price of goods provided by the Seller to the Buyer cannot be combined.
4.8.The Seller is a payer of value added tax.
5. Withdrawal from the Purchase Agreement
5.1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from a purchase agreement for the supply of goods, as these are perishable goods that are intended for immediate consumption.
6. Transportation and delivery of goods
6.1.The goods are delivered in a packaging intended for the transport of food and in compliance with all hygiene regulations. The goods are delivered in packages that are most suitable to maintain the temperature and the condition of the ordered goods.
6.2.If the Seller is obliged to deliver the goods to the place specified by the Buyer in the Order, the Buyer is obliged to take over the goods upon 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 another way than that specified in the Order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods or the costs associated with other delivery methods.
6.4.When receiving the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of goods and in case of any defects to notify the carrier immediately. In the event of a breach of packaging, which indicates unauthorized entry into the consignment, the Buyer is not obliged to take over the consignment from the carrier.
6.5.If the Buyer fails to take over the goods that have been duly ordered and the Purchase Agreement has been entered into in accordance with the Terms and Conditions, and thus the Buyer violates the Purchase Agreement, the Seller is entitled to claim a contractual penalty from the Buyer as a blanket compensation for damages in the amount of the purchase price including packaging and delivery costs.
6.6.The Seller reserves the right to refuse to conclude the Purchase Agreement with an individual who has a pending unpaid obligation to the Seller or a person who ordered the goods in the past and did not take over the goods, even if only the address of delivery matches, but the name of the Buyer does not.
7. Rights arising from defective performance
7.1.The Seller has no liability for defects that were not claimed when taking over the goods. The Seller is also not liable for defects caused by the Buyer, e.g. in case of delay in taking over the goods. The Seller is liable 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:
7.1.1.the goods have the characteristics described by the Seller or expected by the Buyer based on the nature of the goods and the advertising, taking into account the fact that the goods have been transported to the place intended for the Buyer
7.1.2.the goods are suitable for the purpose of use stated by the Seller or for which goods of this kind are ordinarily used,
7.1.3.the goods are of a respective quantity, measure and weight
7.2.The Buyer is obliged to exercise the rights from defective performance upon receipt of the goods at the latest, using the form provided upon a request by the Buyer or the person authorized by the Buyer.
8. Other rights and obligations of the contracting parties
8.1.The Buyer acquires ownership of the goods upon the payment of the full purchase price of the goods.
8.2.The Seller is not bound by any codes of conduct within the meaning of Section 1826 (1)(e) of the Civil Code.
8.3.Extrajudicial resolution of consumer complaints is handled by the Seller via the electronic address info@restaurace-rizkarna.cz. The Seller shall send information on the settlement of the complaint of the Buyer to the email address of the Buyer.
8.4.The Seller is entitled to sell goods on the basis of a trade license. Respective surveillance is carried out within the scope of its competence by a respective trade licensing office. Surveillance on personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out within its defined scope, inter alia, surveillance on compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended. The Czech Trade Inspection Authority is also a body designated for alternative dispute settlement of consumer disputes, when all information on alternative dispute settlement of consumer disputes is available at http://www.coi.cz/cz/spotrebitel/prava-spotrebitelu/mimosoudni-reseni-spotrebitelskych-sporu-adr/.
8.5 The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765 (2) of the Civil Code.
9. Personal data protection
9.1.Protection of personal data of the Buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on Personal Data Protection, as amended.
9.2.The Buyer agrees to the processing of the following personal data: name and surname, address, identification number, tax identification number, e-mail address, telephone number (collectively referred to as “Personal Data”).
9.3.The Buyer agrees with the processing of Personal Data by the Seller, for the purpose of exercise of the rights and obligations under the Purchase Agreement and for the purpose of maintaining the User Account. Unless the Buyer chooses otherwise, he agrees to the processing of Personal Data by the Seller also for the purpose of sending information and commercial communication to the Buyer. Consent to the processing of Personal Data in its entirety pursuant to this Article is not a condition that would itself preclude the conclusion of the Purchase Agreement.
9.4. The Buyer acknowledges that he is obliged to provide correct and truthful Personal Data (upon registration, in his User Account, when ordering from the Website Interface of the Store) and that he is obliged to inform the Seller of any changes in his Personal Data without undue delay.
9.5.The Seller may authorize a third party to process the Personal Data of the Buyer as its data processor. Except for persons transporting goods, Personal Data will not be provided to third parties without the prior consent of the Buyer.
9.6 The Personal Data shall be processed for an indefinite period. The Personal Data shall be processed electronically in an automated manner or in printed form in a non-automated manner.
9.7.The Buyer confirms that the Personal Data provided are accurate and that he has been advised that the disclosure of Personal Data is voluntary.
9.8.If the Buyer assumes that the Seller or the data processor (pursuant to Article 9.5) is processing his Personal Data in a way that is contrary to the protection of the private and personal life of the Buyer or the law, especially if the Personal Data are inaccurate with regard to the purpose of their processing, the Buyer may:
9.8.1 require an explanation from the Seller or the data processor,
9.8.2 require the Seller or the data processor to remedy the situation.
9.9. If the Buyer requires information regarding the processing of his Personal Data, the Seller is obliged to provide such information. The Seller has the right to request adequate compensation for the provision of the information pursuant to the previous sentence, not exceeding the necessary costs for provision of the information.
