Terms and Conditions

I.

Introductory provisions

 

1. These General Terms and Conditions (“Terms and Conditions”) are issued in accordance with Section 1751 et seq. of Act No. 89/2012, the Civil Code (“Civil Code”)

I love Hummus, s.r.o.

Company ID No.: 24253294

VAT No.: CZ24253294

With its registered office at: Všechlapy 68, 257 26 Všechlapy

Incorporated by the Municipal Court in Prague, Section C, File 197457

 

Contact details:

E-mail: office@beavia.com

Phone: +420 778 014 034

Web: www.beavia.com

 

(“Seller”)

 

2. The Terms and Conditions govern the mutual rights and obligations of the Seller and of a natural person who concludes a purchase contract as a consumer outside his business, or as part of his business (“Buyer”) via the online interface on the website accessible at ilovekimchi.eu (“Online Store”).

 

3. The provisions of these Terms and Conditions form an integral part of the purchase contract. Any provisions of the purchase contract that deviate from the provisions of these Terms and Conditions shall prevail.

 

4. These Terms and Conditions and the purchase contract are concluded in Czech.

 

II.

Information about goods and prices

 

1. Information about the goods, including the prices of the individual items and their main features are provided for the individual items in the Online Store catalogue. The prices of the goods include value added tax. The prices of the goods remain in force as long as they are displayed in the Online Store. This provision is without prejudice to negotiating a purchase contract on individual terms.

 

2. Any presentation of the goods given in the Online Store catalogue is indicative only and the Seller is under no obligation to conclude the purchase contract regarding the goods, in particular, with regard to the availability of the goods in stock.

 

3. As part of the purchase process, the Online Store provides information about the costs associated with the shipping of the goods. The listed costs only apply to the territory of the Czech Republic. The shipping and packaging costs for other countries differ and will be negotiated by individual communication between the Buyer and the Seller.

 

4. Unless the Seller and the Buyer agree otherwise, it is impossible to combine multiple discounts from the purchase price of the goods.

III.

The order and concluding the purchase contract

 

1. The costs incurred by the Buyer when using means of remote communication in connection with concluding the purchase contract (Internet access fees, telephone charges) shall be borne by the Buyer. These costs do not differ from the basic rate.

 

2. The Buyer orders the goods as follows:

• via the Buyer’s customer account if the Buyer has registered in Online Store;
• by completing the order form without registration. 

 

3. When placing the order, the Buyer selects the goods, number of units, the shipping option, and the payment option.

 

4. Before submitting the order, the Buyer may check and change the date previously entered in the order. The Buyer shall send the order to the Seller by clicking the Complete order The data provided in the order shall be considered correct by the Seller.

 

5. Upon receiving the order, the Seller shall promptly confirm the receipt of the order by an e-mail sent to the e-mail address entered by the Buyer when placing the order. The confirmation is automatic and does not constitute conclusion of the contract. The purchase contract is concluded only upon the acceptance of the order by the Seller. The order acceptance notice is delivered to the Buyer’s e-mail address.

 

6. Where the Seller is unable to meet any of the requirements specified in the order, the Seller shall send the Buyer an amended offer to the latter’s e-mail address. The amended offer is considered a new draft purchase contract and, in such a case, the purchase contract is concluded upon the Buyer’s confirmation of acceptance of the offer to the Seller’s e-mail address specified in these Terms and Conditions.

 

7. All orders accepted by the Seller are binding. The Buyer may cancel the order unless the Buyer has received the Seller’s order acceptance notice. The Buyer may cancel the order by sending a message to the Seller’s e-mail address specified in these Terms and Conditions.

 

8. In case of an apparent error on the part of the Seller in stating the price of the goods in the Online Store or during the order process, the Seller is under no obligation to deliver the goods to the Buyer at this apparently incorrect price even if the Buyer has been sent the automatic order receipt confirmation in accordance with these Terms and Conditions. The Seller shall inform the Buyer about the error without undue delay and send the Buyer an amended offer to the latter’s e-mail address. The amended offer is considered a new draft purchase contract and the purchase contract concluded upon the Buyer’s confirmation of acceptance made to the Seller’s e-mail address.

 

IV.

Customer account

 

1. The Buyer may access his customer account on the basis of the Buyer’s registration made in the Online Store. The Buyer may order goods from his customer account. The Buyer can also order goods without registration.

 

2. When registering his customer account and ordering goods, the Buyer shall provide accurate and true information. The Buyer shall also update his user account data anytime there is a change in the data. The information provided by the Buyer in his user account and when ordering goods is considered accurate by the Seller.

 

3. The access to the customer account username and password protected. The Buyer shall keep any information required to access his customer account confidential. The Seller is not liable for any misuse of the customer account by a third party.

 

4. The Buyer shall not allow third persons to use his customer account.

 

5. The Seller may cancel any user account, in particular, if the Buyer no longer uses his user account or if the Buyer breaches his obligations arising from the purchase contract or these Terms and Conditions.

 

6. The Buyer acknowledges that the user account may not be available without limitation, primarily in the event of necessary maintenance carried out on the hardware and software of the Seller or third parties.

 

7. By creating the customer account, the Buyer gives its consent to the processing of the data required for dealing with the customer account. The Seller describes the processing of personal data in detail in the Personal Data Processing Policy.

V.

Terms of payment and terms of delivery

 

1. The price of the goods and the potential costs related to the delivery of the goods under the purchase contract may be paid by the Buyer as follows:

• by payment card;
• by wire transfer in account no. 1996548002/5500 with Raiffeisenbank

 

2. In addition to the purchase price, the Buyer shall pay the Seller the costs associated with the delivery of the goods in the agreed amount. Unless otherwise expressly specified below, the purchase price is deemed to include the costs associated with the delivery of the goods.

 

3. For payments via a payment gateway, the Buyer shall follow the instructions of the relevant electronic payment service provider.

 

4. In case of a wire transfer, the obligation of the Buyer to pay the purchase price is deemed fulfilled on the date on which the Seller’s bank account is credited with the respective amount.

 

5. The Seller does not require the Buyer to make any advance payment or other equivalent payments. The payment of the purchase price prior to shipping does not constitute an advance.

 

6. Under the Registration of Sales Act, the Seller has the obligation to issue a receipt/bill to the Buyer. The Seller shall also register the sale online with the tax authority, in the event of a technical failure no later than within 48 hours.

 

7. The goods shall be delivered to the Buyer to the address specified in the order. The shipping method is selected when making the order.

 

8. The shipping costs depend on the method of shipping and receipt of the goods and are included in the Buyer’s order and in the order confirmation from the Seller. If the shipping method is agreed on the basis of a special request of the Buyer, the Buyer shall bear the risk and any additional costs associated with this shipping method.

 

9. The Buyer shall receive the goods upon delivery. In the event that due to the reasons on the Buyer’s part it is necessary to deliver the goods repeatedly or in any way other than that specified in the order, the Buyer shall pay the costs associated with the repeated delivery of goods or the costs associated with a different method of delivery, as applicable.

 

10. The Buyer acknowledges that the goods being shipped are refrigerated goods and must be received during their initial delivery. While short-term non-refrigerated transport is possible due to the preservative properties of the product, the goods must still be received and stored in a refrigerator without unreasonable delay after delivery. If the Buyer fails to receive the goods as agreed and the goods thus need to be stored or delivered again, the Buyer shall bear and the risk and be liable for any damage.

 

11. Upon the receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and immediately notify the carrier in case of any defects. Should the packaging show any damage indicative of unauthorised tampering with the consignment, the Buyer may refuse to accept the delivery from the carrier.

 

12. The Seller shall issue an invoice to the Buyer. The invoice is sent to the Buyer’s e-mail address in an electronic form.

 

13. The Buyer acquires ownership of the goods upon paying in full the purchase price of the goods including any shipping costs but no earlier than upon receiving the goods.

 

14. The liability for the accidental destruction, damage or loss of the goods transfers to the Buyer upon the receipt of the goods or at the moment the Buyer was obligated to receive the goods but failed to do so contrary to the purchase contract.

VI.

Withdrawal from the contract

 

1. A Buyer who has concluded the purchase contract as a consumer outside his business may withdraw from the purchase agreement.

 

2. The deadline for withdrawal from the contract is 14 days from the receipt of the goods.

 

3. The Buyer shall not, without limitation, withdraw from the purchase agreement

• for the delivery of goods which have been customised to fit the Buyer’s wishes or needs;
• for the delivery of perishable goods as well as of goods which were irrecoverably mixed with other goods after delivery;
• for goods that are placed in a closed package but have been removed from the package by the Buyer and cannot be returned for hygienic reasons.

 

4. In order to comply with the withdrawal deadline, the Buyer shall sign a statement of withdrawal within the withdrawal deadline.

 

5. The Buyer shall send the withdrawal notice to the Seller’s e-mail or postal address specified in these Terms and Conditions. The Seller shall promptly confirm the receipt for the form to the Buyer.

 

6. A Buyer who has withdrawn from the contract shall return the goods to the Seller within 14 days of withdrawal. The Buyer shall bear the costs of returning the goods to the Seller even where the goods cannot be returned through the regular postal channel due to their nature.

 

7. If the Buyer withdraws from the contract, the Seller shall return to the Buyer all the money received from the Buyer, including the shipping costs, using the same method without delay and no later than 14 days from withdrawal. The Seller shall only return the money to the Buyer in another method only if the Buyer agrees and does not incur any additional costs.

 

8. If the Buyer has selected a shipping method other than the cheapest shipping method offered by the Seller, the Seller shall return to the Buyer the shipping costs in the amount corresponding to the cheapest shipping method option.

 

9. Should the Buyer withdraw from the purchase contract, the Seller is not obliged to return the money to the Buyer before the Buyer has returned the goods to the Seller or has proved that the goods have been sent to the Seller.

 

10. The Buyer shall return the goods to the Seller from of any damage, wear or contamination and, if possible, in the original packaging. The Seller may set off unilaterally any claim for damages caused to the goods against the Buyer’s claim for the refund of the purchase price.

 

11. The Seller may withdraw from the purchase contract on the grounds of the stock being sold out, the goods being unavailable or production or import of the goods being discontinued the manufacturer, importer, or supplier of the goods. The Seller shall promptly inform the Buyer to the e-mail address specified in the order and refund all the money, including any shipping costs, received from the Buyer under the contract in the same manner or in the manner specified by the Buyer within 14 days of the withdrawal notice.

 

 VII.

Rights arising from defective performance

 

1. The Seller shall guarantee to the Buyer that the goods are free from defects on delivery. In particular, the Seller shall guarantee to the Buyer that when the Buyer receives the goods

• the goods have the properties agreed between the parties; in the absence of such an agreement, the goods have the properties described by the Seller or the manufacturer or expected by the Buyer with regard to the nature of the goods and based on the Seller’s advertising;
• the goods are fit for the intended use as specified by the Seller or for the purpose for which such goods are normally used;
• the quality and workmanship of the goods correspond to the agreed sample or model if the quality or workmanship has been determined in accordance with the agreed sample or model;
• the goods are of appropriate quantity, volume or weight and the goods meet the legal requirements.

 

2. The Seller’s obligations arising from defective performance shall be at least to the extent to which the manufacturer’s obligations arising from defective performance apply.

 

3. If the sold goods, their packaging, instructions enclosed with the goods or any advertising according to other laws and regulations specify the period for which the goods can be used, the provisions on quality warranty shall apply. Under the quality warranty, the Seller guarantees that the goods will be fit for use for the usual purpose or retain their usual properties over a certain period of time. If the Buyer has made a justified complaint to the Seller regarding any defect of the goods, the period available for exercising the rights arising from defective performance shall not include the period for which the Buyer is unable to use the defective goods.

 

4. In case of a defect the Buyer may make a complaint to the Seller and request

• the goods to be exchanged,
• a reasonable discount on the purchase price.

 

5. In certain cases, the Buyer may have the right to withdraw from the contract if the goods are materially defective, the Buyer is unable to use the item properly due to recurrent defects or post-repair defects or multiple defects.

 

6. A material breach of the contract is such as the party in breach was or must have been aware of at the time when the contract was concluded or as the party in breach knew the other party would not have entered into the contract if it that foreseen such a breach.

 

7. As regards defects which are not considered a material breach of the contract (whether or not remediable), the Buyer is entitled have the defect remedied or receive a reasonable discount from the purchase price.

 

8. If a remediable defect has occurred multiple time after repair (usually the third complaint due to the same defect or a fourth complaint) or if the goods show a higher number of defects (usually three and more defects at the same time), the Buyer has the right to claim a discount from the purchase price or the exchange of the goods, or to withdraw from the contract.

 

9. When making a customer complaint, the Buyer shall inform the Seller which right he has chosen. The choice may only be changed without the Seller’s consent if the Buyer has requested the remedy of a defect that has proven irreparable. If the Buyer fails to choose his right arising from the material breach of the contract in time, his rights shall be the same as those arising from an immaterial breach of the contract.

 

10. If the repair or replacement of the goods is not possible, the Buyer may request the refund of the price in full upon withdrawal from the contract.

 

11. If the Seller proves that the Buyer was aware of the defect before receiving the goods or has caused the defect himself (for example, by repeated delivery of the goods and thus their prolonged stay outside the refrigerator), the Seller may not comply with the Buyer’s claim.

 

12. The Buyer may not complain about discounted goods for the reason for which the goods have been discounted.

 

13. The Seller shall accept the complaint in any establishment that is fit for the purpose or at its registered office or place of business. The Seller shall issue to the Buyer a written confirmation of when the right was exercised, the subject of the complaint and the method of handling the complaint requested by the Buyer as well as the confirmation of the date and method of handling the complaint, including a certificate of repair and its duration, or, if applicable, a written justification of the dismissed complaint.

 

14. The Seller or its authorised employee shall make the decision about the complaint immediately or, in complex cases, within three business days. This period does not include an adequate time required for the expert assessment of the defect, depending on the type of product or service. The complaint, including the removal of the defect, must be handled without undue delay and within 30 days of the filing of the complaint, unless the Seller and the Buyer have agreed to extend this period. The lapse of this period shall be considered a material breach of the contract and the Seller has the right to withdraw from the purchase contract. The complaint is considered made at the moment when the Buyer shows the will (to exercise his rights under defective performance) to the Seller.

 

15. The Seller shall inform the Buyer about the result of the complaint in writing.

 

16. The Buyer enjoys no right arising from defective performance if the Buyer knew the item to be defective at the time of receipt or has caused the defect himself.

 

17. Where the complaint is justified, the Buyer is entitled to be reimbursed for any costs reasonably incurred in connection with making the complaint. The Buyer may claim this right with the Seller within one month of the expiry of the warranty period; otherwise the court may not grant this right.

 

18. The choice of the method of complaint is with the Buyer.

 

19. The rights and obligations of the parties arising from defective performance are governed by the Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code and by Act No. 634/1992 on consumer protection.

   

VIII.

Service of documents

 

1. The parties may deliver any written communications to one another by e-mail.

 

2. The Buyer shall send the communications to the Seller to the latter’s e-mail address specified in these Terms and Conditions. The Seller shall send the communications to the Buyer to the latter’s e-mail address specified in his customer account or in the order.

 

IX.

Personal data

 

1. Any information provided by the Buyer when working with the Seller is and will be treated as confidential. Unless the Buyer has granted the Seller his written consent, the Seller shall only use the data about the Seller for the purpose of contractual performance except the e-mail address, to which commercial messages may be sent as this, unless explicitly rejected, is permitted by the law. These messages may only concern similar or related goods and it is possible to unsubscribe easily at any time (by sending a letter, e-mail or clicking a link in the commercial message).

 

2. For detailed information about personal data protection see the Privacy Policy.

IX.

Out-of-court dispute resolution

 

1. According to Act No. 634/1992 on consumer protection, the Buyer as a consumer has the right to an alternative resolution of any consumer disputes arising from the contract. In such a case, the Buyer may approach the Czech Trade Inspection Authority (Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2, Czech Republic, email: adr@coi.cz, web: adr.coi.cz). The alternative resolution regarding a consumer dispute is initiated exclusively at the Buyer’s request provided that the dispute has not been resolved with the Seller directly. The request may be submitted no later than 1 year from the date on which the consumer has first exercised the right under dispute with the Seller. The Buyer may initiate the alternative dispute resolution procedure online using the ODR platform at ec.europa.eu/consumers/odr/.

 

2. European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point according to 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 ODR).

 

3. The Czech Trade Inspection Authority performs, inter alia, the supervision of compliance with Act No. 634/1992 on consumer protection within the defined scope.

  

X.

Final provisions

 

1. Any agreements between the Seller and the Buyer are governed by Czech law. If the relationship established by the purchase contract contains an international element, the parties agree that their relationship shall be governed by Czech law. This shall be without prejudice to the rights of the consumer arising from the applicable laws and regulations.

 

2. In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of Section 1826 (1) (e) of the Civil Code.

 

3. All the rights to the Seller’s website, in particular, the copyright to its content including the website layout, images, videos, graphics, trademarks, logos, and other content and elements, are owned by the Seller. The website or any part thereof may not be copied, modified or otherwise used without the Seller’s consent.

 

4. The Seller is not liable for any errors resulting from any third-party interventions in the Online Store or as a result of the use of the Online Store contrary to its purpose. When using the Online Store, the Buyer shall not use any procedures which may adversely affect its operation, or perform any activities which would enable the Buyer or any third party to tamper with or use the software or any other parts of the Online Store without authorisation, or use the Online Store, any parts thereof or any software contrary to their purpose.

 

5. The Buyer hereby assumes the risk of a change in circumstances pursuant to Section 1765 (2) of the Civil Code.

 

6. The purchase contract including the Terms and Conditions shall be archived by the Seller in electronic form and shall not be publicly available.

 

7. The Seller may modify or amend these Terms and Conditions. This provision is without prejudice to the rights and obligations that may have arisen during the effective term of the previous version of these Terms and Conditions.

 

 These Terms and Conditions become effective on 18.8.2020.