Additional Business terms during a Covid-19 Emergency
Due to the current emergency due to the spread of Covid-19, PHK is adapting the general conditions to minimize physical contact between the Buyer and the courier during the transfer of the purchase and thus reduce the risk of the spread of this disease. The provisions of these additional terms and conditions (hereinafter referred to as "GTC") take precedence over the General Terms and Conditions of PHK (hereinafter referred to as "GTC"). Other facts not regulated by these DUs continue to be regulated by the GTC. Abbreviations, that is, words beginning with an uppercase letter, have the same meaning as in the SDC where they are defined. These DUs are valid and effective until they are recalled by PHK.
I. Pay in advance online only Due to the minimization of physical contact between the Customer and the courier, it is possible to temporarily pay the purchase price only after completing the Order with a cashless payment card (VISA, MasterCard, AMEX) through secure payment gateway Stripe, i.e. the possibility of paying the purchase price is temporarily suspended only for delivery in cash / card / food coupons. II. Quarantined clients If the Client is isolated due to infection with Covid-19, or is in quarantine, or believes that he may be infected with this disease, he undertakes to notify PHK, indicating this in a note, before executing the Order. In order to minimize contact between the Client who is in isolation / quarantine / potentially infected, KOŠK temporarily suspends the acceptance of all returnable packaging from these persons.
General Terms and Conditions
The General Terms and Conditions ( “GTC” ) of the portal www.praguehomemadekitchen.com are developed, registered and operated by the commercial company Old Square Bar 1401, IČ: 08713375, with its registered office at Melantrichova 970/17, Staré Město, 110 00 Praha, entered in the Commercial Register of the Municipal Court in Prague, section C, insert 323480 (hereinafter referred to as "PHK") for the purchase of goods and / or services on the Internet portal www.praguehomemadekitchen.com (hereinafter referred to as "GTC").
I. Introductory provisions - services - description, changes in the business environment 1.1. These GTC PHK regulate, in particular, the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a contract for a limited time purchase of goods and / or use of CART services (hereinafter the "Agreement") concluded between PHK and the buyer ("Client ») Who buys through the portal www.praguehomemadekitchen.com or intends to purchase from PHK the services and / or goods offered on the aforementioned Internet portal. 1.2. These GTCs are intended solely for the purchase of goods by the Customer (end user) for direct consumption (i.e., are intended solely for the conclusion of consumer contracts). The purchase of goods for commercial purposes, for example, for their resale, on the Internet portal www.praguehomemadekitchen.com is not possible (especially for alcoholic and / or tobacco products). 1.3. Provisions deviating from the General Conditions may be changed in the offer of goods and / or services of PHK promoted on the Internet portal www.praguehomemadekitchen.com . Such possible deviations from the rules take precedence over these General Conditions. 1.4. The provisions of these GTCs are an integral part of the Contract. The contract and the GTC are drawn up in Czech. The contract is concluded only in the Czech language and after its conclusion is archived in the PHK and is not available for the Customer. 1.5. PHK can unilaterally change or supplement the wording of the GTC. This provision does not affect the rights and obligations arising during the term of the previous version of the GTC. PHK informs the Clients about the change in the GTC on the Internet portal www.praguehomemadekitchen.com or in another suitable way so that the Client can familiarize himself with the current edition of the GTC without undue difficulty.
