Business conditions

1. INTRODUCTORY PROVISIONS

1.1 Application of business conditions. These terms and conditions (hereinafter referred to as "terms and conditions") of the trading company Forbidden Taste Prague s.r.o., with its registered office at Služská 1865/15, 182 00 Prague 8, Czech Republic, IČO: 02980304, VAT number: CZ02980304 , registered in the commercial register maintained by the Municipal Court in Prague, section C insert 226067/MSPH (hereinafter referred to as the "seller") regulate the mutual rights and obligations of the seller and the buyer as contractual parties arising in connection with or on the basis of the purchase contract relating to the goods sold by the seller (hereinafter referred to as the "purchase contract"), or other contracts that are concluded between the buyer and the seller via the website and web interface of the seller's online store (hereinafter referred to as the "online store"), which is operated by the seller in particular at the Internet address http://www.forbidden.sk .

1.2 Definition of the person of the buyer. For the purposes of these terms and conditions, the buyer is either: (i) a consumer within the meaning of § 2 of Act no. 634/1992 Coll., on consumer protection, as amended (hereinafter referred to as the "Act"), as a natural person who does not act as part of his commercial or other entrepreneurial activity or as part of the independent exercise of his profession (hereinafter also referred to as "buying consumer "), or (ii) an entrepreneur who, when concluding and fulfilling a purchase contract or other contract according to these terms and conditions, acts as part of his business activity (hereinafter referred to as the "buying entrepreneur").

1.3 Legal regulation and legal order. The rights and obligations between the seller and the buyer are governed by the legal system of the Czech Republic, in particular by Act No. 89/2012 Coll., Civil Code, as amended ("Civil Code"), even in the case of the presence of an international element. This does not affect the buyer's consumer's rights arising from legal regulations.

1.4 Online store. The terms and conditions further regulate the rights and obligations of the contracting parties when using the seller's online store and other related legal relationships.

1.5 Language of the purchase contract. The terms and conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in Czech, Slovak and English.

1.6 Previous terms and conditions. The wording of the terms and conditions can be changed or supplemented by the seller at will. This provision does not affect the rights and obligations of the contracting parties arising during the effective period of the previous version of the terms and conditions.

2. USER ACCOUNT

2.1 Creation of a user account. After the buyer's registration in the online store, the buyer can access his user interface, from which 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 online store.

2.2 Buyer's data. When registering in the online store and when ordering goods, the buyer is obliged to enter all data correctly and truthfully, which he is obliged to update immediately in case of any change. The data provided by the buyer in the user account and when ordering goods are considered correct and true by the seller.

2.3 Security. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account and acknowledges that the seller does not bear any responsibility for the buyer's breach of this obligation. The buyer is not authorized to allow the use of his user account by third parties.

2.4 Cancellation of user account. The seller may cancel the user account at any time without limitation, without giving a reason and without compensation, especially if the buyer does not use his user account for more than three (3) years, or if the buyer violates his obligations under the purchase contract (including terms and conditions).

2.5 User Account Availability. The buyer acknowledges that the user account and the online store may not be available continuously, especially with regard to the necessary maintenance of the hardware and software equipment of the seller or third parties. The seller is not responsible for such unavailability to the buyer.

3. CONCLUSION OF THE PURCHASE CONTRACT

3.1 Offer of goods. The online store contains the specification of the goods offered by the seller for sale, i.e. in particular the name and main characteristics of the goods, the price of the goods and the costs of its packaging and delivery. The placement of the goods offered by the seller in the online store is a proposal for concluding a purchase contract. The prices of the offered goods are listed including all taxes and all related fees and contributions. The offer for the sale of goods and the prices of these goods remain valid for as long as they are displayed in the web interface of the online store. This provision does not limit the possibility of the seller to conclude a purchase contract under individually agreed conditions with the buyer. By placing the offer of goods in the web interface of the store, the seller expresses his will to conclude a purchase contract with the buyer.

3.2 Order. To order goods, the buyer fills out the order form in the web interface of the online store. The order form mainly contains:

a) information about the buyer,

b) information about the ordered goods (the buyer selects the ordered goods by "inserting" them into the electronic shopping basket of the web interface of the online store),

c) information on the required method of payment of the purchase price of the goods,

d) information on the required method of delivery of goods a

e) information on the costs associated with the delivery of the goods

(hereinafter collectively referred to as the "order").

