Terms and Conditions

1. Terms and Conditions

1.1 The Terms and Conditions form an integral part of the Purchase Contract concluded under the terms and conditions set out below between Šumavaprodukt s.r.o., Pod Nebozízkem 389, 34201 Sušice ID:11792418 (hereinafter referred to as the "Seller") and the Consumer (hereinafter referred to as the "Buyer").

1.2 The Seller of the goods listed below is the company Šumavaprodukt s.r.o., mail:eshop@sumavaprodukt.cz registered in the Commercial Register maintained by the Regional Court in Pilsen, Section C, Insert 24553. The postal address for delivery of documents to the Seller is the same as the address given in the previous sentence.

1.3 The legal relations between the Buyer and the Seller arising from the sale and purchase of goods (the Purchase Contract) are governed by the Civil Code and these Terms and Conditions (hereinafter referred to as the "T&C").

1.4 The Purchase Contract may only be amended or supplemented by written agreement of both parties.

1.5 Each Party shall bear its own costs incurred by it by using the relevant means of distance communication used in concluding the Purchase Contract.

2. Subject matter of the Purchase Agreement

2.1 The subject matter of the Purchase Contract is the Goods specified in the Purchase Order in the quantity specified therein. Only the goods offered for sale by the Seller on its website https://trh.regionalnispeciality.cz/ may be the subject of the Purchase Contract.

2.2 The name and main characteristics of the goods are given in words (and for most goods also in pictures) for each individual product or type of goods.

2.3 The details of the goods given on the Seller's website, catalogues, brochures and other printed materials are for information only and for this reason the goods supplied may have slight variations (but this does not constitute a defect in the goods).

2.4 The ordered goods shall be delivered to the Buyer in the quality and design suitable for the purpose for which such goods are intended and in accordance with the specifications or characteristics customary for the type of goods, complying with the relevant standards, regulations and regulations in force in the Czech Republic.

2.5 The Goods shall be packed or provided for carriage in a manner necessary to preserve and protect the Goods.

3. Ordering the goods

3.1 The Buyer shall order the Goods from the Seller by means of the form "Order of Goods" at the Internet address specified in Article 2.1.

3.2 Any order for goods sent to the Seller via the order form shall be binding on the Buyer and shall be deemed to be a draft purchase contract. By submitting an order, the Buyer also confirms that he/she has read and agrees to the PO.

3.3 The Purchase Contract is concluded at the moment when the Seller informs the Buyer in writing, by telephone or by e-mail that he accepts the order. Any other communication by the Seller shall not be deemed to be acceptance (confirmation) of the order.

3.4 Depending on the nature of the order - the quantity of goods, the amount of the price, transport costs, distance, etc., the Seller is entitled to ask the Buyer to authorise the order in an appropriate manner (e.g. in writing or by telephone) or to ask the Buyer to pay the purchase price or part of it in advance. In such case, the purchase contract shall not be concluded before the moment of proper and timely fulfilment of the conditions required by the Seller.

3.5 The Seller reserves the right to refuse to conclude a purchase contract with a person who has an outstanding obligation to the Seller and with a person who has ordered the goods in the past and has not taken delivery of the goods, even if the name of the Buyer but the delivery address of the goods does not match. Address means the city, street and house number. In the case of a block of flats or a multi-unit building, the delivery address shall include the number of the buyer's flat.

3.6 The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.

4.Purchase price

4.1 The Buyer is obliged to pay the purchase price for the goods in the amount specified for the ordered type of goods on the Seller's website and valid at the time of acceptance of the goods. This purchase price is always stated in the order confirmation according to Article 3.3 of the PO. The Seller reserves the right to change these prices in the event of exchange rate changes, significant inflation or significant changes in the conditions of manufacturers and other suppliers of goods.

4.2 In the order summary, the Buyer will see only an indicative price, which may vary depending on the specific weight of the products, the availability of the ordered goods and any discounts due to the Buyer. The final price is therefore only known when the goods are handed over.