II. Conclusion of an agreement between PHK and the customer 2.1. PHK on the Internet portal www.praguehomemadekitchen.com promotes services / goods, including the cost of services and / or goods offered. Prices for the offered goods and / or services are indicated inclusive of value added tax. 2.2. The possibility of concluding an Agreement for goods and / or services of PHK on favorable terms and the declared price (in case of loyalty and other promotions) remains in force for the period specified on the Internet portal www.praguehomemadekitchen.com and subject to the conditions specified in the special offer on the Internet portal www.praguehomemadekitchen.com. 2.3. The goods and / or services ordered by the Customer on the Internet portal www.praguehomemadekitchen.com are hereinafter referred to as the "Purchase" for the purpose of concluding the Agreement and exercising the rights and obligations under the Agreement, as well as for the purposes. of these GTCs. 2.4. The customer is especially aware of the following obligations towards PHK and therefore guarantees the following: a) is completely self-sufficient, especially taking into account age, or represented by a legal representative, b) if he is under 18 years old, he will not order on the Internet portal www.praguehomemadekitchen.com such goods and / or services, the condition for the use of which is the minimum age of 18 years, c) all data provided in PHK is true, complete, accurate and correct, d) paying the price for the Purchase, does not bypass or violate the rights of third parties and has the right to use the financial resources used to pay for the Purchase, e) before using the internet portal www.praguehomemadekitchen.com, he carefully read these General Terms and Conditions so that he understands and agrees with them, f) does not buy goods on the Internet portal www.praguehomemadekitchen.com as an entrepreneur or for an entrepreneur, and does not resell them to third parties (especially alcoholic and / or tobacco products). 2.5. To conclude the Agreement, the Client chooses the required number of goods and / or services offered and the address to which the Purchase will be delivered to him, and, possibly, provides information important for the delivery of the ordered goods (hereinafter referred to as the "Procedure"). The purchase price of the goods in the Order is at least 1000 CZK (including VAT), but may vary depending on the region - the current prices can be found at www.praguehomemadekitchen.com - and without delivery charges in accordance with clause 6.5 of Article 6 of these General Conditions. The maximum order weight is 70 kg. 2.6. Before sending the Order, the Client is allowed to check and change the data that he entered into the Order, including with respect to the Client's ability to detect and correct errors made when entering data into the Order. Customer sends the order to the PHK by clicking the "Complete order" button. The data specified in the Order is considered correct by sending it. PHK immediately after receiving the Order confirms to the Buyer that he has received the Order, to the email address specified by the Client in the Order. 2.7. PHK always has the right, depending on the nature of the Customer's Order, to request additional confirmation of the Order (for example, in writing or by phone). 2.8. The purchase and sale agreement between PHK and the Customer consist in the transfer of goods from the Order to the Customer or his representative. In addition to the Client or his representative, the goods can also be accepted on behalf of the Client by an individual over 18 years old who lives in an apartment or other premises at the Client's address and who reliably proves his identity to the person transferring the goods to the Client in PHK. 2.9. In order to conclude a sales contract, the Customer will never require the issuance of a tax document in accordance with Act No. 235/2004 Coll., On value added tax, as amended, upon transfer of goods, since the Customer has the right during the transfer of a consignment of goods from Contract or cancel the Order or part of it (see below) and, therefore, do not delete for certain goods (the contract is concluded only upon receipt of the goods), the tax document will need to be corrected on the spot, at the time of receipt and delivery of the goods this is technically and temporarily impossible. For this reason, the Customer will only be provided with an invoice with a list of the purchased goods and their price. The tax document can be downloaded from the customer profile on the internet portal www.praguehomemadekitchen.com. 2.10. PHK has the right to check the age of the Client by his identity card. If the required age of the Client is not proven, PHK has the right to refuse to conclude the Agreement and demand reimbursement of wasted costs in connection with the Order. 2.11. The client acknowledges that PHK is not obliged to enter into an Agreement, in particular, with persons who have previously materially violated the Agreement (including the GTC) and / or the terms of use of the Internet portal www.praguehomemadekitchen.com . 2.12. The customer agrees to use the means of remote communication when concluding the Agreement. The expenses incurred by the Customer when using the means of remote communication in connection with the conclusion of the Agreement (expenses for connecting to the Internet, expenses for telephone calls, etc.) shall be borne by the Customer himself.
III. Modification and cancellation of order 3.1. The order is obligatory for the Customer from the moment of its registration on the Internet portal www.praguehomemadekitchen.com, its change is possible only if PHK calls the Customer by phone with the fact that the ordered goods are no longer in stock. Cancellation of orders is possible via the Internet portal www.praguehomemadekitchen.com no later than 20:00 on the day preceding the delivery of the goods. On the day of delivery, the Customer can change (and only with the explicit consent of PHK) only the delivery time or delivery address. From the moment when the goods have already been sent to the Customer, it is impossible to cancel the Order or change the address or delivery time. 3.2. The Client is obliged to indicate the Order number, the date of the Order and the invoice number for the return of the Purchase Price in the event of a change or cancellation of the Order. 3.3. In case of cancellation of the Order in accordance with the above, the already paid Purchase deposit will be transferred to the Buyer's account indicated in the cancellation of the Order (if the cancellation does not contain such information, then to the account from which the payment was made. Was made to pay the purchase price), and if PHK has already sent the goods, the Client is obliged to pay a cancellation fee in the amount of the purchase price of the goods from the Order, to which PHK is entitled to offset the corresponding part of the purchase price.
IV. Security 4.1. During registration, the Client is asked to create a password for his account. The customer is obliged to keep this password confidential and not to pass it on to other people. The customer is fully responsible for all actions taken from his account. 4.2. The client is obliged to immediately inform PHK if he has any suspicions of misuse or disclosure of his password to third parties. In case of reasonable fears that the Service is being used or may be used for other purposes, PHK has the right to block the Client's account or ask him to change his password. PHK is not liable to the Client for losses incurred as a result of disclosure or misuse of his password.