3.3 Order confirmation. Before sending the order to the seller, the buyer has the opportunity to check, change and correct the data that he entered in the order. The buyer sends the order to the seller by clicking the "complete order" button. The data given in the order are considered by the seller to be correct and true. By sending the order, the buyer confirms that these terms and conditions apply to the purchase contract. Immediately after receiving the order, the seller will confirm receipt of the order to the buyer by e-mail, to the buyer's e-mail address specified in the order (hereinafter referred to as the "buyer's e-mail address").

3.4 Additional order confirmation. The seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated transport costs, etc.) to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).

3.5 Cancellation of the order or its part. Among other things, the seller reserves the right to cancel (reject) the order or its part before concluding the purchase contract in the following cases: the goods are no longer produced or supplied or the price of the supplier of the goods or production costs have changed significantly. If the buyer has already paid part of the purchase price or the entire purchase price, this amount will be returned to him.

3.6 Conclusion of the purchase contract. The purchase contract is concluded between the contracting parties upon delivery of the buyer's order to the seller.

3.7 Deadline for delivery of goods. The buyer acknowledges that the deadline for the delivery of the goods specified for individual goods in the web interface of the online store and then in the order is only indicative and not binding due to the seller's technical capabilities. Therefore, the purchase contract does not contain an agreement between the contracting parties on a specific deadline for the delivery of the goods. The seller is obliged to deliver the goods to the buyer within a period appropriate to the circumstances.

3.8 Apparently low purchase price. The buyer acknowledges that if the price of the goods listed in the online store and/or subsequently in the order is clearly lower than the usual price of the same goods at the time and place (mainly due to an error in writing or numbers or due to a technical error on the part of the seller etc.), the purchase contract is not concluded at all, even though the seller has confirmed the acceptance of the order to the buyer. This is a purchase contract concluded in violation of good morals, which is absolutely invalid from the beginning. The seller is obliged to inform the buyer about this fact. The seller is not liable to the buyer for the resulting damage.

3.9 Buyer's costs related to the conclusion of the purchase contract. The buyer agrees to the use of remote communication means when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (especially the costs of internet connection, costs of telephone calls, etc.) are covered by the buyer himself.

3.10 Change of purchase contract. After concluding the purchase contract, the buyer can ask the seller (preferably via e-mail) to change the content of the purchase contract. The purchase contract is changed upon delivery of the seller's notification of acceptance of the change to the purchase contract to the buyer's electronic address. The seller is not obliged to accept a change to the purchase contract, especially if he has already handed over the goods to a third party for transport or if he has modified the goods according to the buyer's requirements.

3.11 Donation Agreement. If the seller provided the buyer with any gift in connection with the conclusion of the purchase contract, this resulted in the conclusion of a gift contract between the contracting parties, the validity and effectiveness of which is directly dependent on the purchase contract, while the gift contract contains a severance clause according to which this gift contract expires at the same time purchase contract (Art. 5.10), especially if the buyer uses his right to withdraw from the purchase contract according to Art. 5.2, is obliged to return the gifts provided by the seller to the seller together with the returned goods.

 

4. PURCHASE PRICE OF GOODS AND PAYMENT TERMS

4.1 Purchase price. Along with the purchase price for the goods, the buyer is also obliged to pay the seller the costs associated with packaging and delivery of the goods to the buyer, unless expressly agreed otherwise in the purchase contract. The purchase price also includes costs associated with packaging and delivery of the goods, unless expressly stated otherwise.

4.2 Ways of paying the purchase price. The buyer can pay the purchase price of the goods and any costs associated with the delivery of the goods according to the purchase contract to the seller in the following ways:

a) in cash at the seller's premises intended for the delivery of goods;

b) in cash on delivery at the place specified by the buyer in the order;

c) cashless via the Pinwheel Payment payment system;

d) cashless by payment card.

4.3 Maturity of the purchase price. In the case of payment in cash or cash 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 fourteen (14) days from the conclusion of the purchase contract. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the entire purchase price is credited to the seller's bank account.

4.4 Shipment of goods only after payment of the purchase price. The seller is entitled, especially if the buyer does not provide additional confirmation of the order (Article 3.4), to demand payment of the entire purchase price before sending the goods to the buyer.