4.3 Together with the purchase price for the goods, the Buyer is obliged to pay the Seller:

(a) the cost of transport shall be paid according to the price list in the shopping basket, unless the case is referred to in point (b),

b) the cost of transport of the goods, the amount of which will be communicated to the customer before the shipment of the goods, if it is a more bulky shipment or if the place of delivery of the goods is located outside the Czech Republic. If the amount of postage is not agreed by the customer within 2 working days, the seller is entitled to withdraw from the purchase contract.

4.3 Together with the goods, the Seller sends the Buyer an invoice - tax document, which serves as a delivery and warranty certificate.

4.4 The price always corresponds to the stated quantity of the product (kg, package, litre, bundle, piece, etc.).

4.5 The approximate price of the entire purchase including shipping is confirmed in the order form before the order is sent to the buyer. The exact price is communicated to the customer by email when the order is completed and the exact quantity, weight of the ordered goods is ascertained.

4.6 The purchase price is payable upon receipt of the goods, either in cash or by online transfer to the Seller's bank account. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the packaging and delivery of the goods.

4.8 The terms of payment are set out in clause 6. OP.

5. Delivery terms

5.1 Place of performance and place of delivery

5.1.1 The place of performance is the place where the Seller delivers the Goods to the Buyer.

5.1.2 The place of delivery of the goods is the address specified in the order form under clause 3.1.

5.2 Method of delivery

5.2.1The Goods shall be delivered to the delivery address specified in the Order Form, namely within the territory of the Czech Republic.

5.2.2 In the event that for reasons on the Buyer's side it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods.

5.2.3 The delivery time range is determined by the Buyer's address area and is included in the order. The Buyer may specify a preferred delivery time in a note in his order, which the Seller is not bound by. The Buyer shall be informed in advance of the estimated time of delivery by email or other appropriate means. If the Buyer is not at the address at the specified time, the goods may be handed over to a family member or other person at the address who is willing to accept the goods. If no one is available at the delivery address, the buyer is contacted by phone by the seller to agree on the possibilities of handing over the order (leaving the order with a neighbour or at the agreed location, etc.). In case of agreement on alternative delivery to the house or other address, the buyer will be charged a delivery fee of 80 CZK. This does not apply if the non-delivery of the order was caused by the seller himself.

5.2.4 The Seller reserves the right to delay delivery of the goods in case of force majeure, when due to transport, technical or other complications it is not possible to deliver the goods to the Buyer within the timeframe specified in the order. In this case, the buyer is immediately contacted by the seller to agree on other delivery options.

5.2.5The Buyer also has the option to pick up the goods at one of the Seller's online shop locations. In the case of such personal collection of the box, the Buyer is obliged to collect the goods on the date and time specified for this purpose, as agreed in the Purchase Contract.

5.2.6 The risk of damage to the goods shall pass to the Buyer at the moment of taking delivery of the goods, or if the Buyer unsuccessfully attempts to deliver the goods (if the Buyer is not present at the time of delivery or has unlawfully refused to take delivery of the goods).

5.2.7 In the event that the Buyer fails to take delivery of the goods that have been duly ordered and therefore breaches the Purchase Contract, the Seller is entitled to claim from the Buyer a contractual penalty, as a lump sum compensation for damages, in the amount of the purchase price, including the costs of packaging and delivery of the goods.

5.2.8 Upon receipt of the goods, the Buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects, immediately notify the Seller or the person who delivered the goods.

5.3 Method of transport

5.3.1 Unless personal collection of the goods at one of the Seller's premises is agreed, the Seller shall arrange delivery of the goods to the Buyer by its own transport or by a contracted carrier.

5.4 Delivery period

5.4.1 The delivery time depends on the type and quantity of goods ordered and the chosen method of payment of the purchase price.