V. Termination of the contract and claims for goods 5.1 Complaint about goods. The client is obliged to immediately check the delivered goods from the Order and immediately report any deficiencies in the PHK to confirm the delivery of the goods. If the goods (especially food products), upon transfer to the Customer, will have defects, as a result of which they cannot be used for their intended purpose (for obvious reasons, for example, expired), we will return the goods. immediately to the appropriate person who transferred them to him in the PHK. The customer agrees that, given the nature of the goods, the fact that he did not complain about obvious defects in the goods upon delivery (for example, 5.2. Termination of an agreement. In accordance with the provisions of Article 1829 of Act No. 89/2012 Coll., Civil Code as amended (hereinafter “Civil Code”), the Customer has the right to withdraw from the Agreement within 14 days from the date of receipt of the goods. In case of cancellation of the Agreement, the Customer is obliged to immediately transfer the goods to the person who transferred them to him in PHK, and if this is not possible, he is obliged to notify PHK of withdrawal from the Agreement by telephone or via the Internet portal www.praguehomemadekitchen.com, identify the goods and the defect , and then agree by phone or e-mail on the resolution of the relevant claim (termination of the contract). In the event of withdrawal from the contract, the Customer bears the costs of returning the goods if these goods cannot be returned by their nature by regular mail. 5.3. If the Customer withdraws from the contract, PHK will return to him without undue delay, no later than fourteen days from the date of withdrawal from the contract, all funds, including delivery costs, that he received from him under the contract in the same way. PHK will return the received money to the consumer in another way only if the Client has given his consent and will not incur additional costs. If the Customer has chosen a delivery method other than the cheapest delivery method offered by PHK, PHK will refund the Customer the cost of delivery of goods in an amount corresponding to the cheapest of the proposed delivery methods. PHK will reimburse the Customer for the costs associated with the return of the goods, if he has not notified the Customer of the obligation to bear these costs in accordance with the provisions of § 1820, para. GRAM). If the Client withdraws from the purchase and sale agreement, PHK is not obliged to return the funds received to the Client before the Client transfers the goods or proves that he has sent the goods to PHK. PHK will accept the goods from the Client at his home at his own expense, if the Client withdraws from the contract concluded outside the usual business for PHK, the goods were delivered to the Client's house at the time of the conclusion of the contract and the nature of the goods does not allow sending it by regular mail. PHK is not obliged to return the received funds to the Client before the Client transfers the goods or proves that he has sent the goods to PHK. 5.4. The buyer is responsible for any reduction in the value of the goods that has arisen as a result of handling these goods in a different way than is necessary for handling them taking into account their nature and properties. 5.5. In accordance with the provisions of § 1837 letters e), g) of the Civil Code, withdrawal from the Agreement is not possible for goods (food) subject to rapid destruction (for example, fruits, vegetables or food of animal origin, or for goods (for example, food) which cannot be reused for hygiene purposes). reasons or goods already used (for example, if the Customer damages the protective packaging of the goods or if it breaks the protective seal, or if other contamination of the goods (for example, food) may occur.
VI. Purchase price and payment terms 6.1. The purchase price and any other expenses under the Agreement are paid in the form of a deposit after the completion of the Order, and the Client can pay them only with a non-cash payment card VISA, MasterCard, American Express (hereinafter the "Deposit"). Before the Deposit of the Purchase Value is paid, PHK is not obliged to send the goods from the Order to the Buyer. The purchase price can also be paid through the Stripe payment processor. If you use the Stripe method, you agree to Stripe's terms of business and the processing of your personal data by Stripe, more information on this processing of personal data here. 6.2. The purchase price is paid upon delivery of the goods from the Order. The Deposit will be used to pay for the purchase price, and any overpayment will be returned to the Client to the account from which he made the Deposit; overdue debt the Customer does not pay. The Customer's obligation to pay the purchase price is fulfilled at the time the corresponding amount is credited to the account in accordance with the Agreement or in accordance with these General Terms and Conditions. 6.3. PHK issues a tax document to the Client without undue delay after payment of the price and transfer of the Purchase to the Client's e-mail address or for uploading to his profile on the Internet portal www.praguehomemadekitchen.com. 6.4. Through the Internet portal www.praguehomemadekitchen.com, the client has the opportunity to order only a certain number of units of goods (especially fruits and vegetables - for example, piece fruits - apples, etc.) Instead of weight, CART undertakes to always supply the required number of pieces. 6.5. The price of the goods does not include the cost of delivery of the goods to the place specified in the Order. The value of the current price for the delivery of goods to the place indicated on the day of placing the Order of the Goods is indicated on the website for information on deliveries and prices. 6.6. Any other changes will always be communicated to the Customer in advance when creating an Order and may depend on the required delivery time of the goods.