4.5 Invoice. Regarding the payments made on the basis of the purchase contract, the seller will issue the buyer a tax document - an invoice, which serves as proof of the purchase of the goods. The seller is the payer of value added tax. For this purpose, the purchasing entrepreneur is obliged to provide all the necessary data for issuing a tax document.

4.6 Discounts. Any discounts on the price of goods provided by the seller to the buyer cannot be added together or combined.

4.7 Contractual penalty. If the buyer did not pay the seller the purchase price properly and on time, he is obliged to pay the seller a contractual penalty in the amount of 0.1% of the purchase price of the goods for each day of delay, but not more than the amount of the purchase price of the goods.

5. WITHDRAWAL FROM THE PURCHASE CONTRACT

5.1 Purchase contracts from which the buyer cannot withdraw. The buyer-consumer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw in particular from a purchase contract for the supply of goods or services, the price of which depends on the fluctuations of the financial market independently of the will of the seller, for the supply of goods modified according to the wishes of the buyer-consumer or for his person , as well as goods that are subject to rapid deterioration, as well as goods that have been irretrievably mixed with other goods after delivery, from the purchase contract for the supply of audio or video recordings and computer programs, if the buyer has violated their original packaging, and from the purchase contract for delivery of newspapers, periodicals and magazines.

5.2 The buyer-consumer's right to withdraw from the purchase contract within fourteen (14) days. If it is not a case mentioned in Art. 5.1 or in another case where it is not possible to withdraw from the purchase contract and if the purchase contract was concluded via a means of remote communication (e.g. via an online store) or outside the seller's business premises, the buyer-consumer has the right, in accordance with § 1829 of the Civil Code, from withdraw from the contract without giving a reason and without any penalty within fourteen (14) days of taking over the goods. The period begins to run from the day following the day on which the purchasing consumer took over the goods. If the last day of the deadline falls on a Saturday, Sunday or holiday, the last day of the deadline is the closest following working day. Withdrawal from the purchase contract must be demonstrably sent to the seller within fourteen (14) days by the buyer, to the address of the seller's registered office or to the seller's e-mail address forbiddenkniha@forbidden.life . Before withdrawing from the purchase contract, the consumer buyer is entitled to unpack the goods from the original packaging and test whether the goods suit him in a reasonable way. The buying consumer is entitled to withdraw from the purchase contract even before the seller sends the goods or before taking over the goods. The method of acceptance of the goods by the consumer buyer does not affect the possibility of withdrawal from the contract, i.e. the consumer buyer is entitled to withdraw from the purchase contract also in the event that he personally received the goods from the seller. Damage to goods does not affect the possibility of withdrawal from the contract. The buyer acknowledges that by withdrawing from the purchase contract, any gift contract concluded between the contracting parties in accordance with Art. 3.11.

5.3 Return of goods after withdrawal from the purchase contract. In case of any withdrawal from the purchase contract, the buyer is obliged to return the goods to the seller no later than fourteen (14) days after the termination of the purchase contract, unless otherwise agreed with the seller. If the buyer is at least thirty (30) days late with the return of the goods, he is obliged to pay the seller a contractual penalty in the amount of 0.1% of the purchase price of the goods for each day of delay, but not more than the amount of the purchase price of the goods. The goods do not have to be returned in their original packaging, but they must be packed by the buyer in such a way that they are not damaged during transport - the seller therefore recommends to the buyer that the goods are returned, if possible, in their original packaging, which will ensure the safety of the goods during transport. The seller recommends that the buyer insure the transportation of the goods. The seller is entitled to demand from the buyer payment of the costs incurred for transporting the goods from the buyer back to the seller.

5.4 Assessment of returned goods by the seller. Within seven (7) days from the return of the goods by the buyer according to Art. 5.3, the seller is entitled to carry out an examination of the returned goods, especially in order to determine whether the returned goods have not been damaged, excessively worn or partially consumed by the buyer. This provision does not affect the deadline for the return of received funds specified in Art. 5.5.

