1. Basic data
1.1 The operator of the online shop (hereinafter referred to as the "Operator"):
The Operator is the Company:
Vytopna Group SE
Borky 260
664 41 Omice
ID: 06962777
DIC: CZ06962777
The operator is registered in the Commercial Register of the Regional Court in Brno, Section H, Insert 645.
The operator is a registered VAT payer
1.2.
A buyer (consumer) is a person who does not act within the scope of his/her trade or other business activity when concluding and performing a contract. It is a natural or legal person who purchases products or services for a purpose other than to carry on business with those products or services (hereinafter referred to as the "Buyer").
Legal relations of the Seller with the Buyer not expressly regulated by these Terms and Conditions shall be governed by the relevant provisions of Act No. 89/2012 Coll., the Civil Code, Act No. 634/1992 Coll., on Consumer Protection and related regulations, as amended.
1.3. Buyer (entrepreneur)
A buyer (entrepreneur) is a person who is not a consumer. Any person who enters into contracts in connection with his own business, manufacturing or similar activity or in the course of the independent exercise of his profession, or a person who acts on behalf of or on behalf of an entrepreneur (hereinafter referred to as the "Buyer-Entrepreneur"), is also considered an entrepreneur.
1.4 Terms and Conditions
These Terms and Conditions are an integral part of the purchase contract concluded between the Operator and the Buyer.
These Terms and Conditions also include the Warranty and Complaints Procedure and the provisions on the protection of personal data (Privacy Policy).
By submitting an order (proposal for a purchase contract), the Buyer confirms his/her consent to the Terms and Conditions in their full text.
The Terms and Conditions do not apply to cases where the person who intends to purchase goods from the Operator is a Buyer - entrepreneur. These business cases are subject to the general statutory provisions for a contract of sale.
2. Order of goods
The list of goods on www.vytopna.cz or shop.vytopna.cz and shared pages is a catalogue of commonly supplied goods. The operator does not guarantee the immediate availability of all items. The availability of the goods will always be confirmed on the basis of an inquiry (proposal to conclude a purchase contract).
To place an order, the Buyer selects the goods, their quantity, method of transport and payment, duly completes the order form and submits the order. The sent order of goods is a binding proposal for the conclusion of a purchase contract.
The Buyer can check the prices of the goods for individual items. The Buyer can check the shipping prices in the Shipping section.
In the case of promotional prices, these are valid while stocks last or for a specified period of time. The Buyer will receive the ordered goods at the price valid at the time of ordering.
Before the order is sent, the total price for the goods, including the associated fees, will be calculated and the Buyer will be asked to agree on them.
3. The moment of conclusion of the purchase contract
The purchase contract for the goods offered on the VÝTOPNA online store is formed at the moment when the Operator confirms the Buyer's order.
Costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the purchase contract (e.g. costs of internet connection, costs of telephone calls) are borne by the Buyer himself.
4. Cancellation of the order
The Buyer and the Operator may cancel the order without giving any reason until the Operator confirms the order. If the Operator cancels the order, it will usually state the reason why the order cannot be confirmed.
Cancellation of an order after the conclusion of the purchase contract is only possible by prior agreement between the Operator and the Buyer, and on mutually agreed terms.
5. Delivery time
The ordered goods will be delivered as soon as possible by post or other carrier, depending on their availability and the Operator's operational possibilities, usually within 5 working days from the binding confirmation of the order. The Buyer will be informed in advance of the exact delivery date. The delivery time is for information purposes only and is not binding on the Operator.
The goods shall be deemed to have been delivered upon delivery to the address specified by the Buyer in the order.
The Buyer is obliged to provide correct and truthful information when ordering goods. The information necessary for the conclusion of the purchase contract provided by the Buyer is considered correct by the Seller.
The Provider shall not be liable for any damages caused by delay in dispatch or delivery of the goods for any reason whatsoever.
6. Method of transport
Delivery to the designated address is provided by the Operator. Unless otherwise agreed in the Purchase Contract, the Operator shall determine the method of delivery of the goods under the Purchase Contract. If the method of transport is agreed upon at the request of the Buyer, the Buyer bears the risk associated with such method of transport, including any additional costs for the chosen method of transport.
Shipping costs are calculated according to the current price list and are listed in the Transport section.
In the case of sending goods abroad, the Operator reserves the right to add additional costs for shipping abroad to the standard shipping price according to the current price list.
7. Method of payment for the goods
The Customer has several options for payment of the purchase price for the goods. The goods can be paid in full in person at the Supplier's premises when collecting the goods, in cash at the place of delivery or by transferring the purchase price to the Supplier's account under the appropriate variable symbol identifying the payment.
In the case of sending the ordered goods via a carrier, the Operator reserves the right to add the costs of cash on delivery to the price of the order according to the current price list.
In the case of payment for the goods by bank transfer, the purchase price is deemed to be paid on the date on which the relevant amount is credited to the Operator's account.
The shipment of goods always contains proof of purchase.
Ceny nabízeného zboží a služeb (např. doprava) jsou uvedeny včetně DPH. Pokud není u ceny výslovně uvedeno, že cena je uvedena bez DPH.
Veškeré změny a změny cen v internetovém obchodě jsou vyhrazeny.
