Terms of service

General Terms and Conditions

Basic Provisions

These general terms and conditions (hereinafter the "terms and conditions") are issued pursuant to § 1751 et seq. of Act No. 89/2012 Coll., the Czech Civil Code (hereinafter the "Civil Code")

Arhuacos s.r.o. IČ (Company ID): 06754635

with registered office at: U Klavírky 1351/8, Smíchov, 150 00 Praha 5, registered with the Municipal Court in Prague, file No. C 296175, contact address: Sládkova 7, Praha 7, 170 00

email: arhuacos.cafe@gmail.com

phone: +420 734 133 938 www.cafe-arhuacos.cz

(hereinafter the "seller")

These terms and conditions govern the mutual rights and obligations of the seller and a natural person who concludes a purchase contract outside their business activity as a consumer, or within their business activity (hereinafter: the "buyer"), via the web interface located on the website available at the internet address www.cafe-arhuacos.cz (hereinafter the

"online store").

The provisions of these terms and conditions form an integral part of the purchase contract. Any deviating arrangements in the purchase contract take precedence over the provisions of these terms and conditions.

These terms and conditions and the purchase contract are concluded in the Czech language.

II.

Information on Goods and Prices

Information about the goods, including the prices of individual goods and their main characteristics, is provided for each item in the catalogue of the online store. The seller is not a VAT payer. The prices of the goods are final and include all related fees and the costs of returning the goods where, by their nature, the goods cannot be returned by the usual postal route. The prices of the goods remain valid for as long as they are displayed in the online store. This provision does not preclude the conclusion of a purchase contract on individually agreed terms.

The entire presentation of goods placed in the catalogue of the online store is of an informative nature, and the seller is not obliged to conclude a purchase contract with respect to these goods.

Information on the costs associated with the packaging and delivery of the goods is published in the online store. The information on the costs associated with the packaging and delivery of the goods stated in the online store applies only in cases where the goods are delivered within the territory of the Czech Republic.

Any discounts on the purchase price of the goods cannot be combined with one another, unless the seller and the buyer agree otherwise.

III.

Order and Conclusion of the Purchase Contract

The costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the buyer. These costs do not differ from the basic rate.

The buyer places an order for goods in the following ways:

ï via their customer account, if they have previously registered

in the online store,

by filling in the order form without registration.

When placing an order, the buyer selects the goods, the number of items, and the method of payment and delivery.

Before submitting the order, the buyer is allowed to check and change the data entered in the order. The buyer submits the order to the seller by clicking the "Order" button. The data stated in the order are deemed correct by the seller. A condition of the validity of the order is the completion of all mandatory fields in the order form and the buyer's confirmation that they have read these terms and conditions.

Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address the buyer entered when ordering. This confirmation is automatic and is not considered the conclusion of a contract. The seller's current terms and conditions are attached to the confirmation. The purchase contract is concluded only upon acceptance of the order by the seller. Notice of acceptance of the order is delivered to the buyer's email address.

In the event that the seller cannot meet any of the requirements stated in the order, the seller will send the buyer an amended offer to the buyer's email address. The amended offer is considered a new proposal of the purchase contract, and in such a case the purchase contract is concluded by the buyer's confirmation of acceptance of this offer sent to the seller's email address stated in these terms and conditions.

All orders accepted by the seller are binding. The buyer may cancel an order until the notice of acceptance of the order by the seller has been delivered to the buyer. The buyer may cancel an order by telephone at the seller's telephone number or email stated in these terms and conditions.

In the event that an obvious technical error has occurred on the seller's side in stating the price of the goods in the online store or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this clearly erroneous price, even if the buyer has been sent an automatic confirmation of receipt of the order under these terms and conditions. The seller will inform the buyer of the error without undue delay and will send the buyer an amended offer to the buyer's email address. The amended offer is considered a new proposal of the purchase contract, and in such a case the purchase contract is concluded by the buyer's confirmation of acceptance sent to the seller's email address.

IV.

Payment Terms and Delivery of Goods

The buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:

cashless, by payment card or bank transfer, via the GoPay payment gateway

cash on delivery upon handover of the goods

in cash or by payment card upon personal collection at a parcel pickup point

Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise below, the purchase price is hereinafter understood to also include the costs associated with the delivery of the goods.

In the case of payment in cash, the purchase price is payable upon receipt of the goods.

In the case of payment via a payment gateway, the buyer proceeds according to the instructions of the relevant electronic payment provider.

In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's bank account.

The seller does not require any advance payment or other similar payment from the buyer in advance. Payment of the purchase price before dispatch of the goods is not an advance payment.

The seller will issue the buyer a proof of purchase.