5.5 Return of the purchase price after withdrawal from the contract. If the buyer withdraws from the contract, the seller will return to him without undue delay, no later than fourteen (14) days from the withdrawal from the contract, all funds, including delivery costs, which he received from him on the basis of the purchase contract, in the same manner. However, the seller is not obliged to return the received funds to the buyer before the buyer hands over the goods to him or proves that he has sent the goods to the seller. The seller will return the money received to the consumer in another way only if the buyer has agreed to it or requests it and if it does not incur additional costs. If, of course, it is not possible to return the purchase price in the same way or in another free way, the seller will send the purchase price to the buyer's address by postal order, while the purchase price will be reduced by the costs necessarily incurred by the seller according to the valid price list of Česká pošta, sp., or another provider of similar payment services.

5.6 The seller's right to reimbursement of the costs actually incurred in connection with the return of the goods. The purchasing consumer acknowledges that in the event of withdrawal from the purchase contract pursuant to Art. 5.2 the seller has the right to compensation for the costs actually incurred in connection with the return of the goods, especially if the goods returned by the buyer-consumer were damaged, excessively worn, partially consumed, or if the buyer-consumer used the goods clearly significantly beyond the level that is sufficient to determine whether the goods suit him. The seller warns the buyer that the costs actually incurred in connection with the return of the goods result from the costs required by third parties (ie entities providing professional service, repair and maintenance) from the seller.

5.7 Seller's right to compensation for damages. The buyer acknowledges that in case of any withdrawal from the contract, the seller is entitled to compensation for the damage caused to the buyer, especially if the returned goods are damaged, excessively worn or partially consumed.

5.8 Possibility of offsetting by the seller. The seller is entitled to unilaterally set off against the buyer's claim for the return of the purchase price his claim for reimbursement of costs actually incurred in connection with the return of the goods, claim for compensation for damage incurred, claim for interest due to delay and claims for contractual fines arising from the terms and conditions.

5.9 Withdrawal of the seller from the purchase contract. The seller is entitled to withdraw from the purchase contract in the following cases:

a) if he has a justified doubt about the true identity of the buyer;

b) if it becomes clear that the buyer previously violated the purchase contract or terms and conditions;

c) if he is objectively unable to deliver the goods to the buyer at the agreed purchase price due to reasons on the part of third parties;

d) if he is objectively unable, for reasons on the part of third parties, to deliver the goods to the buyer within a period appropriate to the circumstances;

e) if the goods are no longer produced, unavailable or third parties are unable to deliver them;

f) if the buyer has not completed the additional confirmation of the order required by the seller (Article 3.4);

g) if the buyer did not pay the purchase price properly and on time;

h) if the buyer did not take over the goods properly and on time.

5.10 Termination of the purchase contract. The purchase contract expires upon delivery of the written notice of withdrawal from the contract to the other contracting party. By withdrawing from the contract, the purchase contract is canceled from the beginning. Termination of the purchase contract or withdrawal from the purchase contract does not affect claims for payment of claims for reimbursement of costs actually incurred in connection with the return of goods, claims for compensation for damage incurred, claims for interest on late payment and claims for contractual fines, as these provisions are fully separable from the purchase contract and last even after the termination of the purchase contract. With the termination of the purchase contract, any gift contract concluded between the contracting parties also terminates without further ado (Article 3.11).

6. TRANSPORTATION AND DELIVERY OF GOODS

6.1 Method of delivery of goods. The method of delivery of the goods is determined by the buyer in the order by choosing from the options offered by the seller. If the seller, based on the buyer's special request, agrees with the buyer on a different method of delivery of the goods than the one the seller currently offers, the buyer bears the risk of damage to the goods and the costs associated with this method of transport from the moment the seller hands over the goods for transport.

6.2 Acceptance of goods by the buyer consumer. The purchasing consumer is not obliged to inspect the goods upon receipt (ie unpack the goods from the original packaging), but the seller recommends the inspection of the goods to the purchasing consumer. The seller also strongly recommends to the buying consumer to check the integrity of the packaging of the goods and in case of any defects not to accept the goods and immediately notify the seller or, for faster handling of the matter, to the final transporter, i.e. directly to the driver or the transporter through the contact details listed in the seller's online store. By signing the delivery note, or other proof of acceptance of the goods, the buyer confirms that the packaging of the goods showed no signs of damage, and any later claim regarding the violation of the packaging of the goods cannot be taken into account.