10. Business communication and cookies storing
10.1.The Buyer agrees to receive information related to the goods, services or business of the Seller to the email address of the Buyer and further agrees to receive commercial communication from the Seller to the email address of the Buyer.
10.2.The Buyer agrees to the storing of cookies on his computer. If it is possible to make a purchase on the website and fulfil the obligations of the Seller under the Purchase Agreement without storing of so called cookies on the computer of the Buyer, the Buyer may at any time withdraw the consent under the previous sentence.
11. Delivery
11.1 Delivery to the email address of the Buyer is allowed.
12. Final Provisions
12.1. If the relationship entered into under the Purchase Agreement contains an international (foreign) element, such relationship shall be governed by Czech law. This is without prejudice to consumer rights arising from generally binding legal regulations.
12.2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes so, such provision shall be replaced by another provision with meaning as close as possible to the invalid provision. The invalidity or ineffectiveness of the provision shall not affect the validity of the other provisions.
12.3.The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
- A sample form for withdrawal from the Purchase Agreements forms the Annex to the Terms and Conditions.
12.5.The contact details of the Seller are as follows: delivery address RESTAURANT ŘÍZKÁRNA S.R.O., e-mail address info@restaurace-rizkarna.cz, telephone 725 880 008.
CANCELLATION POLICY FOR SOCIAL EVENTS + MEAL DELIVERY – EMAIL ORDERS
RESTAURACE ŘÍZKÁRNA s.r.o.
1 Introductory Provisions
1.1 Cancellation policy applies to cancellation of bookings of social events – wedding, barbecue, catering, banquet, other similar events, meal delivery (hereinafter referred to as the “Event” or collectively as the “Events”) arranged between
an ordering party of the Event (hereinafter referred to as the “Client”) and the provider of the Event, being
RESTAURANT ŘÍZKÁRNA s.r.o., with its registered office at U Klikovky 3086/10, 150 00 Prague 5, Identification number 29136211, (hereinafter referred to as the “Provider”).
1.2 The cancellation fee is not calculated from the prospective amount of an advance payment, but from the total amount of the order.
1.3 The Provider reserves the right to issue an advance invoice, payable no later than 9 days before the Event. The advance usually makes up 50% of the total amount of the Event, unless otherwise agreed by the Client and the Provider. The advance payment may also be paid to the Provider in cash.
1.4 In the event of cancellation of the Event for which an advance payment has already been made and if under the cancellation policy the amount of the advance payment is higher than the cancellation fee of the total amount, the Provider is obliged to refund the amount exceeding the cancellation fee to the Client.
2 Cancellation policy for Events, Meal Delivery
The Provider is entitled to charge a cancellation fee for the Event under the following conditions:
-the Event is canceled more than 30 days before the date of the Event – no cancellation fee
-the Event is cancelled 29-20 days before the date of the Event – cancellation fee of 60 % of the total amount;
–the Event is cancelled 19-10 days before the date of the Event – cancellation fee of 80 % of the total amount;
– in the event of cancellation of the Event less than 9 days before the date of the Event, the Provider is entitled to charge a cancellation fee amounting to 100% of the order price.
– if the ordering party provides false information about the place or time of delivery of the order when ordering a meal delivery and the advance payment for such service has been made – payment by bank transfer, in cash at the store, with credit card, e-commerce payment – the cancellation fee is 100% of the order price.
– if the Client does not take over the order of meal delivery, the provider is entitled to the payment of cancellation fee of 100% of the order price
– in case of cancellation of a meal delivery order within 5 hours before the time of the dispatch of the food specified in the duly made order, the Provider has the right to charge a cancellation fee of 100%.
3.1 The Provider is entitled to cancel at any time. In the case of a cancellation more than 5 days before the agreed commencement of the Event, the Client is not entitled to any compensation for any damage incurred or prospective additional costs incurred in connection to finding a replacement for the Event.
3.2 Cancellation more than 6 days (inclusive) before the agreed commencement of the Event shall also be considered as a circumstance excluding the liability of the Provider for damages to the Client.
3.3 If it is not possible for legal reasons or for reasons expressly agreed between the Provider and the Client to proceed pursuant to Article 3.1, the Provider shall be liable for any potential damage up to the amount of CZK 2,000 or up to the amount of 1/20 of the actual damage incurred – the higher amount shall prevail. The right to loss of profit shall never arise.
4 Final Provisions
4.1 These Terms and Conditions are in accordance with Section 273 of Act No. 513/1991 Coll., Commercial Code and come into effect on 1 September 2010. These Terms and Conditions also replace the previous terms and conditions.
4.2 The legal relationship between the Client and the Provider is governed by the provisions of this Cancellation Policy, the prospective agreement between the Client and the Provider and the provisions of the Commercial Code.
4.3 Cancellation fees apply only to confirmed orders made in writing (e-mail, letter,
fax).
4.4 Cancellation of the order can be made by the Provider and the Client only
in writing (e-mail, letter, fax).
In Prague on 5 April 2016
Vladimír Krulec
Executive Director
RESTAURACE ŘÍZKÁRNA s.r.o., U Klikovky 3086/10 , 150 00 Prague 5 – Smíchov,
Identification number: 29136211, VAT ID: CZ29136211
Telephone: +420 773 686 865, +420 257 210 146
E-mail: info@restaurace-rizkarna.cz