General Terms and Conditions

General Terms and Conditions

I. Basic provisions

1. These general terms and conditions (hereinafter referred to as " terms and conditions ") are issued in accordance with § 1751 et seq. Act No. 89/2012 Coll., Civil Code (hereinafter referred to as " Civil Code ")
   Polina Pronina
   ID: 09349723
   registered office: Smíchov, Podbělohorská 2317/4, zip code 15000
   contact details: Čestmírova 145/8, Prague - Nusle e-mail: info@paulinechocolate.cz
   telephone: +420 774 646 267
   website: www.paulinechocolate.cz
   (hereinafter referred to as " seller ")
2. These terms and conditions regulate the mutual rights and obligations of the seller and a natural person who concludes a purchase contract outside of his business activity as a consumer, or within the framework of his business activity (hereinafter referred to as the " buyer ") through the web interface located on the website available at the internet address www .laviechcolat.cz (hereinafter referred to as " online store ").
3. The terms and conditions are an integral part of the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.
4. These terms and conditions and the purchase contract are concluded in the Czech language.
   II. Information about goods and prices

1. Information about the goods, including the prices of the individual goods and their main features, is given for the individual goods in the catalog of the online store. The prices of the goods are listed including value added tax, all related fees and costs for returning the goods, if the goods by their nature cannot be returned by the usual postal route. Product prices remain valid for the time they are displayed in the online store. This provision does not exclude the negotiation of a purchase contract under individually agreed conditions.
2. All presentation of goods placed in the catalog of the online store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods.
3. Information on the costs associated with packaging and delivery of goods is published in the online store. The information on the costs associated with the packaging and delivery of the goods listed in the online store is valid only in cases where the goods are delivered within the territory of the Czech Republic.
4. Any discounts on the purchase price of the goods cannot be combined with each other, unless the seller and the buyer agree otherwise.
   III. Order and conclusion of purchase contract

1. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are paid by the buyer himself. These costs do not differ from the base rate.
2. The buyer orders the goods in the following ways: ● by filling out the order form without registration.

1. When placing an order, the buyer selects the goods, the number of goods, the method of payment and
   delivery.
2. Before sending the order, the buyer is allowed to check and change the data, which until
   placed orders. The buyer sends the order to the seller by clicking the send order/request button. The data listed in the order they are deemed correct by the seller. The condition for the validity of the order is the completion of all mandatory data in the order form and the buyer's confirmation that he has familiarized himself with these terms and conditions.
3. After processing the order, the seller will send the buyer a confirmation of receipt of the order to the e-mail address that the buyer entered when placing the order. This confirmation is considered the conclusion of the contract. Notification of order acceptance is delivered to the buyer's e-mail address. The purchase contract is concluded by confirmation of the order by the seller to the e-mail address of the buyer.
4. If the seller cannot fulfill any of the requirements stated in the order, he will send the buyer an amended offer to his e-mail address. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case by the buyer's confirmation of acceptance of this offer to the seller at his e-mail address specified in these terms and conditions.
5. All orders accepted by the seller are binding. The buyer can cancel the order until the buyer receives the notification of acceptance of the order by the seller. The buyer can cancel the order by calling the phone number or e-mail of the seller listed in these terms and conditions.
6. In the event that there was an obvious technical error on the part of the seller when specifying the price of the goods in the online store or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this obviously incorrect price. The seller informs the buyer of the error without undue delay and sends the buyer an amended offer to his e-mail address. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case by confirmation of acceptance by the buyer to the seller's e-mail address.
   IV. Payment terms and delivery of goods

1. The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid by the buyer in the following ways:

• online payment card
• Bank transfer

1. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with
   packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, it is understood
   also the purchase price and the costs associated with the delivery of the goods.
2. According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time
   is obliged to register the received sales with the tax administrator online, in the event of a technical failure
   then within 48 hours at the latest
3. The goods are delivered to the buyer:

• to the address specified by the buyer in the order
• by personal collection at the seller's premises/dispensary.

1. The choice of delivery method is made during the ordering of goods.
2. The costs of delivery of the goods depending on the method of sending and receiving the goods are listed

in the buyer's order and in the seller's order confirmation. If there is a way

transport contracted on the basis of a special request of the buyer, the buyer bears the risk a

any additional costs associated with this mode of transport.

1. If, according to the purchase contract, the seller is obliged to deliver the goods to the place designated by the buyer in
   order, the buyer is obliged to accept the goods upon delivery. If, for reasons on the part of the buyer, the goods have to be delivered repeatedly, the seller is not responsible for the quality and condition of the ordered goods. When choosing delivery by the EMS carrier, the buyer is obliged to accept the goods at the first delivery attempt, otherwise there is a risk of deterioration of the goods, for example in warm weather. However, the seller tries his best for perfect conditions during transport - sending in thermoboxes. In warm weather with a cooling insert.
2. When taking over the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the transporter immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.
3. The seller issues a tax document - an invoice - to the buyer. The tax document is sent to the e-mail address of the buyer.
4. The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but first by receiving the goods.
5. Liability for accidental destruction, damage or loss of goods passes to the buyer at the time of acceptance of the goods or at the time when the buyer had the obligation to accept the goods, but did not do so in violation of the purchase contract.
   VI. Withdrawal from the contract

1. The customer acknowledges that, according to the provisions of § 1837 of the Civil Code, it is not possible, among other things, to withdraw from the purchase contract for the supply of goods that have been modified according to the wishes of the buyer or for his person, from the purchase contract for the supply of perishable goods that the consumer has unpacked , and for hygienic reasons it is not possible to return it. For the avoidance of doubt, it is further stated that Goods subject to rapid deterioration, wear and tear or obsolescence cannot be returned.
2. Goods that are damaged, show signs of use or are not in good condition at first glance will be replaced in agreement with the seller.
3. If it is not the case mentioned above in paragraph 13.1 of this article or another case where it is not possible to withdraw from the purchase contract, the Customer has, in accordance with the provisions of art. 1829, paragraph 1 of the Civil Code, the right to withdraw from the Purchase Agreement, to return the Goods within 14 (fourteen) days from the date of acceptance, without giving reasons. If the goods are in unopened and intact packaging, they have been stored in a cool and dry place.
   IX Personal data

1. All information provided by the buyer when working with the seller is confidential and will be treated as such. If the buyer does not give written permission to the seller, the seller will not use the data about the buyer in any way other than for the purpose of fulfilling the contract, with the exception of e-mail addresses to which commercial messages can be sent, as this procedure is permitted by law, unless expressly refused. These messages can only concern similar or related goods and can be unsubscribed at any time in a simple way (by sending a letter, e-mail or clicking on a link in a commercial message). For this purpose, the e-mail address will be kept for 3 years from the conclusion of the last contract between the contracting parties.
2. More detailed information on personal data protection can be found in the Personal Data Protection Policy HERE (добавит сиксун на dgpr)

Final Provisions

1. All arrangements between the seller and the buyer are governed by the legal order of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect consumer rights arising from generally binding legal regulations.
2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 paragraph 1 letter e) of the Civil Code.
3. All rights to the Seller's website, in particular copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or part of it without the consent of the seller.
4. The seller is not responsible for errors arising as a result of interventions by third parties in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer must not use procedures that could have a negative effect on its operation and must not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store without authorization, or its parts or software equipment in such a way that would be contrary to its purpose or purpose.
5. The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765, paragraph 2 of the Civil Code.
6. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
7. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the effective period of the previous version of the terms and conditions.
8. A sample form for withdrawing from the contract is attached to the terms and conditions.

These terms and conditions take effect on 01.10.2023