6.3 Buyer's delay in taking over the goods. If, according to 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 the buyer refuses to take over the goods or does not take over the goods without justification, he is obliged to pay the seller a contractual penalty in the amount of CZK 50 (in words: fifty Czech crowns) for each day of delay, but not more than the purchase price of the goods, and compensation for transport costs (postage ), which the seller had to pay to third parties. This claim also arises for the seller if the conditions for free delivery of the goods have been met.

6.4 Repeated delivery of goods. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was agreed in the purchase contract, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or costs associated with another method of delivery of goods.

6.5 Delivery conditions of the seller. The conditions of the transport of goods and other rights and obligations of the contracting parties during the transport of goods are governed by the seller's terms of delivery, which are part of the purchase contract.

7. RIGHTS AND OBLIGATIONS FROM DEFECTIVE PERFORMANCE

7.1 Responsibilities of the seller resulting from the Civil Code. The rights and obligations between the seller and the buyer regarding the buyer's rights from defective performance (goods), including the seller's warranty liability, are governed by the relevant legal regulations, especially the provisions of the Civil Code.

QUALITY UPON ACCEPTANCE

7.2 Quality upon acceptance. The seller is responsible to the buyer that the goods sold are free of defects upon acceptance, i.e. that at the time the buyer took over the goods:

a) the goods have properties that the buyer and the seller agreed upon, and if there is no agreement, such properties that the seller or manufacturer described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,

b) the goods are suitable for the purpose that the seller states for their use or for which goods of this type are usually used,

c) the quality or design of the goods corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,

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

e) the goods comply with the requirements of legal regulations.

In the case of an entrepreneur buyer, taking over the goods means handing them over to the relevant carrier by the seller.

7.3 Manifestation of defect. If a defect becomes apparent within six months of acceptance by the buyer-consumer, it is considered that the item was already defective upon acceptance.

7.4 Right to inspect goods. If the nature of the goods allows it, the consumer buyer has the right to have the goods checked in front of him or to have his operation demonstrated to him.

7.5 Substantial breach of the purchase contract. If the defect causes a substantial breach of the purchase contract, the buyer has the right to:

a) to eliminate the defect by supplying new goods without defects or by supplying missing goods,

b) to remove the defect by repairing the goods,

c) for a reasonable discount from the purchase price, or

d) withdraw from the purchase contract.

The buyer informs the seller what right according to letter a) to d) of this article he chose, upon notification of a defect, or without undue delay after notification of a defect. The buyer cannot change the choice made without the seller's consent; this does not apply if the buyer requested repair of a defect that turns out to be irreparable. If the seller does not remove the defects within a reasonable period of time or if he informs the buyer that he will not remove the defects, the buyer may demand a reasonable discount from the purchase price instead of removing the defect, or may withdraw from the contract. If the buyer does not choose his right in time, he has rights as if it were an insignificant breach of the purchase contract.

7.6 Minor breach of the purchase contract. If defective performance is a minor breach of the purchase contract, the buyer has the right to have the defect removed, or to receive a reasonable discount from the purchase price. In addition, the purchasing consumer may request the removal of defects under the conditions specified in Art. 7.7. As long as the buyer does not exercise the right to a discount on the purchase price or withdraw from the purchase contract, the seller can deliver what is missing or remove the legal defect. Other defects can be removed by the seller at his choice by repairing the goods or delivering new goods; the choice must not cause unreasonable costs to the buyer.

LEGAL OBLIGATION FOR DEFECTIVE PERFORMANCE OF THE BUYING CONSUMER

7.7 Occurrence of defect. The purchasing consumer is entitled to exercise the right from a defect that occurs in the goods within twenty-four months from the receipt of the goods. In such a case, the buyer-consumer is entitled to demand the delivery of new goods without defects, if this is not unreasonable due to the nature of the defect, but if the defect concerns only a part of the goods, the buyer-consumer can only demand the replacement of the part; 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 removed without unnecessary delay, the buyer-consumer has the right to have the defect removed free of charge. The purchasing consumer has the right to delivery of new goods or the replacement of a part even in the case of a removable defect, if he cannot use the goods properly due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the consumer buyer also has the right to withdraw from the contract. If the buyer-consumer does not withdraw from the contract or does not exercise the right to delivery of new goods without defects, to exchange its parts or to repair the goods, he can demand a reasonable discount. The buying consumer has the right to a reasonable discount even if the seller cannot deliver new goods without defects, replace its part or repair the goods, as well as if the seller does not remedy the situation in a reasonable time or if the remedy would cause significant difficulties for the buying consumer. This does not apply if the buyer consumer knew about the defect before taking over the goods or caused the defect himself.

