I. General Provisions
These General Terms and Conditions (hereinafter referred to as GTC) regulate the relations between the parties to a purchase agreement, namely the seller: PIKANT Ostrava, s.r.o., with its registered office at 5. května 5163/28, Třebovice, 722 00 Ostrava, Company ID: 25905163, File No: C 24959, incorporated at the Regional Court in Ostrava (hereinafter referred to as the Seller), and the buyer (hereinafter referred to as the Buyer).
More information about the Seller is available at www.pikant-ostrava.cz.
The Buyer is a consumer or a business.
A consumer is any person who concludes an agreement with the Seller (or otherwise engages with the Seller) outside the scope of their business activities or outside the scope of the independent exercise of their profession.
A business is an entity that independently carries out, on its own account and responsibility, gainful activity in a trade or similar with the intention of doing so systematically to make a profit. For the purposes of consumer protection, any person who concludes agreements related to their own commercial, production or similar activities or in the course of the independent pursuit of their profession, or a person acting in the name or on behalf of the entrepreneur, shall also be considered a business. For the purposes of the GTC, a business means an entity that acts in accordance with the preceding sentence in the course of their business activity. If the Buyer provides its identification number (company ID) in an order, it acknowledges that the rules specified in the GTC for businesses apply to it.
By placing an order, the Buyer confirms that, prior to the conclusion of the agreement, it became acquainted with these GTC, of which the Complaints Procedure and the Terms and Conditions of Personal Data Protection form an integral part, and that it expressly agrees with them, in the version valid and effective at the time the order is created.
II. Agreement
1. Conclusion of the agreement
The Buyer shall enter into an agreement by accepting the proposal to conclude such an agreement by way of ordering goods pursuant to Article VII.
By placing an order, the Buyer agrees with the wording of the GTC, including the Seller’s Complaints Procedure. The resulting agreement (including the agreed price) may be amended or cancelled only by agreement of the parties or for legal reasons, unless otherwise stated in the GTC.
2. Delivery of the subject of purchase
Under the purchase agreement, the Seller undertakes to deliver to the Buyer the goods that are the subject of the purchase and the Buyer undertakes to accept the goods and pay the Seller the purchase price.
The Seller reserves the ownership of the goods and therefore the Buyer becomes the owner only upon full payment of the purchase price.
The Seller shall deliver the goods to the Buyer and allow the Buyer to acquire ownership of the goods in accordance with the agreement.
If the Seller is to ship the goods, the goods are deemed to have been delivered as follows: to the Buyer/business upon the transfer of the goods to the first carrier for transport for the Buyer, in which respect the Seller shall enable the Buyer to exercise rights under the transport contract in relation to the carrier;
to the Buyer/consumer, only after the carrier has delivered the goods.
If the Seller delivers more goods than agreed, the purchase agreement is deemed also to be concluded for the excess quantity, unless the Buyer rejects such surplus without undue delay.
The Seller shall hand over to the Buyer the subject of purchase in the agreed quantity, quality and version.
3. Liability of the Seller
The Seller is responsible to the Buyer for ensuring that goods are free of defects upon acceptance. In particular, the Seller is responsible to the Buyer for the following at the time the Buyer takes receipt of the goods:
the goods have the qualities described by the Seller or expected by the Buyer due to the nature of the goods;
the goods are in the appropriate quantity;
the goods comply with legal requirements.
The goods offered by the Seller are foodstuffs with a limited shelf life. Therefore, the Buyer is entitled to exercise rights pertaining to a defect in the goods until the best before date indicated on the packaging of the goods.
4. Breach of agreement
Due to the nature of the goods offered, in the event of defective performance, the Buyer has the right to have the defect remedied by:
the delivery of new goods without defect; or
the delivery of missing goods; or
a refund for the defective or missing goods; or
by withdrawing from the agreement in full.
The Buyer shall inform the Seller of its choice when reporting the defect or without undue delay following the reporting of the defect. The choice made by the Buyer cannot be changed without the Seller’s consent.
5. Quality guarantee
By guaranteeing the quality, the Seller undertakes that the goods are fit for use for the usual purpose or that they retain their normal properties throughout the shelf-life indicated on the packaging and under the storage conditions indicated on the packaging of the goods.
III. Withdrawal from agreement
1. Withdrawal from the agreement by the consumer
The consumer shall have the right to withdraw from the agreement within 14 days of the date of receipt of the goods.
The Seller allows the consumer to withdraw via email and the Seller shall confirm receipt to the consumer without undue delay.
If the consumer withdraws from the agreement, it shall send or hand over to the Seller the goods received from the Seller without undue delay, and in any event within fourteen days of withdrawal from the agreement, at its own expense.
If the consumer withdraws from the agreement, the Seller shall return all funds received from it under the agreement, in the same way in which they were received, without undue delay, and in any event within fourteen days of withdrawal from the agreement.
If the consumer withdraws from the agreement, the Seller is not obliged to return the received funds to the consumer before the consumer returns the goods to the Seller.
2. Withdrawal from the agreement by a business and in other cases
The Seller may allow a Buyer/business to withdraw from the purchase agreement within 14 days.
The Buyer may not withdraw from the agreement or demand the delivery of a new item if the item cannot be returned in the condition in which it was received.
In order to protect the rights of the Buyer if the Buyer is a legal entity and if it requests the payment of a credit note in cash, the relevant amount will be transferred only to persons authorised to act on behalf of the legal entity.
3. Withdrawal from the agreement by the Seller in the event of an error in the price of the goods
Except as provided by law, the Seller may withdraw from the agreement in the event of a manifest error in the price of the goods.
Withdrawal from the agreement under this point is possible within 14 days of the date of conclusion of the purchase agreement between the Buyer and the Seller by the Seller cancelling the order or otherwise showing the Buyer that it is withdrawing from the agreement.
IV. Information security and protection
In relation to the protection and processing of the Buyer’s personal data by the Seller, the Terms and Conditions of Personal Data Protection shall apply.
V. Business hours
Orders may be placed via the online shop or the Seller’s email address 24 hours a day, 7 days a week.
Orders may be placed by phone on Mondays to Fridays, except public holidays, from 6 AM to 2 PM.
In the event of a failure of electronic communication or force majeure, the Seller shall not be liable for not keeping to normal business hours.
VI. Prices
All prices are contracted. Current and valid prices, expressed in the Czech currency (CZK), are available at all times in the Seller’s online shop, eshop.pikant-ostrava.cz (hereinafter referred to as the e-shop).
The prices indicated for individual goods are final, i.e. including VAT and/or all other taxes and fees that the consumer is required to pay in order to obtain the goods, other than shipping and cash on delivery fees, which are specified in the cart”, the amount of which depends on the option selected by the Buyer.
The Buyer acknowledges that the final prices of the goods are shown rounded to the nearest whole crowns in accordance with applicable legislation. There may be a slight deviation from the purchase price stated in this way in the grand total of all purchased products; this is due to the process of rounding to the nearest whole crown.
The Seller reserves the right to declare the purchase agreement invalid if there has been a misuse of personal data or due to the intervention of an administrative or judicial authority; the Buyer will be informed of such procedure.
The Buyer acknowledges that in such cases the purchase agreement cannot be validly concluded and that the Seller is entitled to demand, inter alia, unjust enrichment.
VII. Ordering
In keeping with Article VI, the price shall be stated in the order and in the message confirming the receipt of the order of the goods. Orders may be placed as follows:
via the Seller’s e-shop at pikant-ostrava.cz;
by email to obchod@pikant-ostrava.cz;
by phoning +420 596 961 018.
The Seller recommends that the Buyer place orders through the e-shop via the Buyer’s registered profile and that it log out from that profile after the order has been placed.
The Buyer shall be notified of the exact time of delivery of the ordered goods by email or telephone. The time it takes to deliver the ordered goods and the price of shipping depend on the method of transport chosen by the Buyer in the second step of the order in its cart.
VIII. Payment terms
The Seller accepts the following payment terms:
upon collection at the Seller’s premises by cash payment upon receipt of the goods;
further to a request for payment to the Seller’s bank account before the goods are collected or before the goods are handed over for transport by the Seller;
upon receipt of the consignment from the carrier (cash on delivery).
The Seller shall send a payment request by email immediately after the order has been confirmed.
The goods shall remain the property of the Seller until full payment and acceptance; however, the risk of damage to the goods shall pass to the Buyer upon acceptance of the goods by the Buyer.
The Buyer’s invoicing information cannot be changed retroactively after an order has been sent.
The law on the registration of sales requires the Seller to issue a receipt to the Buyer.
Refunds: if the Buyer withdraws from the agreement that has been concluded with the Seller or if the Buyer is refunded for any other reason, the Seller shall return to the Buyer the funds received from the Buyer under the agreement in the same way as they were remitted. The Buyer is responsible for the correctness of the details for the refund.
IX. Delivery terms
1. Methods of delivery
The Seller provides or arranges for the following delivery methods:
personal collection at the Seller’s premises. Normal business hours: Monday to Friday, from 6 AM to 2 PM. Special longer business hours (until 5 PM) can be found on the Seller’s website (www.pikant-ostrava.cz)
delivery via PPL to the Buyer. When the goods are handed over to the carrier, the Seller sends a notification of the shipment to the Buyer’s email address.
via PPL with pick-up at a PPL-partner ParcelShop.
2. Other terms
When picking up an order paid in advance, the Seller or carrier may require that the recipient produce some form of identification (an ID card or passport). If no such identification is produced, the Seller or the carrier may refuse to hand over the goods. They are entitled to withhold goods under Section 2900 of Act No 89/2012, the Civil Code, which requires them to comply with the obligation of prevention and prudence.
Goods purchased by the Buyer who is a legal entity shall be handed over only to the governing body of the legal entity or to a person holding an officially verified power of attorney. Goods purchased by a natural person engaging in business will be handed over only upon presentation of an official means of identification (ID or passport).
Immediately upon delivery, the Buyer is obliged to check the condition of the consignment (number of packages, damage to the packaging) together with the carrier by reference to the attached delivery note. The Buyer may refuse to accept a consignment that is not in accordance with the purchase agreement due to the fact, for example, that the consignment is incomplete or damaged. If the Buyer accepts a damaged consignment from the carrier, the damage must be described in the carrier’s delivery report.
An incomplete or damaged consignment must be immediately notified by email to obchod@pikant-ostrava.cz or by calling +420 596 961 018, a damage report must be drawn up with the carrier, and that report must be sent to the Seller by email or by post without undue delay. Any subsequent complaint about incompleteness of or external damage to a consignment does not deprive the Buyer of the right to lodge such a complaint, but it gives the Seller the opportunity to prove that there has been no contravention of the purchase agreement.
XI Warranty conditions
The warranty conditions for the goods are governed by the Seller’s Complaints Procedure and the applicable legislation of the Czech Republic. Proof of purchase usually serves as a warranty certificate.
XII Final provisions
Relations and any disputes arising from the agreement shall be resolved exclusively under the law of the Czech Republic and shall be resolved by the competent courts of the Czech Republic. As per Article 6 of the United Nations Convention on Contracts for the International Sale of Goods (CISG), that Convention shall not apply.
Any disputes between the Seller and the Buyer may also be settled out of court. Within the meaning of Section 14 of Act No 634/1992 on consumer protection, the Seller informs the Buyer that the Czech Trade Inspection Authority is the entity responsible for the out-of-court settlement of consumer disputes for the type of products and/or services offered, sold, provided or mediated.
The agreement shall be concluded in Czech. If a translation of the text of the agreement is created for the needs of the Buyer, the Czech version of the agreement shall prevail in the event of a dispute over the interpretation of the terms thereof.
These General Terms and Conditions, including parts thereof, shall enter into force and take effect as of 1 June 2020.
