Terms and Conditions of Father’s Coffee Roastery s.r.o. with registered office at Mitrovická 128/66, Ostrava 72400 identification number: 06533604 registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, Insert 72270
I. INTRODUCTORY PROVISIONS
These Terms and Conditions (hereinafter referred to as “Terms and Conditions”) govern the mutual rights and obligations of the parties arising in connection with or pursuant to a purchase contract (hereinafter referred to as “Purchase Contract”) concluded between the Seller and the Buyer (hereinafter referred to as “Buyer”) through the Seller’s online store.
The Seller – Czech specialty coffee roastery Father’s Coffee Roastery s.r.o., ID No. 06533604, with its registered office at Mitrovická 128/66, Ostrava 72400 is a company registered in the Commercial Register maintained by the Regional Court in Ostrava in Section C, Insert 72270, engaged in the sale of roasted coffee, coffee brewing equipment and customized aprons.
The buyer is a consumer or entrepreneur.
A consumer is any person who, outside the scope of his business activity or outside the scope of the independent exercise of his profession, enters into a contract with the seller or otherwise deals with him. An entrepreneur is a person who independently carries on, on his own account and responsibility, a gainful activity by trade or similar means with the intention of doing so on a continuous basis for profit. For the purposes of consumer protection, an entrepreneur includes, inter alia, any person who concludes
contracts in connection with his or her own business, manufacturing or similar activity or in the independent exercise of his or her profession, or any person who acts in the name of or on behalf of an entrepreneur. For the purposes of the Terms and Conditions, an entrepreneur means a person who acts in accordance with the preceding sentence in the course of his business.
If the contracting party is an entrepreneur, relations not regulated by the Terms and Conditions shall be governed by the Commercial Code, Act No. 513/1991 Coll., as amended.
II. USER ACCOUNT
Based on the buyer’s registration made on the website, the buyer can access his user interface. From his user interface, the Buyer can order goods (hereinafter referred to as “user account”). The Buyer can also order goods without registration directly from the web interface of the shop.
When registering on the website and when ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the information provided in the user account whenever it changes. The information provided by the Buyer in the user account and when ordering goods is considered correct by the Seller.
Access to the user account is secured by a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his user account.
The Buyer is not entitled to allow third parties to use the user account.
The Seller may terminate the user account, in particular if the Buyer has not used the user account for more than 5 years or if the Buyer breaches its obligations under the Purchase Agreement (including the Terms and Conditions).
The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Seller’s hardware and software equipment or necessary maintenance of third party hardware and software equipment.
III. ENTERING THE PURCHASE CONTRACT
All presentation of the goods placed in the web interface of the shop is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. Section 1732(2) of the Civil Code shall not apply.
The web interface of the shop contains information about the goods, including the prices of the individual goods. The prices of the goods are inclusive of value-added tax and all related charges. The prices of the goods remain valid for as long as they are displayed on the web interface of the shop. This provision does not limit the seller’s ability to conclude a purchase contract on individually agreed terms.
The web interface of the shop also contains information on the costs associated with the delivery and packaging of goods in cases where the goods are delivered within the Czech Republic or abroad.
To order goods, the buyer fills in the order form on the web interface of the shop. The order form contains in particular information about:
billing and delivery data (name and surname, company, VAT number, address, telephone contact and email address)
the goods ordered (the goods ordered are “inserted” by the buyer into the electronic shopping cart of the web interface of the shop),
the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods, and
information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the “order”).
The Order must contain the necessary information for its proper processing, dispatch and delivery to the carrier. This information is marked with a red asterisk as a mandatory field in the order form.
Before the order is sent to the Seller, the Buyer is allowed to check and change the data entered by the Buyer in the order, including with regard to the Buyer’s ability to detect and correct errors arising from the data entered in the order. The Buyer shall send the order to the Seller by clicking on the “Pay” button. The data provided in the order are considered correct by the Seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt of the order by email to the Buyer’s email address specified in the user account or in the order (hereinafter referred to as the “Buyer’s email address”).
Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (e.g. in writing or by telephone).
The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer’s electronic mail address. The acceptance of the order includes the current version of the terms and conditions.
The resulting contract (including the agreed price) may only be amended or cancelled by agreement of the parties or on the basis of legal grounds, unless otherwise stated in the terms and conditions. The Buyer may cancel or modify an order that has already been sent until it is deemed to have been settled, i.e. dispatch or personal collection of the ordered goods by the Buyer has taken place. If the Buyer wishes to cancel the order, this can be done in the following ways:
by email to info@fathers.cz or
by phone at +420736632977 (on working days from 8 am to 4 pm).