7.8 Exceptions to defects. The purchasing consumer is not entitled to exercise the right from a defect according to Art. 7.7 in case of:

a) wear and tear of goods caused by their usual use;

b) mechanical damage to the goods caused by the buyer, consumer or a third party;

c) defects caused by unprofessional or improper transportation, storage, assembly, maintenance or service, careless care of the goods or tampering with the goods (especially breach of seals);

d) defects caused by excessive loading of the goods or use of the goods in a way that is contrary to the documentation of the goods manufacturer or the general principles of the use of the goods;

e) defects caused by the use of the goods in conditions that do not correspond in temperature, dustiness, humidity, mechanical, chemical or physical effects to the conditions specified in the documentation of the manufacturer of the goods or to the conditions appropriate for the normal use of the goods;

f) defects caused by force majeure, especially electric discharge or natural elements such as water, fire, wind, earth or other extreme natural and physical processes; the sky

g) when it follows from the nature of the matter.

COMMON PROVISIONS

7.9 Claim application. The rights of the buyer from defective performance (goods defects) according to this Article 7 (hereinafter referred to as "complaints") are exercised by the buyer at the address of the seller's registered office or establishment designated for receiving complaints. The buyer entrepreneur is obliged to make a claim without undue delay after he could have discovered the defect during a timely inspection and additional care, otherwise the court will not grant him the right to the defective goods. When making a claim, the buyer is obliged to deliver the claimed goods to the seller, together with the accessories that are absolutely necessary to assess the defects of the goods (e.g. start-up cables). When making a claim, the buyer is obliged to prove to the seller that he is entitled to make a claim, at least by presenting a copy of the proof of purchase (invoice), a copy of the warranty card or in another credible way. The buyer is not obliged to provide the seller with the original proof of purchase (invoice), the original warranty card, the original packaging of the goods, or the instructions for use. The seller recommends to the buyer that the goods be delivered to the claim if possible in the original packaging, which will ensure the safety of the goods during transport. The seller recommends that the buyer insure the transportation of the goods. The seller recommends the buyer to file a claim without undue delay immediately after discovering a defect in the goods, so that the claim can be properly assessed and handled. The seller is obliged to issue a confirmation to the buyer of when the claim was made, as well as the execution of the repair and its duration.

7.10 Confirmation. The seller does not normally issue a written confirmation of the scope and duration of his obligations in the event of defective performance (hereinafter referred to as "confirmation") for the sold goods, as proof of the purchase of the goods (invoice) is sufficient to apply for a claim. However, at the request of the buyer, the seller is obliged to issue a confirmation to the buyer. The confirmation must contain the name or business name of the seller, his identification number and registered office. If necessary, the seller shall explain in a comprehensible manner the content, scope, conditions and duration of his responsibility as well as the manner in which the rights arising from it can be exercised. In the confirmation, the seller also states that the other rights of the buyer-consumer, which are related to the purchase of the item, are not affected. Failure to fulfill these obligations does not affect the validity of the confirmation.

7.11 Deadlines for settling complaints. After applying the claim, the seller is obliged to decide on the legitimacy of the claim immediately, in more complex cases within three (3) working days. This period does not include the time required for a professional assessment of the defect in the goods. A worker authorized to deal with complaints must be present at the seller's premises during the entire operating time. Complaints, including the removal of defects, must be handled by the seller within the following deadlines:

a) without undue delay, no later than thirty (30) calendar days from the date of its application;

b) possibly within a longer period, which the seller and the buyer can agree on.

The futile expiration of the above-mentioned period is considered a material breach of the purchase contract.

7.12 Defects of goods II. quality or used goods. If the goods have II. quality sold at a lower price or used goods with a defect, from below the seller is obliged, the buyer consumer has the right to a reasonable discount from the purchase price instead of the right to exchange the goods. Goods II. only goods that are clearly marked as such by the seller in the online store and then in the order and are sold at a price lower than the usual price of the goods without defects, especially due to minor mechanical damage that does not affect the function and useful properties of the goods or due to damage or contamination of the product packaging.

7.13 Choice of law regarding liability for product defects. The buyer consumer is not entitled to exercise other rights from liability for product defects than those resulting from legal regulations and which are listed in the articles above, unless otherwise agreed in writing with the seller. As soon as the buyer consumer makes a choice of law from liability for product defects and applies one of the possible rights, he is bound by his expression of will and is not entitled to unilaterally change the choice of applied right. The buyer-consumer is entitled to exercise another right due to the same defect only if the applied right has lapsed (e.g. due to impossibility of performance) or if the defect for which the right was applied has acquired a new character.

 

8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1 Reservation of ownership. The buyer acquires ownership of the goods only by paying the full purchase price for the goods.

8.2 Gift Voucher. The buyer has the option to buy a gift voucher in the store's web interface for a purchase price corresponding to the value of the gift voucher, or the seller can provide the buyer with a gift voucher for free, especially as an expression of thanks to the buyer for a properly fulfilled purchase contract. The gift voucher can be used when purchasing goods in an online store, if the seller allows this for the specific goods, and only until the conclusion of the purchase contract. After concluding the purchase contract, the gift voucher can no longer be used for purchased goods (e.g. when taking over the goods). The gift voucher contains a code consisting of numbers and letters, after entering which during the filling of the order, the purchase price of the goods will be immediately reduced by the value of the gift voucher. The gift voucher is not issued in a name and is therefore transferable. The value of the gift voucher and its validity period result from the content of the gift voucher. Neither the gift voucher nor its value can be exchanged for money. A gift voucher can only be redeemed once within one purchase contract, i.e. a maximum of one gift voucher can be redeemed while completing the order. Gift vouchers cannot be added together or combined. If the purchase price of the goods is lower than the value of the gift voucher, the seller is not obliged to pay or return the difference to the buyer. If the purchase price of the goods is higher than the value of the gift voucher, the buyer is obliged to pay the difference. A gift voucher is not a security, therefore its damage or loss is not a reason for its cancellation, i.e. if the buyer proves the acquisition or purchase of a gift voucher, the seller can issue him a new gift voucher of the same value. If the buyer has purchased a gift voucher, the provisions of these terms and conditions on the purchase contract shall apply accordingly. If the seller provided the purchasing consumer with a gift voucher for free and subsequently the purchasing consumer withdrew from the purchase contract in accordance with Art. 5.2, the seller is not obliged to replace the purchased gift voucher or issue a new gift voucher to the buyer. Additional conditions for the use of gift vouchers can be set on the website or online store.

8.3 Copyright. The buyer acknowledges that the software and other components making up the Online Store (including photos of the offered goods) are protected by copyright. The buyer undertakes not to carry out any activity that could allow him or third parties to interfere or use the software or other components of the Internet store without authorization.

8.4 Use of the online store. When using the online store, the buyer is not entitled to use mechanisms, software or other procedures that could have a negative effect on the operation of the online store. The online store can only be used to the extent that it does not affect the rights of other customers of the seller and that is in accordance with its purpose.

8.5 Information provided in the online store. The buyer acknowledges that the information provided in the online store is taken over by the seller from third parties, and therefore may contain factual and technical inaccuracies or typographical errors. The information provided in the online store refers to individual model series of goods, and there may be differences between this information or the display of the goods and the actual condition in non-essential details, accessories or the appearance of the goods.

8.6 Special warranties and guarantees. The seller does not provide any guarantees or guarantees, except for guarantees resulting from legal regulations and guarantees provided by third parties beyond the scope of legal regulations. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of § 1826 par. 1 letter e) of the Civil Code.

8.7 Seller's liability. The seller is not obliged in any way to compensate for lost profit or direct, indirect, extraordinary or other damage caused by the use of the information provided in the online store. The seller is not responsible for errors arising as a result of interventions by third parties in the Internet store or as a result of the use of the Internet store contrary to its purpose.

 

9. PROTECTION OF PERSONAL DATA

9.1 The seller processes and protects personal data in accordance with the conditions and principles stated in the section Protection of personal data .

9.2 Buyer's consent to sending commercial messages. The buyer agrees to send information related to the seller's goods, services or company to the buyer's e-mail address and further agrees to the seller sending business messages to the buyer's e-mail address. The buyer declares that he has been informed that he can withdraw his consent to the sending of commercial communications in relation to the seller by written notification delivered to the seller's address.

 

10. DELIVERY

10.1 Form and method of delivery. Unless otherwise agreed, all correspondence related to the purchase contract must be delivered to the other contracting party in writing, by e-mail, in person or by registered mail via a postal service provider (at the sender's choice). The seller delivers to the buyer to the e-mail address specified in his user account or in the order.

10.2 Time of Delivery. The message is delivered:

a) in the case of delivery by electronic mail at the time of its reception on the incoming mail server, if it is not returned to the sender as undelivered or if the sender does not learn in another way that the message was not delivered, while the integrity of messages sent by electronic mail can be ensured by a certificate,

b) in the case of delivery in person or through a postal service operator, by receiving the parcel by the addressee,

c) in the case of delivery in person or through a postal service operator, also by refusing to accept the parcel, if the addressee (or the person authorized to accept the parcel on his behalf) refuses to accept the parcel,

d) in the case of delivery via a postal service operator, after the expiration of a period of ten (10) days from the date of depositing the parcel and giving the addressee a call to take over the deposited parcel, if the parcel is deposited with the postal service operator, even if the addressee did not learn about the deposit .

 

11. RESOLUTION OF DISPUTES

11.1 Mutual disputes between the seller and the buyer are resolved by the municipal courts.

11.2 In accordance with the Act, the purchasing consumer has the right to an out-of-court settlement of a consumer dispute arising from a purchase contract. The entity that is authorized to conduct out-of-court dispute resolution is the Czech Trade Inspection. More information is available on the website www.coi.cz. The out-of-court settlement of a consumer dispute is initiated exclusively at the proposal of the consumer buyer, and only if the dispute could not be resolved directly with the seller. The proposal can be submitted no later than 1 year from the day when the buyer consumer exercised his right, which is the subject of the dispute, with the seller for the first time.

12. FINAL PROVISIONS

12.1 Buyer's consent to terms and conditions. By sending the order, the buyer confirms that he has familiarized himself with these terms and conditions and the seller's terms of delivery and that he agrees with them without reservation. It is not possible to conclude a purchase contract without agreeing to the seller's terms and conditions of business and delivery.

12.2 Contractual penalties. The provision on the contractual penalty does not affect the right to compensation for damage caused by the breach of an obligation to which the contractual penalty applies, even if the damage exceeds the contractual penalty. The contractual penalty is not included in the damage compensation. Payment of the contractual fine does not extinguish the obligation, the breach of which is sanctioned by the contractual fine.

12.3 Business authorization. The seller is authorized to sell goods on the basis of a trade license and the seller's activity is not subject to any other authorization. The trade inspection is carried out by the relevant trade office within its jurisdiction.

12.4 Salvage Clause. If any provision of the terms and conditions, the concluded contract or other agreement between the seller and the buyer is or becomes or is found to be invalid or unenforceable, this will not affect the validity and enforceability of the remaining provisions of the terms and conditions, the concluded contract or other agreements. In such cases, the contracting parties are obliged to replace the invalid or unenforceable provision with a valid and enforceable provision, which will have the same meaning and effect as the intention of the provision to be replaced to the greatest extent possible and permitted by law.

12.5 Assignment of claims and liabilities. The buyer agrees that the seller is entitled to assign any of his claims against the buyer to a third party. The buyer, who is an entrepreneur, is entitled to assign any of his claims against the seller to a third party only with the prior written consent of the seller.

12.6 Archiving of the purchase contract. The purchase contract, including the terms and conditions, is archived by the seller in accordance with legal regulations in electronic form and is not accessible to third parties.

12.7 Contact. Contact details of the seller - address for delivery: Forbidden Taste Prague s.r.o., with registered office at Služská 1865/15, 182 00 Prague 8, Czech Republic, e-mail address: forbiddenkniha@forbidden.life .

12.8 Effectiveness of the terms and conditions. These terms and conditions are valid and effective from November 8 , 2021 and cancel the previous version of the seller's terms and conditions, including their parts .