8. Převzetí zboží
Provozovatel je povinen dodat Kupujícímu objednané zboží za sjednanou cenu a Kupující je povinen zboží převzít a kupní cenu uhradit.
Kupující nabývá vlastnické právo ke kupovanému zboží jeho převzetím. Okamžikem převzetí zboží také na Kupujícího přechází nebezpečí škody na zboží.
Doporučujeme prohlédnout si zboží bezprostředně při jeho převzetí. Pokud je zjištěno mechanické poškození obalu výrobku, je Kupující za přítomnosti dopravce povinen zkontrolovat stav zboží, a v případě poškození vyhotovit záznam o poškození zásilky a nechat si tuto skutečnost potvrdit dopravcem. Na základě vyhotoveného záznamu bude Kupujícímu poskytnuta přiměřená sleva nebo dodán nový výrobek. Na pozdější reklamace způsobené vinou dopravy pak nelze brát zřetel a budou zamítnuty. Podepsáním daňového dokladu řidiči Kupující souhlasí s převzetím zboží a stvrzuje, že dorazilo mechanicky nepoškozené. Proto raději před podpisem pečlivě zkontrolujte samotné zboží.
V případě, že je z důvodů na straně Kupujícího nutno zboží doručovat opakovaně nebo jiným způsobem, než bylo uvedeno v objednávce, je Kupující povinen uhradit náklady spojené s opakovaným doručováním zboží, resp. náklady spojené s jiným způsobem doručení.
9. Withdrawal from the contract
9.1 Right of the Buyer to withdraw from the contract
The Buyer is entitled to withdraw from the contract if the Operator fails to fulfil the agreed conditions.
Furthermore, the Buyer has the right to withdraw from the contract within 14 days of receipt of the goods without giving any reason if the purchase contract is concluded by means of distance communication (via the online shop).
The goods must be returned in perfect condition with all accessories and packaging material. If this is the case, the full amount of the goods will be refunded.
In the event that the goods are returned to the Operator in other than an undamaged condition, the Buyer shall be obliged to compensate in particular for the costs related to the restoration of the goods to their original condition and any damage to the goods. The Operator is entitled to unilaterally set off the claim for compensation for damages against the Buyer's claim against the Operator for reimbursement of the purchase price. In such a case, the Operator shall only refund the Purchaser the reduced purchase price.
The Buyer acknowledges that according to Section 1837 of the Civil Code, he cannot withdraw from the Purchase Contract in certain cases, in particular in the case of delivery of goods that have been modified according to the Buyer's wishes or for his person, as well as in the case of delivery of perishable goods and goods, goods which have been irretrievably mixed with other goods after delivery, goods in sealed packaging which the Buyer has removed from the packaging and which cannot be returned for hygienic reasons, the delivery of an audio or visual recording or a computer program if the original packaging has been damaged, or the delivery of newspapers, periodicals or magazines.
The Buyer may withdraw from the contract by notifying the Operator electronically at shop@vytopna.cz, indicating the order number, date of purchase and account number for refund.
The Buyer shall bear the full cost of shipping the goods to the Operator. Do not send the goods on COD in any case, they will not be accepted and you will prolong the processing time.
In case of exercising the right of withdrawal, the Buyer shall send or hand over to the Operator without undue delay, not later than within 14 days of withdrawal, the goods received from the Operator, including all their parts and accessories. The goods must be returned to the Seller undamaged and unworn, in their original packaging with proof of payment.
The Buyer shall send the returned goods to the Operator's address:
Restaurant Výtopna
Václavské náměstí 802/56
110 00 Prague 1
If the Buyer withdraws from the purchase contract unjustifiably and sends the goods to the Operator, the goods will not be accepted or will be sent back at the Buyer's expense, as well as shipments that do not show why they were sent to us.
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.
9.2 Operator's right of withdrawal
The Operator is entitled to withdraw from the contract at any time until the Buyer takes delivery of the goods, especially if there are situations where it is unable to deliver the ordered goods under the conditions agreed in the purchase contract.
Before cancellation, the Operator shall contact the Buyer in order to agree on further action.
10. Final provisions
These terms and conditions are valid for all purchase contracts concluded between the Operator and the Buyer.
The language of communication between the Operator and the Buyer and the language of the Purchase Contract shall be Czech. The concluded purchase contracts are archived by the Operator in electronic form and are not accessible to other persons.
The Operator reserves the right to change the terms and conditions. The amended terms and conditions will be published in an appropriate manner on its website.
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.
The Operator shall not be liable for any loss, injury or damage to property, whether direct or indirect, caused by a defect in the goods delivered, unless such loss, injury or damage to property was caused by negligence, omission or intent on the part of the Operator.
Out-of-court dispute resolution
1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from a purchase contract.
2. the European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 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 online dispute resolution for consumer disputes).
3. The Seller is authorised to sell goods on the basis of a trade licence. The trade control is carried out within the scope of its competence by the competent trade authority. The Czech Trade Inspection Authority supervises compliance with Act No 634/1992 Coll., on Consumer Protection, among other things.
These conditions are valid from 7.12.2024
© 2024 VYTOPNA GROUP SE. All rights reserved.