VII. Responsibility and guarantees 7.1 PHK is liable to the Customer for defects in services and / or goods to the extent established by generally binding legal norms. Thus, PHK answers to the Customer that the service / goods are free from defects upon receipt. If a defect becomes apparent within six months of receipt, the service / items are considered defective at the time of receipt. 7.2. In accordance with the provisions of § 2165 § 1 of the Civil Code, the customer has the right to exercise the right to a defect that occurs in consumer goods within twenty-four months from the date of receipt. This does not apply in the case of goods sold at a lower price due to a defect for which a lower price has been agreed, in case of wear and tear of the goods caused by normal use, in the case of used goods due to a defect in accordance with the degree of use or wear and tear of the Customer, or if this follows from the nature of the goods. 7.3. If the goods do not possess the properties specified in the provisions of § 2161 of the Civil Code, the customer can also request the delivery of a new product without defects, unless this is disproportionate due to the nature of the defect, but if the defect concerns only part of the product, the customer can only request a replacement. if this is not possible, he can withdraw from the contract. However, if it is disproportionate due to the nature of the defect, especially if the defect can be rectified without undue delay, the customer is entitled to have the defect removed free of charge. The customer has the right to supply a new product or replace parts even in the event of a correctable defect, if he cannot use the product properly due to the repetition of the defect after repair or due to a larger number of defects. In this case, the customer also has the right to withdraw from the contract. If the customer does not withdraw from the contract or exercise the right to supply a new product without defects, replace parts or repair the product, he may request a reasonable discount. The customer is entitled to a reasonable discount, even if PHK is unable to deliver a new product without defects, replace a part of it or repair the product, and if PHK does not take action within a reasonable time, or if the action would lead to significant difficulties for the Customer. The right of improper performance does not belong to the Customer if the Customer knew before the receipt of the goods that the goods had a defect, or if the Customer himself caused the defect. If the goods have a defect that PHK knows about, and if the goods are sold at a lower price or used goods, instead of the right to exchange the goods, the Customer is entitled to a reasonable discount. The defect rights apply to the PHK from which the goods were purchased. If the Customer exercises the right due to defective performance, PHK will confirm to him in writing when he exercised the right, as well as the completion of the repair and its duration. 7.4. PHK is not responsible for any damage or any other consequences incurred by the Client on the basis of or in connection with the actions or circumstances of the Client on the part of the Client. 7.5. The customer agrees that PHK is not responsible for the uninterrupted, error-free and safe operation of the Internet portal www.praguehomemadekitchen.com. PHK is not responsible for advertising or promotion carried out by any third party through the Internet portal www.praguehomemadekitchen.com, or for errors caused by the interference of third parties with the Internet portal www.praguehomemadekitchen.com or as a result of its use in violation of its goal. 7.6. Product availability is tied to stock, and PHK does not guarantee product availability. If, for any reason, PHK is unable to process the Order or a part of it, the Client will be informed via the line for PHK clients (SMS) or by e-mail, which the Client will indicate in the Order as a contact.
VIII. Returnable backup packaging 8.1. The price of goods in returnable deposit packaging also includes a deposit for this packaging. The purchaser may return a backup copy of the packaging and receive it back from any retailer. 8.2. Back-up packaging can be returned directly to the delivery driver, but the buyer must notify the PHK when ordering the item. However, Customer is not entitled to claim a coupon for the return of backup bottles through the Service.
IX. Alcoholic drinks and tobacco products 9.1. Tobacco products and alcoholic beverages may only be sold to persons over 18 years of age; their sale to young people is prohibited. If it is impossible to reliably verify that the client is 18 years old, the goods will not be transferred, and PHK has the right to withdraw from the Agreement if the goods have not been transferred to the legal representatives of the Customer. 9.2. PHK reserves the same restrictions and introduces the same rights in relation to alcoholic beverages. 9.3. PHK reserves the right to impose restrictions similar to the sale of tobacco products and alcoholic beverages on selected products in the pharmacy (for example, household cleaners or pesticides, or flammable, volatile or irritating or otherwise hazardous or harmful substances) or any other products of a similar nature.
X. Protection of intellectual property rights, misuse of the service, availability of the service, other rights and obligations of the contracting parties 10.1. The customer acknowledges that the software and other components that make up the internet portal www.praguehomemadekitchen.com (including photographs of advertised services and / or goods) are protected by copyright. The client undertakes to use the Internet portal www.praguehomemadekitchen.com exclusively for his own needs and that he will not take any action that may allow him or third parties to interfere or use (for example, store, modify, distribute) software or other components. Internet portal www.praguehomemadekitchen.com. 10.2. The access and use of the Internet portal www.praguehomemadekitchen.com by the customer are free of charge in accordance with the General Conditions of Agreement. 10.3. The customer is not entitled to use mechanisms, software or other procedures on the Internet portal www.praguehomemadekitchen.com that may adversely affect the operation of the Internet portal www.praguehomemadekitchen.com. The website www.praguehomemadekitchen.com may only be used to the extent that it does not infringe on the rights of other PHK clients and is consistent with its intended purpose. 10.4. The customer uses the Internet portal www.praguehomemadekitchen.com at his own risk and agrees that the photographs on the Internet portal www.praguehomemadekitchen.com are for illustrative purposes only. 10.5. PHK is not responsible for any losses incurred in connection with the use of services, use of information or download of data published on the Internet portal www.praguehomemadekitchen.com, i.e. for errors, omissions, interruptions, failures, delays, computer viruses, loss of profit or loss of data of the Client or other third parties using the Internet portal www.praguehomemadekitchen.com, unauthorized access to the transmission and data of these persons, changes in such data, as well as other material and non-material losses. 10.6. All information published on the Internet portal www.praguehomemadekitchen.com is provided with the best knowledge and consciousness of PHK, which is not responsible for its completeness or technical accuracy. PHK also disclaims all guarantees that the materials posted on the Internet portal www.praguehomemadekitchen.com are harmless. 10.7. PHK reserves the right to restrict or terminate the access of the Client or another third party to the Internet portal www.praguehomemadekitchen.com at any time. 10.8. PHK is not bound by any codes of conduct towards the Client in the sense of the provisions of § 1826 para. 1, letter. e) Act No. 89/2012 Coll. , Civil Code.
XI. Personal data protection and consent to processing 11.1. How PHK processes the personal data of the Client is described in the section "Protection of personal data". The client acknowledges that he is obliged to indicate his personal data correctly and truthfully.
XII. Delivery and collection 12.1. Unless otherwise agreed, all correspondence related to the Contract must be delivered to the other party in writing, by e-mail, in person or by registered mail through the postal service provider. Delivered to the Customer to the email address specified in the Order. 12.2. In the case of delivery by e-mail, the message is considered delivered at the moment it arrives at the incoming mail server. A message delivered in person or through a postal service provider is deemed to have been received by the addressee accepting the parcel or by the addressee who refuses to accept the parcel. In the case of delivery through a postal service provider, the item is also deemed to have been delivered after ten (10) days from the date the item was deposited for storage and an invitation to the addressee to accept the saved item, if deposited, is provided. with the postal service provider, even if the addressee did not know about the deposit.
XIII. Final provisions. 13.1. If the relationship associated with the use of the Internet portal www.praguehomemadekitchen.com, or the legal relationship established by the Agreement, contains an international (foreign) element, then the parties agree that the relationship is governed by the laws of the Czech Republic. This does not affect the rights of the Customer (consumer) arising from generally binding legal norms. In the event of a legal dispute between the Customer and PHK, the territorial jurisdiction of the court is the court according to the registered office of PHK. 13.2. In the event of a dispute between the Customer and PHK, the Customer can also use the possibility of out-of-court settlement of the dispute. In this case, the Client can contact the organization for out-of-court settlement of the dispute, which is the Czech Trade Inspection (www.coi.cz), and act in accordance with the rules specified therein. More information on out-of-court dispute resolution can also be found on the website of the Czech Trade Inspection. 13.3. PHK is entitled to this activity on the basis of a trade license and no other permits apply to this activity. The Trade Licensing Authority is administered by the Trade Licensing Authority within its competence. 13.4. If any of the provisions of the GTC is or becomes invalid or ineffective, such invalid provisions will be superseded by the provision which is as close as possible to the invalid provision. The invalidity or ineffectiveness of any provision does not affect the validity and effectiveness of the other provisions.
XIV. Support contact information: ● Website / E-shop: www.praguehomemadekitchen.com ● Company contact phone: + 420 775 457 769
If they cannot be resolved, you can contact the state supervisory authorities and the court. These General Conditions come into force upon the modification of the original general conditions of the www.praguehomemadekitchen.com project on May 25, 2018.