The goods are delivered to the buyer:

to the address specified by the buyer in the order

via a parcel pickup point, to the address of the pickup point specified by the buyer,

The choice of delivery method is made during the ordering of the goods.

The costs of delivering the goods, depending on the method of dispatch and receipt of the goods, are stated in the buyer's order and in the seller's confirmation of the order. If the method of transport is agreed 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, under the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. If, for reasons on the buyer's side, the goods have to be delivered repeatedly or in a manner other than that stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with the other method of delivery.

Upon taking over 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, to notify the carrier immediately. If the packaging is found to be damaged in a way indicating unauthorised intrusion into the shipment, the buyer is not obliged to take over the shipment from the carrier.

The seller will issue an invoice to the buyer. The invoice is sent to the buyer's email address

The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but no earlier than upon taking over the goods. Responsibility for accidental destruction, damage or loss of the goods passes to

the buyer at the moment of taking over the goods, or at the moment the buyer was obliged to take over the goods but failed to do so in breach of the purchase contract.

Withdrawal from the Contract

A buyer who has concluded a purchase contract outside their business activity as a consumer has the right to withdraw from the purchase contract.

The withdrawal period is 14 days

from the day of taking over the goods,

from the day of taking over the last delivery of goods, where the subject of the contract is several types of goods or the delivery of several parts

from the day of taking over the first delivery of goods, where the subject of the contract is a regular

repeated delivery of goods.

The buyer may not, among other things, withdraw from a purchase contract:

for the provision of services, if they were performed with the buyer's prior express consent before the expiry of the withdrawal period and the seller informed the buyer before the conclusion of the contract that in such a case they have no right of withdrawal,

for the delivery of goods or services whose price depends on fluctuations in the financial market independent of the seller's will, which may occur during the withdrawal period,

for the delivery of alcoholic beverages which may only be delivered after thirty days and whose price depends on fluctuations in the financial market independent of the seller's will,

for the delivery of goods that have been modified according to the buyer's wishes or for the buyer personally,

for the delivery of goods liable to deteriorate rapidly, as well as goods that have, after delivery, been irreversibly mixed with other goods,

for the delivery of goods in sealed packaging which the buyer has removed from the packaging and which cannot be returned for hygiene reasons,

for the delivery of an audio or video recording or a computer program, if the buyer has broken their original packaging,

for the delivery of newspapers, periodicals or magazines,

for the delivery of digital content, if it was not delivered on a tangible medium and was delivered with the buyer's prior express consent before the expiry of the withdrawal period and the seller informed the buyer before the conclusion of the contract that in such a case they have no right of withdrawal,

in the other cases set out in § 1837 of the Civil Code.

To comply with the withdrawal period, the buyer must send the declaration of withdrawal within the withdrawal period.

To withdraw from the purchase contract, the buyer may use the model withdrawal form provided by the seller. The buyer sends the withdrawal from the purchase contract to the seller's email or delivery address stated in these terms and conditions. The seller will confirm receipt of the form to the buyer without delay.

A buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract. The buyer bears the costs

associated with returning the goods to the seller, even in the case where the goods, by their nature, cannot be returned by the usual postal route.

If the buyer withdraws from the contract, the seller will return to the buyer without delay, but no later than 14 days from the withdrawal from the contract, all funds, including delivery costs, received from the buyer, in the same manner. The seller will return the received funds to the buyer in a different manner only if the buyer agrees to it and if no additional costs arise for the buyer as a result.

If the buyer has chosen a method of delivery other than the cheapest method of delivery offered by the seller, the seller will reimburse the buyer for the costs of delivering the goods in the amount corresponding to the cheapest offered method of delivery.

If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer hands over the goods to the seller or proves that they have dispatched the goods to the seller.

The buyer must return the goods to the seller undamaged, unworn and unsoiled and, if possible, in the original packaging. The seller is entitled to unilaterally set off a claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.

The seller is entitled to withdraw from the purchase contract due to the stock being sold out, the unavailability of the goods, or where the manufacturer, importer or supplier of the goods has discontinued the production or import of the goods. The seller will inform the buyer without delay via the email address stated in the order and will return, within 14 days of the notice of withdrawal from the purchase contract, all funds, including delivery costs, received from the buyer under the contract, in the same manner or in a manner specified by the buyer.

VI.

Rights Arising from Defective Performance

The seller is liable to the buyer for the goods being free of 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 such an agreement, the characteristics described by the seller or the manufacturer or expected by the buyer with regard to the nature of the goods and the advertising carried out by them,

the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,

the goods correspond in quality or workmanship to the agreed sample or specimen, where the quality or workmanship was determined according to an agreed sample or specimen,

the goods are in the corresponding quantity, measure or weight, and

the goods comply with the requirements of legal regulations.

If a defect becomes apparent within six months of the buyer taking over the goods, the goods are deemed to have been defective already upon receipt. The buyer is entitled to exercise the right arising from a defect that occurs in consumer goods within twenty-four months of receipt. This provision does not apply to goods sold at a lower price on account of the defect for which the lower price was agreed, to wear and tear caused by the ordinary use of the goods, in the case of used goods to a defect corresponding to the degree of

use or wear the goods had when taken over by the buyer, or where this follows from the nature of the goods.

If a defect occurs, the buyer may submit a claim to the seller and request:

an exchange for new goods,

a reasonable discount on the purchase price,

to withdraw from the contract.

The buyer has the right to withdraw from the contract, ï if the goods have a substantial defect,

ï if the buyer cannot properly use the item due to the repeated occurrence of a defect or defects after repair,

ï in the case of a larger number of defects in the goods.

The seller is obliged to accept a claim at any of its premises where accepting the claim is possible, or at its registered office or place of business. The seller is obliged to issue the buyer a written confirmation of when the buyer exercised the right, what the content of the claim is and which method of settling the claim the buyer requests, as well as a confirmation of the date and method of settling the claim, including confirmation of the repair and its duration, or, as the case may be, a written justification of the rejection of the claim.

The seller or an employee authorised by the seller will decide on the claim immediately, in complex cases within three business days. This period does not include the time, reasonable with regard to the type of product or service, needed for an expert assessment of the defect. The claim, including the removal of the defect, must be settled without undue delay, no later than 30 days from the day the claim was made, unless the seller and the buyer agree on a longer period. The expiry of this period without result is considered a substantial breach of contract, and the buyer has the right to withdraw from the purchase contract. The moment the claim is made is considered to be the moment the buyer's expression of will (exercise of the right arising from defective performance) reaches the seller.

The seller will inform the buyer in writing of the outcome of the claim.

The buyer is not entitled to the right arising from defective performance if the buyer knew before taking over the item that it was defective, or if the buyer caused the defect themselves.

In the case of a justified claim, the buyer has the right to reimbursement of the costs reasonably incurred in connection with making the claim. The buyer may exercise this right against the seller within one month after the expiry of the warranty period.

The choice of the method of claim settlement rests with the buyer.

11. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by

§§ 1914 to 1925, §§ 2099 to 2117 and §§ 2161 to 2174 of the Civil Code and by Act No. 634/1992 Coll., on Consumer Protection.

VII.

Delivery of Correspondence

The contracting parties may deliver all written correspondence to each other by electronic mail.

The buyer delivers correspondence to the seller at the email address stated in these terms and conditions. The seller delivers correspondence to the buyer at the email address stated in the buyer's customer account or in the order.

VIII.

Out-of-Court Dispute Resolution

The Czech Trade Inspection Authority (Česká obchodní inspekce), with registered office at Štěpánská 567/15, 120 00 Praha 2, IČ (Company ID): 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court resolution of consumer disputes arising from the purchase contract. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr may be used to resolve disputes between the seller and the buyer arising from the purchase contract.

The European Consumer Centre Czech Republic, with registered office at Štěpánská

567/15, 120 00 Praha 2, 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 consumer online dispute resolution).

The seller is authorised to sell goods on the basis of a trade licence. Trade inspection is carried out, within the scope of its competence, by the relevant trade licensing office. The Czech Trade Inspection Authority carries out, within a defined scope, supervision of compliance with Act No. 634/1992 Coll., on Consumer Protection, among other things.

IX.

Final Provisions

All arrangements between the seller and the buyer are governed by the law of the Czech Republic. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship is governed by the law of the Czech Republic. This is without prejudice to the consumer's rights arising from generally binding legal regulations.

The seller is not bound by any codes of conduct in relation to the buyer within the meaning of § 1826(1)(e) of the Civil Code.

All rights to the seller's website, in particular the copyright to the content, including the page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the seller. It is prohibited to copy, modify or otherwise use the website or any part of it without the seller's consent.

The seller is not liable for errors arising as a result of third-party interference with the online store or as a result of its use contrary to its intended purpose. When using the online store, the buyer must not use procedures that could have a negative effect on its operation and must not carry out any activity that could enable the buyer or third parties to interfere without authorisation with, or make unauthorised use of, the software or

other components making up the online store, or use the online store or its parts or the software in a manner that would be contrary to its intended purpose.

The buyer hereby assumes the risk of a change of circumstances within the meaning of § 1765(2) of the Civil Code.

The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

The seller may amend or supplement the wording of the terms and conditions. This provision is without prejudice to the rights and obligations arising during the period of effect of the previous wording of the terms and conditions.

A model withdrawal form is attached to these terms and conditions.

These terms and conditions take effect on 3 July 2018