If the cancellation or modification results in a reduction in the total price of an order already paid for, the Seller undertakes to contact the Buyer immediately in order to agree on a refund method. If the Buyer wishes to cancel the order after the goods have been dispatched, the procedure shall be as set out in clause 5.
The Buyer agrees to the use of remote means of communication in concluding the Purchase Contract. The costs incurred by the Buyer in using distance communication means in connection with the conclusion of the purchase contract (internet connection costs, telephone call costs) shall be borne by the Buyer himself and shall not differ from the basic rate.
The Buyer acknowledges that there may be cases where the contract between the Seller and the Buyer is not concluded, in particular if the Buyer orders goods at a price published in error due to an error in the Seller’s internal information system. In such a case, the Seller shall inform the Buyer of such fact.
The Seller reserves the right to declare the Purchase Contract null and void if there has been misuse of personal data, misuse of credit card, etc., or due to the intervention of an administrative or judicial authority, the Buyer will be informed of such procedure. The Buyer acknowledges that in these cases the purchase contract cannot be validly concluded.
IV. PRICE OF GOODS AND PAYMENT TERMS
The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the Purchase Contract to the Seller in the following ways:
in cash upon personal collection at the Seller’s premises at Mitrovická 128/66, Ostrava 72400
in cash on delivery at the place specified by the buyer in the order (cash is taken from the customer by the carrier – the buyer pays the so-called delivery charges – see point 6 of the terms and conditions);
by wire transfer to the Seller’s account No. 2101316150/2010, kept at Fio banka, a.s. (hereinafter referred to as the “Seller’s account”). The goods will be ready for personal collection or shipped only after the total amount of the order has been credited to the Seller’s account. In the event of non-payment of this amount by the Buyer within the due date (failure to credit the Seller’s account within 10 days from the creation of the order), the order will be automatically cancelled;
payment by invoice with due date (only for entrepreneurs by individual agreement with the seller);
cashless payment via PayPal. If you have a PayPal account, payment is very fast and hassle-free. Once you have placed an order with our store, you are automatically redirected to the PayPal login screen. After logging into your account, check your order total and shipping address. Then pay the order. The money is credited to our account immediately. Your order can be processed immediately;
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 delivery of the goods.
The Seller shall require the Buyer to pay the purchase price before the Buyer takes delivery of the goods or to pay a deposit 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 of the goods in advance.
In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 10 days of the conclusion of the purchase contract.
In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of non-cash payment, the Buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller’s account.
The Seller shall be entitled, in particular in the event that the Buyer fails to confirm the order subsequently (Article 3.7), to require payment of the full purchase price before the goods are dispatched to the Buyer. Section 2119 (1) of the Civil Code shall not apply. Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
If it is customary in the course of business or if provided for by generally binding legal regulations, the Seller shall issue a tax document – invoice – to the Buyer in respect of payments made under the Purchase Contract. The Seller shall be liable for value-added tax. The Seller shall issue the tax document – invoice to the Buyer after payment of the price of the goods and send it in the electronic form to the Buyer’s electronic address. The Buyer’s billing information cannot be changed after the order has been shipped.
V. WITHDRAWAL FROM THE PURCHASE CONTRACT
The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from, among other things, a contract of sale for the
supply of goods that have been modified according to the wishes of the Buyer or for his person, from a contract of sale for the supply of perishable goods, as well as goods that have been irreversibly mixed with other goods after delivery, from a contract of sale for the supply of goods in sealed packaging that the consumer has removed from the packaging and cannot be returned for hygienic reasons.
Unless the case referred to in Article 5.1 of the Terms and Conditions or any other case in which the purchase contract cannot be withdrawn from, the buyer – consumer has the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods in accordance with the provisions of Section 1829(1) of the Civil Code, whereby if the subject of the purchase contract is several types of goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of goods. In the case of a contract of sale involving regular repeated deliveries of the same goods, the withdrawal period shall run from the date of receipt of the first delivery. The withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. The Buyer may send the withdrawal from the Purchase Contract to the Seller’s business address or to the Seller’s e-mail address info@fathers.cz.
In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The goods must be returned to the Seller within fourteen (14) days of the withdrawal from the contract. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.
In the event of withdrawal from the contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer’s withdrawal from the Purchase Contract. The Seller shall also be entitled to return the performance provided by the Buyer upon return of the goods by the Buyer or in another way, provided that the Buyer agrees to this and no additional costs are incurred by the Buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.
The Seller is entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer’s claim for reimbursement of the purchase price.
In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time until the buyer takes delivery of the goods. In this case, the Seller shall refund the purchase price to the
Buyer without undue delay, in cash to the account designated by the Buyer.
If a gift is given to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the purchase contract, the gift contract with respect to such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods to the Seller. The Seller reserves the right to cancel the order or part of it before the conclusion of the purchase contract if:
the goods are no longer manufactured,
the supplier’s price of the relevant goods has increased significantly.
In the event that this situation arises, the Seller undertakes to contact the Buyer immediately in order to agree on further action.
In the case of special order goods or goods that are out of stock, the Seller shall confirm the price and the new delivery date to the Buyer in advance by telephone/email. If the buyer does not agree to such a change, the order is not confirmed and the order is not executed. If the buyer has already paid part or all of the purchase price, this amount will be transferred back to the buyer’s account.
VI. TRANSPORT AND DELIVERY OF GOODS
The Seller provides or arranges the following delivery methods:
Personal collection – Mitrovická 128/66, Ostrava 128/66
We always recommend contacting the roastery by phone (+420736632977) first. Personal collection can be made if you choose to pay in cash on the spot, pay by PayPal or pay by credit card in advance. In the case of payment by bank transfer, the goods will be ready for personal collection only after confirmation of receipt of payment to the seller’s account.
sending by transport service in the Czech Republic – Czech Post (Parcel in hand, Parcel in hand with cash on delivery)
Delivery via this carrier usually takes 24 hours (from the dispatch of the ordered goods) according to standard shipping conditions.
Shipping by the shipping service in the Czech Republic and Slovakia – DPD (Normal parcel, Normal parcel with cash on delivery, Private parcel, Private parcel with cash on delivery)
Delivery via this carrier normally takes 24 hours (from the dispatch of the ordered goods) according to the standard shipping conditions. Delivery to Slovakia usually takes 1-2 working days (from dispatch of the ordered goods).
When choosing this delivery method, the buyer is obliged to provide a telephone contact in the online order in order to confirm the delivery date of the selected carrier. In the case of the chosen method of payment by cash on delivery, the buyer shall pay the total invoiced amount to the carrier in cash or by credit card upon receipt of the goods through the cash on delivery service, including a fee for the time of delivery.
shipping by shipping service to EU countries (only listed countries) – DPD
Delivery usually takes 3-14 working days (from dispatch of ordered goods) according to standard shipping conditions.
electronically – in case of ordering a gift certificate or confirmation of the ordered course Dispatch – Preparation for dispatch refers to the time required to complete all formalities in connection with the handover of the ordered goods to the carrier or to the buyer (in the case of personal collection), at the buyer’s choice. Dispatch then means the transfer of the ordered goods by the seller to the carrier. The preparation for dispatch as well as the dispatch itself takes place within working days.
The Seller shall prepare the goods in stock for dispatch within 3 working days after receipt of the electronic order, otherwise according to the individually agreed delivery time of the requested item.
Shipment tracking – If the buyer chooses the method of shipment via Czech Post or DPD, he can track the shipment online using the Track and Trace system at any time after receiving information from the seller about the shipment of the goods. The email informing the buyer that the goods have been dispatched contains a tracking number. Tracking the shipment is possible directly from the customer’s account or through the carriers’ websites.
The current valid shipping rates are displayed at checkout when you select a shipping address. All shipping rates are contractual and the current valid rates are always listed. Shipping prices valid from 1.1.2018. Prices are subject to change.
If you order goods worth CZK 1.000,- (excluding VAT) or more, we do not charge shipping costs within the Czech Republic. The postage is charged.
Any further exemption from postage within the Czech Republic is possible on the basis of individual agreements between the seller and the buyer and depending on the nature of the products, goods or services supplied.
We do not charge packing or other fees.
In the event that the method of transport is agreed upon on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
If the seller is obliged under the contract of sale to deliver the goods to the place
specified by the buyer in the order, the buyer is obliged to take delivery of the goods on delivery. The place of delivery shall be the delivery address specified by the Buyer in the electronic order.
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, or the costs associated with a different method of delivery.
Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects notify the carrier immediately. In the event of a breach of the packaging indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier.
An incomplete or damaged shipment must be reported immediately by e-mail to info@fathers.cz or, a damage report must be drawn up with the carrier and sent to the Seller without undue delay. An additional complaint of incompleteness or external damage to the shipment does not deprive the buyer of the right to claim the item, but gives the seller the opportunity to prove that there is no breach of the purchase contract.
In the case of picking up an order that has been prepaid online, the Seller or its contractual partner may require proof of identification (ID or passport) in order to prevent damage and to prevent the laundering of proceeds of crime. Without the presence of one of these documents, the Seller or its contractual partner may refuse to deliver the goods.
Goods purchased by a legal entity buyer will only be handed over to the legal entity’s statutory body or to a person who can prove that he/she has a certified power of attorney. Goods purchased by a self-employed buyer will be handed over only upon presentation of a valid identification card (ID card or passport).
If the buyer does not collect the ordered goods within 10 days of their dispatch, without prior cancellation of the order, he/she shall bear the costs incurred in the production and dispatch of these goods. This is without prejudice to the consumer’s right not to take delivery of the goods due to a breach of the purchase contract. Goods not collected by the buyer may be used by the seller at his discretion. This provision is without prejudice to the seller’s right to recover and charge the buyer for costs relating to the uncollected order.
In the case of ordering a gift certificate, the gift certificate is delivered after the payment for the order has been credited to the Seller’s bank account and the order is subsequently shipped electronically. The Buyer prints the certificate himself, while the
costs associated with printing are fully borne by the Buyer.
The order for the course or certification is confirmed to the Buyer after the payment for the order has been credited to the Seller’s bank account in electronic form, by sending a proof of payment (tax receipt) and confirmation of enrolment in the course/certification. The coffee subscription order is confirmed to the Buyer by sending the order payment receipt (tax receipt), which is issued on the basis of the payment credited to the Seller’s bank account. Delivery of the order occurs, depending on the type of coffee subscription selected, at the beginning of each calendar month until the number of months of the selected coffee subscription is fulfilled.
VII. RIGHTS FROM DEFECTIVE PERFORMANCE
The rights and obligations of the contracting parties with regard to the rights of defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
The Seller shall be 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 took over the goods:
the goods have the characteristics agreed between the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,
the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
the goods are in the appropriate quantity, measure or weight; and
the goods comply with the requirements of the legislation.
The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price to the defect for which the lower price was agreed, to wear and tear caused by normal use of the goods, to a defect in used goods corresponding to the level of use or wear and tear which the goods had when taken over by the buyer, or if this is apparent from the nature of the goods.
If the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective on receipt. The buyer shall be entitled to exercise the right to claim a defect which occurs in consumer goods within twenty-four months of receipt. The Buyer shall assert the rights arising from defective performance at the Seller’s business address where the acceptance of the claim is possible with regard to the range of goods sold.
The buyer shall not be entitled to the right of defective performance if the buyer knew before taking over the goods that the goods were defective or if the buyer himself caused the defect.
The buyer is also entitled to the delivery of a new item or the replacement of a part in the case of a removable defect if he cannot use the item properly due to the recurrence of the defect after repair or due to a greater number of defects. In this case, the buyer also has the right to withdraw from the contract.
If the buyer has not announced the defect without undue delay after he could have discovered it with timely inspection and sufficient care, the court shall not grant him the right of defective performance. In the case of a latent defect, the same shall apply if the defect was not announced without undue delay after the buyer could have discovered it with reasonable diligence, but at the latest within two years after the delivery of the goods.
Other rights and obligations of the parties relating to the seller’s liability for defects are regulated by the seller’s Complaints Procedure.
VIII. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
The Buyer acquires ownership of the Goods upon payment of the full purchase price of the Goods.
The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: http://www.coi.cz, is competent for the out-of-court settlement of consumer disputes arising from the purchase contract. If an out-of-court dispute resolution is not possible, the Seller recommends that the Buyer first contact the Seller to resolve the situation.
The Seller is authorised to sell goods on the basis of a trade license. Trade control is carried out by the competent trade office. Supervision of the protection of personal data is carried out by the Office for Personal Data Protection. The Czech Trade Inspection
Authority supervises, among other things, compliance with Act No 634/1992 Coll., on Consumer Protection, as amended.
The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
COMMUNICATION
The Buyer may be contacted at the Buyer’s electronic address.
IX. COFFEE SUBSCRIPTION
The coffee subscription is based on the principle of regular monthly shipments of freshly roasted coffee for a period of 4, 6 or 12 months, according to the buyer’s choice.
The coffee subscription is sent at the beginning of each calendar month within the Czech Republic and Slovakia. There is no postage or packaging charge for individual subscription shipments. Subscriptions can be suspended for any period of time (holidays, vacations) by agreement. The buyer is obliged to notify the seller of changes in the delivery data (address, phone number, email address) during the subscription. The deadline for processing newly ordered subscriptions, as well as changes to subscriptions already purchased, is the 25th calendar day of the month, before the next subscription is shipped. Notifications of any changes to subscriptions can be sent to info@fathers.cz
You will always be notified of the shipment by an email newsletter that includes details about the coffee and its preparation.
X. ELECTRONIC REGISTRATION OF SALES
According to the Revenue Registration Act, the seller is obliged to issue a receipt to the buyer. He is also obliged to register the sales received with the tax authorities online; in the event of a technical error, within 48 hours at the latest.
XI. FINAL PROVISIONS
If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer’s rights under generally binding legislation.
If any provision of the terms and conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible
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