5.4.2 The delivery period starts from the date of conclusion of the purchase contract (Article 3.3, 3.4 of the PO) if the purchase price is to be paid in cash according to Article 6.1.1(a) of the PO. If the purchase price is to be paid to the Seller's account pursuant to Article 6.1.1(b) of the PO, the delivery period shall not commence until the day following the date of payment of the purchase price.

5.4.3 If the ordered goods are in stock, the Seller is obliged to hand them over for transport.

5.4.4 If the ordered goods are not in stock or cannot be handed over for transport for any other reason, the Seller is obliged to inform the Buyer about this and to inform the Buyer of an alternative delivery date or to offer other goods comparable to the ordered goods. If the buyer does not inform the seller within 3 days of the date of delivery of the notification that he withdraws from the purchase contract for this reason, it shall be deemed that he agrees to the alternative delivery date. If the goods are not delivered even on the alternative date, either party shall be entitled to withdraw from the purchase contract.

As the goods of the Seller's warehouse are imported from many different farmers and suppliers, in some cases on a daily basis, so as to guarantee the freshness of the goods, the Seller cannot be held liable for unforeseen circumstances that may delay or completely cancel deliveries. In the event that such a situation arises, the Seller will inform the Buyer (by email, telephone or otherwise). If possible, the Seller will suggest to the Buyer the possibility of supplying replacement goods of a similar type and price. In some cases, however, the goods may not be delivered without the possibility of substituting an alternative. In this case, the price of the order will be reduced by the value of the undelivered goods.

6. Payment terms

6.1 Method of payment of the purchase price

6.1.1 The Buyer shall pay the Purchase Price in cash to the Seller upon personal collection of the Goods at one of the Seller's premises. When paying in cash, the Buyer shall pay the final, already adjusted price upon receipt of the goods. The purchase price is calculated depending on the actual weight of the goods (meat), the return of the paper box or any undelivered goods

6.1.2 The method of payment of the purchase price is determined by the buyer in the order of goods. The Buyer may choose before placing the order whether to pay for the goods in cash on receipt of the goods, by online bank transfer to the Seller's account before delivery of the goods

6.2 Maturity of the purchase price

6.2.1 If the purchase price is paid in cash pursuant to Article 6.1.1(a) of the PO, it is payable upon delivery of the goods to the Buyer.

7. Liability for defects in the goods

7.1 Delivery of the goods, transfer of title and risk of damage to the goods, warranty

7.1.1 The Buyer is obliged to take over the goods from the Seller and confirm this fact on the delivery note or other document. This is without prejudice to the obligation set out in Article 7.2.1 of the PO. By signing the invoice, the Buyer confirms that the shipment has been delivered without any obvious defects and that any later claims of damage to the packaging of the shipment shall be disregarded.

7.1.2 Upon acceptance of the goods, the risk of accidental destruction and accidental deterioration of the goods (risk of damage to the goods) passes to the buyer.

7.1.3 The ownership of the goods passes to the buyer upon receipt of the goods, provided that the purchase price has already been paid in full prior to receipt of the goods.

7.2 Obligations of the buyer after delivery of the goods, defects in the goods

7.2.1 The Buyer is obliged to inspect the goods without delay after receipt. In particular, he is obliged to check the integrity of the packaging, the number of packages and in the event of any defects to notify the seller immediately, otherwise he is liable for damages resulting from the breach of this obligation. The same applies if the buyer discovers any defects in the goods after opening the parcel in which they were transported. If the Buyer discovers during the inspection of the goods a breach of the packaging indicating unauthorized entry into the shipment, he is entitled to refuse to accept the goods and is obliged to immediately notify the Seller and provide him with the necessary assistance.

7.2.2 If the Buyer discovers defects in the goods during inspection or if defects occur during the warranty period, he is obliged to notify the Seller of such defects without delay after discovering them. The notification of defects must be made in writing, by fax or by e-mail and must contain a description of the defect and the relevant claim. In addition, the Buyer must send the goods claimed to the Seller in the appropriate packaging and enclose a copy of the invoice.

7.2.3 The place of claim is the Seller's registered office as specified in Article 1.2 of the PO.

7.2.4 Claims for liability for defects in the goods supplied shall be governed by the applicable law.

7.2.5 Transportation of the claimed goods to the Seller's registered office shall be provided by the Buyer at its own expense. In the event of a justified claim, the Seller shall pay the Buyer for these costs upon presentation of a proof of payment for transport.

7.2.6 If the Buyer fails to take delivery of the goods for reasons other than those specified in Article 7.2.1 or without stating a reason, the Buyer is obliged to compensate the Seller for the amount of CZK 300,-, which represents the damage incurred by the Seller and which consists mainly in the costs associated with the return of the goods to the Seller and in lost profits. In such a case, the seller is entitled to withdraw from the purchase contract.

8. Withdrawal from the purchase contract

8.1 The Buyer has the right to withdraw from the Purchase Contract 24 hours from the date of receipt of the goods.

8.2 The provisions of Article 8.1 of the PO do not apply to goods that have been modified according to the Buyer's wishes or for the Buyer's person, as well as to goods that are perishable or have been irretrievably mixed with other goods after delivery.

8.3 Withdrawal from the contract of sale must be in writing and have all the requisites of a legal act, whereby the buyer is not obliged to state the reason for withdrawal. If the Buyer exercises the right to withdraw from the Purchase Contract, the withdrawal period shall be deemed to have been observed if the Buyer sends the Seller a notice of withdrawal during the withdrawal period.

8.4 Upon withdrawal, the purchase contract is cancelled from the beginning and the parties are obliged to return the benefits provided to each other, i.e. the Seller is obliged to return the purchase price paid to the Buyer, including the delivery costs received from the Buyer on the basis of the contract and the costs associated with the return of the goods, in the same manner no later than fourteen days after the withdrawal from the contract

8.5 If the Buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller shall reimburse the Buyer for the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery offered.

8.6 If the Buyer withdraws from the Contract of Sale, the Seller shall not be obliged to return the monies received to the Buyer until the Buyer has handed over the Goods to the Seller or proved that he has dispatched the Goods to the Seller.

9. Protection of personal data

9.1 The Buyer declares that all the information provided by the Buyer to the Seller for the purpose of delivery of the Goods is true and corresponds to the facts, and the Buyer is aware of any consequences arising from the falsity of this declaration.

9.2 The Seller declares that any personal data provided by the Buyer about him/her is necessary for the performance of the Purchase Contract and the legal obligations to which the Seller is subject and will only be used for such purposes and will not be disclosed, disclosed to a third party or otherwise misused. The Seller is obliged to comply with the relevant legal regulations when processing the Buyer's personal data.

9.3 Further information about the acquisition and processing of personal data and the Buyer's rights in connection therewith will be sent to the Buyer by e-mail without delay after the conclusion of the Purchase Agreement.

10. Final provisions

10.1 The Seller informs the Buyer that in the event of a consumer dispute, the Buyer is entitled to contact the Czech Trade Inspectorate (ČOI), which is the competent body for the out-of-court settlement of consumer disputes (ADR), at the Internet address www.coi.cz. The aim of the out-of-court settlement of consumer disputes is to reach an amicable settlement of the dispute and an agreement between the parties.

10.2 These terms and conditions shall come into force on 1 May 2020.

SAMPLE WITHDRAWAL FORM

(please fill in this form and send it if you wish to withdraw from the contract)

Notice of withdrawal

Šumavaprodukt s.r.o.

Pod Nebozízkem 389, 342 01 Sušice

Email: eshop@sumavaprodukt.cz

I/We hereby notify* that I/We hereby withdraw from the contract for the provision of the Goods:

Goods:

Identification code:

Date ordered Goods:

Your Name:

Your address:

Bank account number for refund of funds provided:

If you are sending a paper withdrawal, please attach your signature: _____________________

Date: