General Conditions

These General Terms and Conditions of Business ("Terms and Conditions") of Econut s.r.o., with registered office at Hartigova 2456/241, Žižkov (Prague 3), 130 00 Praha, ID No.: 45814849, are binding for all customers who are interested in concluding a contract. C 352776/MSPH, registered with the Municipal Court in Prague, e-mail admin@cedartaste.eu, phone number +(420) 608217284, address of business premises Hartigova 2456/241, Žižkov (Prague 3), 130 00 Praha  ("We" or "Seller") regulate in accordance with the provisions of § 1751 par. 1 of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of You as Buyers and Us as Sellers arising in connection with or pursuant to a purchase contract (hereinafter referred to as the "Contract") concluded through the E-shop on the website www.cedartaste.eu.

All information about the processing of your personal data is contained in the Personal Data Processing Policy, which can be found here (GDPR)

The provisions of these terms and conditions are an integral part of the Contract. The Contract and the Terms and Conditions are written in the Czech language. We may unilaterally change or amend the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising under the previous version of the Terms and Conditions.

As you know, we primarily communicate remotely. Therefore, the subject matter of our Agreement includes the use of remote means of communication that allow us to agree with each other without the simultaneous physical presence of you and us, and the Agreement is thus concluded remotely in the E-shop environment, through a web interface ("E-shop web interface").

If any part of the Terms is inconsistent with what We have mutually agreed as part of Your purchase process on Our E-Shop, that particular agreement shall prevail over the Terms.

1. SOME DEFINITIONS

1.1 Price means the amount you pay for the Goods;

1. Shipping Price is the amount of money you will pay for the delivery of the Goods, including the cost of packing them;
1.2 Shipping Price is the amount you will pay for the delivery of the Goods.
2. Total Price is the sum of the Price and the Shipping Charge;
.

1.2 VAT is value added tax under applicable law;

1.3 Invoice is a tax document issued under the Value Added Tax Act for the Total Price;

1.4 Order is Your binding proposal to enter into a Contract to purchase Goods with Us;

1.5 User Account is an account set up on the basis of the details provided by You, which allows for the storage of the details entered and the retention of a history of Goods ordered and Contracts entered into;

1.6 You are the person shopping in Our E-shop, legally referred to as the Buyer;

1.7 Goods means anything that you can purchase from the E-Shop.

2. GENERAL TERMS AND CONDITIONS

2.1 The purchase of Goods is only possible through the web interface of the E-Shop.

2.2 When purchasing Goods, you must provide us with all information correctly and truthfully. We will therefore consider the information you have provided to us in the Order to be correct and true.

2.3 We also provide access to reviews of Goods created by other consumers in our E-Shop. We ensure and control the authenticity of such reviews by linking the reviews to specific Orders, so that for each review we can see the linked Order ID in our internal system and are able to verify and prove that the review is from a genuine consumer.

3. Termination

3.1 A contract with us can only be concluded in Czech

3.2 The contract is concluded remotely via the E-Shop, with the costs of using remote means of communication being borne by you. However, these costs are no different from the basic rate You pay for the use of these means (i.e. in particular for access to the Internet), so You need not expect any additional costs charged by Us over and above the Total Price. By submitting an Order, You consent to Our use of remote communication facilities.

3.3 In order for Us to enter into a Contract, You must create an Order on the E-Shop. In this

Order must contain the following information:

1. Information about the Goods you are buying (on the E-Shop, you will mark the button for the Goods you are interested in buying
). .
2. "Add to cart");
3. Information about the Price, Shipping Price, Total Price of the payment method and the desired delivery method of the Goods; this information is entered as part of the creation of the Order in the user interface of the E-shop and the information about the Price, Shipping Price and Total Price is provided automatically based on the Goods you have selected, their delivery and payment method;
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4. Your identification and contact details used for delivery of the Goods, in particular name, surname, delivery address, telephone number and email address.

3.4 During the creation of an Order, you may change the details until the Order is completed and Once checked, press the "Order with payment" button to complete the Order. However, you must confirm your acceptance and agreement to these Terms before pressing the button or you will not be able to complete the Order. The check box is used to confirm and agree. Once the "Order with payment obligation" button is pressed, all completed details will be sent directly to us.

3.5 We will confirm your Order as soon as possible after we receive it by a message sent to your email address provided in the Order. The confirmation will include a summary of the Order and these Terms and Conditions as an attachment to the email message. The Terms and Conditions as in force on the date of the Order, i.e. as attached as an attachment to the confirmation email, shall form an integral part of the Agreement. Confirmation of the Order constitutes the conclusion of the Contract between us and you.

3.6 We may not be able to confirm the Order to You. This includes situations where Goods are not available or where you order more Goods than we are able to supply. However, we will always provide you with information about the maximum number of Goods in advance within the E-shop and it should not come as a surprise to you. If there is any reason why we cannot confirm an Order, we will contact you and send you an offer to enter into a Contract in a form modified from the Order. In such a case, the Contract is concluded at the time you confirm our offer.

3.7 If a manifestly incorrect Price is quoted within the E-shop or in the Order, we are not obliged to supply the Goods to you at that Price, even if you have received confirmation of the Order and the Contract has been concluded as a result. In such a situation, we will contact you immediately and send you an offer to enter into a new Contract in a revised form as compared to the Order. In this case, the new Contract will be concluded at the time you confirm our offer. An apparent error in the Price is considered to be, for example, a situation where the Price does not correspond to the usual price of other sellers or is missing or excessive

3.8 In the event that the Contract is concluded, you will be liable to pay the Total

3.9 If you have set up a user account, you may place an Order through that account. However, even in this case, You are obliged to check the accuracy, truthfulness and completeness of the pre-filled data. However, the method of creating an Order is the same as in the case of a buyer without a User Account, but the advantage is that it is not necessary to repeatedly fill in your identification data.

3.10 In some cases, we allow you to take advantage of a discount on the purchase of Goods. In order for the discount to be granted, you must complete the discount details within the Order proposal by the pre-determined If you do so, the Goods will be provided to you at a discount.

4. USER ACCOUNT

4.1 Based on your registration within the E-shop, you have access to your user account.

4.2 When registering for a user account, you must correctly and truthfully provide all the details you enter and

update them if they change.

4.3 Access to your user account is secured by your username and it is your responsibility to keep this access confidential and not to disclose this information to anyone. We will not be liable if it is misused.

4.4 The User Account is personal and you are not entitled to allow third parties to use it.

4.5 We may terminate your User Account, in particular if you do not use it for more than 2 years or if you breach your obligations under the Agreement.

4.6 Your User Account may not be available continuously, in particular due to necessary hardware and software maintenance.

 

5. You may only use your User Account when it is possible to do so. PRICING AND PAYMENT TERMS, CANCELLATION OF PROPERTY RIGHTS

5.1 The price is always indicated within the E-shop, in the Order proposal and of course in the Contract. In the event of a discrepancy between the price stated for the Goods within the E-shop and the price stated in the Order Proposal, the price stated in the Order Proposal shall prevail, which is always the same as the price in the Contract. The Order Proposal also specifies the Price for shipping or the conditions under which shipping is provided

5.2 The total Price is quoted inclusive of VAT, including all charges provided for by law.

5.3 Payment of the total Price will be required from You at the conclusion of the Contract and prior to delivery of the Goods. You may pay the Total Price in the following ways:

1. Bank Transfer. We will send you payment information as part of the Order confirmation. In the case of payment by bank transfer, the Total Price is payable within 5 working days;
2. By Card In this case, payment is made through the payment gateway ShoptetPay and payment is subject to the terms and conditions of this payment gateway, which are available at: https://www.shoptetpay.com/cs/. In the case of online card payment, the total price is payable within 1 business day;
3. Delivery:
4. In the case of Goods that are on sale, it is possible to use the services set out in clause 3.2. In the case of payment on delivery, the Total Price is payable on receipt of the Goods;
5. .
6. In case of personal collection in cash. In case of personal collection of the Goods at Our premises, the Goods may be paid in cash.

In the case of payment in cash on collection in person, the Total Price is payable on receipt of the Goods.

5.4 An invoice will be issued electronically upon payment of the Total Price and will be sent to Your email address. The invoice will also be physically attached to the Goods and will be available in the User Account.

5.5 Ownership of the Goods will only pass to You upon payment of the Total Price and receipt of the Goods.In the case of payment by bank transfer, the Total Price is paid by credit to Our account, otherwise it is paid on realisation

6. DELIVERY OF GOODS, TRANSFER OF GOODS

 6.1 The Goods will be delivered to you within 3 working days by the method of your choice, whereby you can choose from the following options:

1. Personal collection at Our establishment listed in the list of establishments;
2. Personal collection at Our premises;
3. Shipping, Storage;
4. Delivery via transport companies Czech Post, PPL CZ, DHL, Zásilkovna;

6.2 Delivery time Goods always depend on their availability and on the chosen method of delivery and payment. The estimated delivery time of the Goods will be communicated to you in the Order confirmation. The time stated in these Terms is indicative only and may differ from the actual delivery time. In the case of personal collection at our premises, we will always inform you of the possibility of collecting the Goods by e-mail.

6.3 Upon receipt of the Goods from the carrier, it is your responsibility to check the integrity of the packaging of the Goods and to inform the carrier and us immediately in the event of any defects. If there is any defect in the packaging which indicates tampering and intrusion, it is not your responsibility to accept the Goods from the Carrier.

6.4 If You breach Your obligation to accept the Goods, except as set out in clause 4 of the Conditions, this will not result in a breach of Our obligation to deliver the Goods to You. At the same time, Your failure to accept the Goods shall not constitute a repudiation of the Contract between Us and You. However, in such a case, We shall have the right to withdraw from the Contract due to Your material breach of the Contract or to store the Goods, for which We shall charge You a fee of 199,- CZK. If We decide to withdraw from the Contract, the withdrawal shall be effective on the date We deliver the withdrawal to You. Withdrawal from the Contract does not affect the right to payment of the Transport Price or the right to compensation for any damages.

6.5 If, for reasons arising on your part, the Goods are redelivered or delivered in a different way than agreed in the Contract, you will pay us the cost of such redelivery. Payment details for payment of these costs will be sent to your email address set out in the Contract and are due within 14 days of receipt of the email.

6.6 The risk of damage to the Goods shall pass to you on receipt. In the event that You do not take delivery of the Goods, except as set out in clause 4 of the Conditions,  the risk of damage to the Goods shall pass to You at the time when You had the opportunity to take delivery of the Goods but failed to do so for reasons beyond Your control. The passing of the risk of damage to the Goods means that from that moment you bear all consequences related to the loss, destruction, damage or any deterioration of the Goods.

6.7 In the event that Goods have not been listed as in stock on the E-Shop and an indicative period of availability has been given, we will always inform you if:

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1. extraordinary failure in the production of the Goods and we will always tell you the new estimated period of availability or information that the Goods cannot be delivered;
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2. delay in delivery of the Goods from Our supplier and We will always tell You the new estimated time of delivery.

7. RIGHT FROM DEFECT

7.1 We warrant that at the time of the passing of the risk of damage to the Goods under 7 of the Conditions the Goods are free from defects, in particular that the Goods:

 

1. conforms to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics;
2. is fit for the purpose for which you require it and to which we agree;
3. is supplied with the agreed accessories and instructions for use, including instructions for assembly or installation;
4. is fit for the purpose for which Goods of that kind are usually used;
5. conforms in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of Goods of the same kind that you may reasonably expect, even taking into account public statements made by us or by any other person in the same contractual chain, in particular advertising or labelling;
6. is supplied with such accessories, including packaging, assembly instructions and other instructions for use, as you may reasonably expect; and
7. matches in quality or workmanship the sample or specimen provided to you prior to the contract.

7.2 The rights and obligations arising from rights of defective performance are governed by the applicable generally binding legal provisions (in particular, the provisions of Sections 2099 to 2117 and 2161 to 2174b of the Civil Code and Act No. 634/1992 on Consumer Protection, as amended).

7.3 In the event that the Goods are defective, i.e. in particular if any of the conditions under article 1 are not met,

You may notify Us of such defect and exercise the rights arising from the defective performance (i.e. claim the Goods) by sending an e-mail or letter to Our address indicated in Our identification data or in person at Econut s.r.o., Hartigova 2456/241, Žižkov, 130 00 Praha. You may also use the sample form provided by Us for the complaint, which is attached as Annex 1 to the Terms and Conditions. When exercising the right of defective performance, you must choose the method of dealing with the defect and you cannot change this choice subsequently without Our consent.

7.4 If the Goods are defective, you have the following rights:

1. to remedy the defect by supplying new Goods without the defect or by supplying the missing part of the Goods; or
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2. to remedy the defect by repairing the Goods, unless the chosen method of remedying the defect would be impossible or disproportionately expensive compared with another method, which will be assessed having regard in particular to the seriousness of the defect, the value the Goods would have had without the defect and whether the defect can be remedied in another way without substantial inconvenience to you.

7.5 We may refuse to remedy a defect if it is impossible or unreasonably costly, having regard in particular to the significance of the defect and the value the Goods would have had without

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7.6 You are also entitled to:

1. a reasonable discount on the Price; or
2. withdraw from the Contract,
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if:

• We refuse to remedy the defect or fail to remedy it in accordance with law;
• the defect manifests itself repeatedly,
• the defect is a material breach of the Contract; or
• it is clear from our statement or the circumstances that the defect cannot be remedied within a reasonable time or without substantial difficulty to you.

7.7 There is no right to withdraw from the Contract if the defect in the Goods is immaterial.

7.8 If you cause the defect in the Goods, you have no rights under the defective performance.

7.9 A defect in the Goods is not wear and tear caused by normal use of the Goods or, in the case of second-hand Goods, wear and tear equivalent to the extent of their previous use.

7.10 When you make a claim, we will issue you with a written confirmation stating:

 

• the date on which you made the claim;
• what the claim relates to;
• what method of dealing with the claim you require;
• your contact details for the purpose of providing information about the handling
.

 

7.11 Unless we agree a longer period, we will rectify the defects and provide you with information about the handling of the complaint within 30 days of receipt of the complaint to the contact details provided. If this period expires in vain, you may withdraw from the Contract or request a reasonable

.

7.12 We will notify you by email of the resolution of the claim and issue you with a confirmation of the date and manner of resolution of the claim. If the claim is justified, you will be entitled to reimbursement of reasonable costs. You must provide evidence of these costs, e.g. receipts or proof of payment of the price of the Goods If the defect has been rectified by the supply of new Goods, it is your responsibility to return the original Goods to us, but the cost of this return will be borne by us.

7.13 If You are a business, it is Your responsibility to notify and claim for the defect without undue delay after You may have become aware of it, but not later than three days after You have received the Goods.

7.14 If You are a consumer, You have the right to exercise Your rights in respect of defective consumer Goods within 24 months of receipt of the Goods.

8. WITHDRAWAL FROM THE CONTRACT

8.1 Withdrawal from the Contract, i.e. the termination of the contractual relationship between us and you from its inception, may occur for the reasons and in the ways set out in this clause or in other provisions of the Conditions in which the possibility of withdrawal is expressly stated

8.2 If you are a consumer, i.e. a person who purchases Goods outside the scope of your business, you have the right to withdraw from the Contract without giving any reason within 14 days from the date of conclusion of the Contract, or if it is a purchase of Goods, then within 14 days of receipt of the Goods. If we have entered into a Contract which involves several items of Goods or the supply of several parts of Goods, this period shall not begin until the date of delivery of the last item or part of Goods, and if we have entered into a Contract under which we will supply Goods to you on a regular and repeated basis, it shall begin on the date of delivery of the first delivery.

8.3 You may cancel the Contract by any demonstrable means (including, but not limited to, by sending an email or letter to our address set out in our identification details). You may also use the sample withdrawal form provided by us, which is attached as Schedule 2 to the Terms and Conditions.

8.4 However, even as a consumer, you may not withdraw from the Contract where the subject matter of the Contract is the performance referred to in section 1837 of the Civil Code.

8.5 The period for withdrawal from the Contract under clause 2 of the Terms and Conditions shall be deemed to be maintained if you send us a notice that you are withdrawing from the Contract during the withdrawal period.

8.6 In the event of withdrawal from the Contract under clause 2 of the Terms and Conditions, you shall send the Goods back to us within 14 days of withdrawal from the Contract and bear the cost of returning them. In return, you are entitled to a refund of the Delivery Charge, but only in an amount equivalent to the cheapest delivery method we have offered for delivery of the Goods. In the event of withdrawal from the Contract due to a breach of the Contract by Us, We will also pay the cost of returning the Goods to Us, but again only up to the amount of the Postage Charge corresponding to the cheapest method of delivery We have offered for delivery of the Goods.

8.7 In the event of cancellation of the Contract, the Price will be refunded to You within 14 days of the effective date of cancellation to the account from which it was credited or to the account chosen by the canceller. However, the amount will not be refunded until we have received the Goods or you have provided us with proof of return. Please return the Goods to us clean, including the original if possible

8.8 However, in the event of a withdrawal under clause 2 of the Terms and Conditions, you will be liable to us for any diminution in the value of the Goods resulting from handling the Goods in a manner other than that necessary to familiarise yourself with the nature, features and functionality of the Goods, i.e. in the way you would have familiarised yourself with the Goods in a bricks and mortar store. In the event that we have not yet refunded the Price to you, we shall be entitled to set off any claim for reimbursement against your claim for a refund of the Price.

8.9 We shall be entitled to withdraw from the Contract at any time before We deliver the Goods to You if there are objective reasons why the Goods cannot be delivered (in particular, reasons on the part of third parties or reasons inherent in the nature of the Goods), including before the expiry of the time limit set out in clause 1 of the Terms. We may also withdraw from the Contract if it is clear that you have deliberately provided incorrect information in the Order.

If you are purchasing the Goods in the course of your business, i.e. as a business, we are entitled to withdraw from the Contract at any time, even without giving any reason.

9. If none of these terms apply to us, we may contact you. RESOLUTION OF DISPUTES WITH CONSUMERS

9.1 We are not bound by any codes of conduct in relation to the Buyer within the meaning of section 1826(1) of the Civil Code.

9.2 We handle consumer complaints via the electronic address admin@cedartaste.eu. We will send information about the handling of the complaint to the buyer's electronic address.

9.3 Czech Trade Inspection Authority, with registered office at Štěpánská 796/44, 110 00 Prague 1, ID No.: 000 20 869, Internet address: http://www.coi.cz. To resolve disputes between the seller and the buyer, who is a consumer, from a purchase contract concluded by electronic means, the online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used.

9.4 The European Consumer Centre Czech Republic, with registered office at Štěpánská 796/44, 110 00 Prague 1, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes)

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10. FINAL PROVISIONS

10.1 If our legal relationship with you contains an international element (i.e. for example, we will be sending goods outside the Czech Republic), this relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, your legal rights are not affected by this contract.

10.2 All written correspondence with you will be delivered by email. Our email address is given next to our identification details. We will deliver correspondence to your email address provided in the contract, in your user account or through which

.

10.3 The Agreement may only be varied by written agreement between us. However, we may change these Terms, but such change will not affect any Contract already entered into, but only those entered into after the change takes effect. However, we will only notify you of the change if you have created a User Account (so that you have this information in case you order new Goods, but the change does not give you the right to terminate the Contract as we do not have a Contract that can be terminated) or we are to supply Goods to you on a regular and recurring basis under the Contract. We will send you notice of the change to your email address at least 14 days before the change takes effect. If we do not receive notice from you within 14 days of sending you the change notice, the new terms will become part of our Contract and will apply to our continued supply of the Goods after the change takes effect. The notice period in the event that you give notice is 2 months.

10.4 In the event of a Force Majeure event or events that cannot be foreseen (natural disaster, pandemic, operational failure, subcontractor failure ), we will not be liable for any damage caused by or in connection with the Force Majeure event and if the Force Majeure event lasts for more than 10 days, we and you shall have the right to withdraw from the Contract.

10.5 The Contract, including the Conditions, is archived electronically with Us but is not accessible to You. However, You will always receive these Conditions and the Order Confirmation with Order Summary by email and therefore You will always have access to the Contract without Our involvement. We recommend that you always save the Order Confirmation and the Terms and Conditions.

10.6 These Terms will take effect on 29 July 2024.

APPENDIX 1 - ADVERTISEMENT FORM

 

Address:Claims Handling:Econut s.r.o., 2456/241 Hartigova Street, Žižkov, 130 00 Prague, ID 11677872.

Complaints

 

. I also ask for confirmation of the claim, stating when I exercised this right, what is the content of the claim, what method of handling the claim I require, together with my contact details in order to provide information on the handling of the claim.  Date:      Signature:  ANNEX NO. 2 - CANCELLATION FORM Address:Econut s.r.o., 2456/241 Hartigova Street, Žižkov, 130 00 Prague, ID: 11677872. I declare that I withdraw from the contract:.   If the buyer is a consumer, he/she has the right to order the goods via the e-shop of Econut s.r.o., ("company") or any other means of distance communication, except for the cases referred to in § 1837 of Act No. 89/2012 Coll, 89/2012 Coll., the Civil Code, as amended, to withdraw from the already concluded purchase contract within 14 days  from the date of conclusion of the contract,  or if it is a purchase of goods,  then  within 14 days  from its receipt. In the case of a contract whose subject matter is several pieces of goods or the delivery of several parts of goods, this period shall start only from the date of delivery of the last piece or part of goods, and in the case of a contract under which goods are to be delivered regularly and repeatedly, from the date of delivery of the first delivery. The Buyer shall notify the Company of such withdrawal in writing to the Company's business address or electronically to the following addresse-mail specified in the sample form. If the consumer purchaser withdraws from the contract of sale, the consumer purchaser shall send or hand over to the Company the goods received from the Company without undue delay, but not later than 14 days after the withdrawal from the contract of sale. If the Buying Consumer withdraws from the Purchase Contract, the Company shall refund to the Consumer all monies (the purchase price of the Goods supplied), including delivery costs, received from the Consumer under the Purchase Contract in the same manner without undue delay, but not later than 14 days after the withdrawal from the Purchase Contract. If the buyer has chosen a delivery method other than the cheapest delivery method offered by the company, the company will only refund the delivery costs to the buyer in the amount corresponding to the cheapest delivery method offered. The Company shall not be obliged to refund any monies received by the Buyer before the Buyer has received the goods back or before the Buyer has proved that he has dispatched the goods to the Company.   Date:      Signature:

Date of conclusion of the contract:
First and last name:
Address:
E-mail address:
Goods that are claimed:
Description of defects:
Proposed processing method Complaints:
Date of conclusion of the contract:
First and last name:
Address:
E-mail address:
Specification of the goods covered by the contract:
Method of payment of funds received or bank account number: