Conditions for the access and purchase via the www.rohlik.cz website
trading company VELKÁ PECKA s.r.o., Comp. reg. no. 03024130, with the registered office at Praha 8 – Karlín, Sokolovská 100/94, ZIP Code 186 00, the company incorporated in the Companies Register kept with the Municipal Court in Prague, section C, file 226550 (hereinafter referred to as „Velká Pecka“) for purchase of goods and/or services on the www.rohlik.cz portal (hereinafter referred to as “GTC”)
Last update: 10.7.2018
These GTC of Velká Pecka govern the mutual rights and obligations of the parties arising in connection with or on the basis of a agreement for the use of services and/or purchase of goods of Velká Pecka (hereinafter referred to as the “Agreement”) concluded between Velká Pecka and a buyer, who via the www.rohlik.cz portal (hereinafter referred to as “Velká Pecka Portal”) and/or through another website and/or other mobile application, intends to purchase goods and/or services from Velká Pecka (hereinafter referred to as “Goods”). These GTC are intended for the purchase of Goods by the buyer for the purpose of a direct consumption (hereinafter referred to as “Customer”).
The current offer of Goods on the Velká Pecka Portal may contain some provisions slightly different from GTC, whereas these deviating provisions take precedence over these GTC.
If Velká Pecka offers any promotion to its customers that has or will have its own terms and conditions, the terms of that promotion take precedence over the GTC, but if any provision of the terms of the promotion is invalid or unenforceable, the terms and conditions of the GTC will be used instead. A promotion may be limited in terms of time and/or quantity of the sold Goods or there may also be other conditions and limitations. Velká Pecka is authorized to terminate such an event at any time.
Provisions of these GTC form an integral part of the Agreement. The Agreement and GTC are made in the Czech language. The Agreement may only be concluded in the Czech language. After having been concluded by the Customer and Velká Pecka, it will be deposited with Velká Pecka not available to the Customer.
Velká Pecka may unilaterally amend the wording of GTC. This provision does not affect any rights and obligations arising throughout the validity period of the previous GTC wording. Velká Pecka shall inform Customers on GTC amendments on the Velká Pecka Portal or in another suitable way so that a Customer may get acquainted with the current wording of GTC without any unreasonable difficulties. A Customer, who has concluded the Agreement, is deemed to understand with the new GTC wording.
Velká Pecka is entitled to terminate the sales of Goods on the Velká Pecka Portal any time.
II. Agreement conclusion
Velká Pecka offers Goods for purchase on the Velká Pecka Portal (including its prices) a Customer may purchase and get delivered. Prices of the offered Goods are quoted including VAT (hereinafter referred to as “VAT”) in Czech crowns.
The possibility of concluding an Agreement with Velká Pecka under the conditions specified in the offer on the Velká Pecka Portal remains valid for the period specified on the Velká Pecka Portal and provided that the conditions specified in this offer on the Velká Pecka Portal are met.
The Customer agrees with the use of remote communication means upon the Agreement conclusion. Costs incurred by the Customer in the use of means of remote communication means in connection with the conclusion of the Agreement (costs of internet connection, costs of telephone calls, etc.) shall be borne by the Customer.
Upon the registration at the website and upon ordering Goods a customer is obliged to indicate all details properly and truly. The customer shall update details specified in the user account at any their change. Details specified by the customer in the user account and upon the Goods ordering are considered correct.
The access to the user account is secured by the user login and password. The customer shall keep confidentiality of the information required for the access to his user account.
The customer acknowledges that the user account may not be available without interruptions, in particular with regard to the necessary maintenance of hardware and software equipment of the seller, or a necessary maintenance of third party hardware and software.
Procedure leading to the conclusion of the Agreement conclusion on the Velká Pecka Portal. In order to conclude an Agreement during the shopping process the Customer chooses Goods he intends to buy including their quantity on the Velká Pecka Portal. He/she confirms this step by pressing the “ADD TO THE CART” button. Unless the Customer selects the required quantity, one piece or another smallest offered unit of the relevant Goods will always be added to the Basket.
As soon as the Customer selects all the Goods he intends to purchase in the above-mentioned procedure, he continues the purchasing process by pressing the “To the order” button.
Within the process of the Order recap, the Customer shall state his contact details and the address, to which the Goods are to be delivered, or other information necessary for the handover of the ordered Goods (hereinafter referred to as the “Order”). A Customer can find the information on the current minimum value of the Goods in the order (this does not include the transport fee) and the price list of the delivery service on the website of the service provider.
Before sending the Order, the Customer has the opportunity to check and change the data he has entered in the Order, even with regard to the Customer's ability to detect and correct errors made when entering data into the Order. The Customer shall send the Order to Velká Pecka by clicking on the “Complete Order” button. An agreement between Velká Pecka and the Customer is created by completing the order by the Customer. At the same time with performing the first purchase order the customer registration is made and the user profile of the customer is established.
Velká Pecka shall immediately after the conclusion of the Agreement confirm to the Customer that it has received the Order, to the e-mail address specified by the Customer in the Order.
Velká Pecka is always entitled depending on the Customer Order nature to request the additional Order confirmation (e.g. in written or by phone). If the Customer fails to confirm the Order without unnecessary delay the order is deemed to be invalid.
Procedure leading to the conclusion of the Agreement on the My Air a.s. Portal (hereinafter referred to as “My Air”). A client order the service by choosing a product from the offer, which is in the My Air mobile application. The service is available in the Send joy menu within the smart overview. At the product selection ordering process takes place using a display with the GIFT DETAIL on it and using the order form. As soon as the Customer selects all the Goods he intends to purchase using the above-mentioned procedure, he continues the purchasing process by pressing the “Continue” button. In this way he moves on to the screen WHERE TO DELIVER THE JOY. Here the Customer selects the gifted person from the history of the gifted persons or fills in the data on the new gifted person, i.e. contact details and the address, to which the Goods are to be delivered, or other information necessary for handing over the ordered Goods. Before sending the Order, the Customer has the opportunity to check and change the data he has entered in the Order, even with regard to the Customer's ability to detect and correct errors made when entering data into the Order. The Customer shall complete the Order and send it to Velká Pecka by clicking on the “Order and Pay” button. An agreement between Velká Pecka and the Customer is created by completing the order by the Customer.
Velká Pecka shall deliver the Goods according to the Order to the hands of the Customer, to the hands of his/her legitimate representative or agent or to a place agreed by both parties. The Customer is obliged to take over the Goods, unless he/she uses the option of the withdrawal from the Agreement. In addition to the Customer or his legal representative, a natural person over 18, who resides in the apartment or other premises at the Customer's address and who proves his identity to a person, who hands over the Goods to the Customer on behalf of Velká Pecka in a way specified below in these GTC, may take over the goods. This is with the exception of the payment method of Twisto payments a.s. (hereinafter referred to as “Twisto Service”), when the order can only be taken over by a person, on whose name the order has been issued.
In compliance with Section 28, Paragraph 1 of the Act No. 235/2004 Coll., On the Value Added Tax, Velká Pecka does not issue a tax document for purchased goods. Upon the Goods takeover the delivery note containing individual items of Goods and their price will be delivered to the Customer. The tax document will be consequently available for downloading at the Customer profile on the Velká Pecka Portal.
Velká Pecka has the right to verify the age of the Customer in relation to the sale of a particular type of Goods pursuant to the Article. VII. Of GTC by checking the Customer´s identity document. If the required age of the Customer is not evidenced, Velká Pecka is entitled to withdraw from the Agreement and to claim a compensation of expenses incurred in relation to the Order.
The Customer acknowledges that Velká Pecka is not obliged to conclude an Agreement in particular with persons, who previously seriously violated the Agreement and/or conditions of the use of the Velká Pecka Portal.
The Customer states and warrants to the Supplier that:
he is fully sui juris, especially with regard to his age, or is represented by a legal representative, if he is younger than 18, will not order on the Velká Pecka Portal such Goods the purchase and/or use of which is subject to the minimum age limit of 18, all data provided to Velká Pecka are true, complete, accurate and correct, by paying the price of the Goods he does not circumvent or violate any rights of third parties and is entitled to use the financial resources used to pay for the Goods, before starting to use the Velká Pecka Portal he has become fully acquainted with these GTC that he fully understands and agrees with them.
III. Order changes and cancellation
An order is binding for the Customer from the moment of its completion on the Velká Pecka Portal or My Air Portal. Its change only is possible by Velká Pecka, even in the cases specified in these GTC, or if an authorized employee of Velká Pecka contacts the Customer for this purpose by telephone stating that the ordered Goods or any of its individual items at the time of placing the Order are not available.
Cancellation of the Order is possible in writing or by phone by 6:00 p.m. on the day preceding the day of delivery of the Goods at latest. On the delivery day the Customer only may change the time of delivery or the delivery address with the consent of Velká Pecka. From the moment the Goods are delivered to the Customer, it is not possible to cancel the Order or change the address or delivery time. In case of using an Express offer, the Customer cannot validly cancel the submitted Order. This provision does not affect the Customer right to withdraw from the Agreement.
A vain delivery does not affect the right of Velká Pecka to demand and enforce a Contractual Penalty for the costs of preparation and dispatch of the order (CZK 300). This fine for the provision of the service and the costs of preparing and shipping the order will be charged to the customer with the next order. If the service fee is not paid Velká Pecka reserves the right to block the customer account.
Upon changing or cancelling the Order, the Customer is obliged to state the Order number, the date of the Order and the bank account number, to which the price of the Goods is to be sent back.
If the order is cancelled due to delayed delivery of the order, the right of Velká Pecka to demand and enforce a Contractual Penalty is not affected, in the event that there is a delay of up to 10 minutes.
In the event of cancellation of the Order pursuant to the previous paragraph of the GTC, the already paid Goods deposit will be transferred to the Customer's bank account specified by the Customer within the Order cancellation (if the Order cancellation does not contain such information, then to the bank account, from which payment for the Goods was made).
IV. Withdrawal from the agreement and defective performance rights (Complaint of Goods)
Velká Pecka declares and the Customer acknowledges that these GTC are intended for the purchase of Goods by the buyer – consumer for the purpose of a direct consumption, i.e. they are exclusively intended for the so-called consumer agreements according to the provisions of Section 1810 of the Act. No. 89/2012 Coll., the Civil Code, (hereinafter referred to as the “Civil Code”).
Withdrawal from the agreement. In accordance with the provisions of Section 1829 of the Civil Code, a Customer has the right to withdraw from the Agreement within 14 days from receiving the Goods, even from an individual item of the Goods.
In case of a withdrawal from the Agreement the Customer may hand over the Goods immediately to a person who delivered it to him on behalf of Velká Pecka and if this is not possible, he is obliged to announce his withdrawal from the Agreement by phone to Velká Pecka or through the Velká Pecka Portal and send the Goods at his expenses to the address U Prioru 884/4, 161 00, Praha 61. Upon withdrawal from the Agreement the Customer may also use the specimen form, the current wording of which is available here.
For the avoidance of any doubts Velká Pecka states, in accordance with the relevant provisions of the Civil Code, that an Agreement related to perishable Goods (e.g. fruits, vegetables or foodstuffs of animal origin) or Goods that have been mixed with other Goods beyond recovery after delivery cannot be withdrawn from. The only exception applies to fruits and vegetables with a different country of origin label on its packaging than on the Velká Pecka portal. Furthermore, the Customer is not permitted to withdraw from an Agreement if related to the Goods that were delivered in a closed package, which the Customer removed from the package and for hygienic reasons it can´t be put back. The Customer may neither withdraw from the agreement on the supply of newspapers, periodicals or magazines, as well as on the supply of an audio or video recording or software, in case their packaging has been broken.
The Customer shall returns the Goods in the full quantity and intact. Upon withdrawal from the Agreement and subsequent return of the Goods, the Customer only is liable to Velká Pecka for the reduction in the value of the Goods, which was caused as a result of handling the Goods other than as necessary with regard to their nature and properties.
In case of a valid withdrawal from the Agreement, the price of the Goods or its proportional part will be returned within 14 days of the return of the Goods (or from the submission of the proof that the Goods have been sent within the period specified in Art. IV. Of these GTC) to the Customer bank account or a bank account, from which the Customer paid the price including any costs for the delivery or their appropriate part.
If a present is given to the customer together with the goods, the deed of gift between the customer and Velká Pecka is concluded with the untying condition that if the buyer withdraws from the purchase agreement, the deed of gift for such a gift ceases to be effective and the customer is obliged to return a given gift together with the goods.
Complaint of Goods. The Customer is recommended to check the delivered Goods from the Order immediately after its receipt, to check whether its properties and quantity are correct and to notify Velká Pecka on any identified deficiencies, e.g. by marking it on the tax document for the Goods or in another suitable way. In case the Goods manifest defects upon handing over to the Customer (e.g. the expiration date has expired or the Goods are otherwise clearly unsuitable for the intended purpose of use), the Customer shall claim the Goods during the warranty period with Velká Pecka. A Customer may exercise the rights arising from defective performance at the address of any Velká Pecka establishment or at the Velká Pecka's registered office or through the Velká Pecka Portal and the contact details provided there. Velká Pecka hereby informs the Customer that due to the nature of the Goods, his complaint does not have to be always satisfied by Velká Pecka, especially if obvious defects have not been commented on the Goods when handing them over (e.g. food or damage to the protective packaging) and/or if it is not possible to prove that the Goods had the alleged defects already at the time of delivery. Furthermore, Velká Pecka informs the Customer that with fresh products to be consumed within 24 hours complaint shall be made within 24 hours from their takeover. Other rights and obligations of parties related to the liability of Velká Pecka for defects may be governed by the Complaint procedure of Velká Pecka.
In case of a complaint regarding a part or the entire order, the customer will be issued a corrective tax document, pursuant to the Act No. 235/2004 Coll. on Value Added Tax, Sec. 73. The date of confirmation of the corrective tax document is the date when the corrective tax document was provided to the customer at his personal account at www.rohlik.cz.
Rights and obligations of the contracting parties related to the rights arising from defective performance are governed by the relevant legal regulations, in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and the Act No. 634/1992 Coll., On Consumer Protection, as amended.
If the Customer fails to notify the defect in time he forfeits the right to withdraw from the Agreement.
Velká Pecka is obliged to deliver the Goods in compliance with the Agreement with no legal and factual defects. The performance shall be provided in the agreed quantity, quality and execution. If the quality and execution are not agreed, the Goods in a medium quality and if it is an Agreement in a quality and execution suitable for the purpose apparent from the Agreement, otherwise for the usual purpose. Goods packaging damages are not a breach of this article, whereas solely Velká Pecka is entitled to choose a suitable packaging.
A Customer is responsible for the reduction in the value of the Goods arising as a result of handling the Goods in a manner other than necessary with regard to their nature and properties.
The Goods are defective in case they do not have the properties specified in the provisions of Sections 2095 and 2096 of the Civil Code. Also the performance of another item is considered a defect. Also defects in documents necessary for the use of Goods are considered defects.
The Customer's right from defective performance is based on the defect of the item when the risk of damage (i.e. acceptance of the Goods upon delivery) has passed to the Customer, even if it manifests itself later. The Customer's right from defective performance is also based on a defect cause later by Velká Pecka due to a breach of its obligation.
If the defect becomes apparent within six months of receipt, the item is deemed to have been defective at the time of receipt. This does not apply to Goods, on which the date of minimum durability, recommended consumption date, or other form of information of similar meaning is indicated.
A Customer has no rights under defective performance, if it is a defect, which he had to know with the usual attention already at the conclusion of the Agreement, or which he caused himself.
In compliance with the provisions of Section 2165, the Customer is entitled to exercise the right to a defect that occurs in the Goods within 24 months from their receipt (hereinafter referred to as the "Warranty Period"), with the exception of:
- of the sold Goods sold, the packaging of which (i.e. the minimum shelf life), for which the item can be used, is indicated on its packaging, or on the instructions attached to it or in an advertisement in accordance with legal regulations,
- Of the Goods defective due to the weight not corresponding to the weight of the Goods delivered by the Customer in the Purchase order, unless the weight deviation exceeds 20% of the total weight of the respective ordered Goods;
- Worn Goods due to their normal use;
- Goods sold at lower price due to a defect, due to which lower price has been agreed;
- If this results from the nature of Goods.
The guarantee period starts to run from the delivery of Goods by Velká Pecka. If the Goods are sent in compliance with the agreement in case of the purchase agreement, the warranty period starts to run from the moment, items are delivered to the place of destination. The Customer is not entitled to warranty benefits, if the defect has been caused by an external event after the transfer of the loss danger. This is not the case in an event the defect has been caused by Velká Pecka.
As soon as the Customer discovers a defect, he shall notify Velká Pecka without undue delay and shall hand over the defective Goods to Velká Pecka or keep them in accordance with its instructions or otherwise dispose of them appropriately so that the defect can be investigated.
Velká Pecka is obliged to issue to the Customer regarding his appeal a written confirmation on when the complaint has been applied, what is its content and what method of the complaint settlement is requested by the Customer. At the same time, Velká Pecka shall inform the Customer on the date and method of the complaint settlement or justifies the rejection of the complaint in written. Velká Pecka or an employee authorized by it shall decide on the complaint immediately or - in difficult cases - within three working days as a maximum. This period is excluding the time period appropriate according to the type of goods or service required for a professional defect assessment. Complaints, including the elimination of defects, must be settled without undue delay, no later than 30 days from the date of the complaint application, unless the parties agree on a longer period. A futile expiry of this period means a significant breach of this Agreement.
If the defect is remediable, the Customer may demand either repairs or additions to what is missing, or a reasonable discount on the price. If the defect cannot be remedied and the subject of performance cannot be used properly for it, the Customer may either withdraw from the Agreement in relation to the respective claimed Goods, or demand a reasonable discount from the price.
If, pursuant to the Agreement, the Goods do not have the appropriate properties, the Customer may also request the delivery of a new item without defects, unless this is unreasonable due to the nature of the defect, but if the defect only affects a part of the Goods, the Customer can only request replacement of the part; if this is not possible, he may withdraw from the agreement. However, if it is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the Customer has the right to free removal of the defect. The Customer has the right to deliver new Goods or replace parts even in the event of a remediable defect, if he cannot use the Goods properly due to the recurrence of the defect after repair or due to a larger number of defects. If this is a case the Customer is entitled to withdraw from the Agreement in relation to the respective claimed Goods. If the Customer does not withdraw from the Agreement or fails to exercise the right to deliver new Goods without defects, to replace its components or to repair the item, he may demand a reasonable discount. The Customer is entitled to a reasonable discount even in case Velká Pecka is unable to deliver new Goods free from defects, replace its part or repair the Goods, as well as if the Customer fails to agree a remedy within a reasonable time or if arranging a remedy would cause a major inconvenience to the Customer.
V. Price of goods and payment conditions
The buyer acknowledges that the final price of the order is quoted after rounding to whole CZK in compliance with applicable laws. For a detailed purchase price breakdown including CZK hellers is always quoted on the delivery note and the tax document.
The price of goods as well as other costs pursuant to the Agreement are paid by the Customer in one of the following methods:
- cashless payment using payment card through the secured Internet payment gate of ČSOB (i.e. using a bail security);
- cashless payment using a payment card by means of the payment terminal to a courier upon the Goods takeover
- cash to a courier upon the Goods takeover;
- by a service provided by Twisto payments a.s. (hereinafter referred to as the “Twisto service”), or
- in another way according to the current offer of the Velká Pecka Portal.
- Payment from Air Bank a.s. account (hereinafter referred to as “Air Bank”). This only applies to orders realized via the My Air mobile application or in another way according to the current offer of the Velká Pecka Portal.
Prices of Goods quoted on the Velká Pecka web portal are including VAT.
For the avoidance of doubt, Velká Pecka declares, and the Customer acknowledges that ownership of the Goods only passes to the Customer upon the payment of the total price of the Goods, unless the Customer has chosen Twisto Service or payment on invoice with Velká Pecka.
Cashless payment using payment card. In case the Customer has chosen cashless payment using a card as the method of payment, he shall proceed during the payment according to the steps communicated to him within the relevant internet payment gateway. Velká Pecka is not obliged to send the Goods from the Purchase order to the Customer before the bail for the price of Goods is paid by the Customer.
A bail will be used for the payment of the price of the Goods and any overpayment will be sent back to the Customer to the bank account, from which he paid the bail; the Customer does not pay any arrears related to a possible deviation of the weight of the Goods for the Goods ordered per weight. The price of the Goods is considered paid at the moment of crediting the relevant amount to the account according to the Contract or according to these GTC.
If the Customer intends to use the ČSOB payment system (Internet payment gate) for the payment of Goods operated by Československá obchodní banka, a. s. he is obliged to make himself acquainted with the respective commercial terms and conditions governing its use before he uses it. The ČSOB payment system is exclusively operated by Československá obchodní banka a.s., therefore Velká Pecka bears no responsibility for any loss caused to the Customer on a basis of the use of this payment system.
Payment in cash to courier upon takeover. In case the Customer has chosen cash payment to the courier upon receipt of the Goods as a payment method, the price is payable upon the handover of the Goods under the Order. The price of the Goods shall be deemed paid at the moment of the handover of the respective amount to the Courier upon the takeover of the delivered Goods.
Cashless payment using payment card upon the handover on site to the courier. In case the Customer has chosen payment by the payment card to the courier upon receipt of the Goods as a payment method, the price is payable upon delivery of the Goods under the Order. The price of the Goods is considered paid at the moment of crediting the relevant amount to the account according to the Contract or according to these GTC.
Twisto service. In case the Customer has chosen the Twisto Service as a payment method, he can order the shopping of up to CZK 5,000 using this Twisto service. In this case he shall pay for the order within 14 days following the Agreement conclusion. The deadline for claiming an undelivered or not accepted shopping is 3 days from the selected delivery term as a maximum.
If the Customer intends to use the Twisto Service for the payment of the price of Goods he shall read and understand the “General commercial conditions for customers of Twisto payments a.s.” before its use. Velká Pecka shall not be responsible for any loss caused to the Customer on a basis of the use of this Twisto service.
Service against the Velká Pecka invoice. This payment is exclusively intended for legal entities (hereinafter referred to as companies) and is agreed upon the submission of a written application on the Velká Pecka web portal and subsequent approval by Velká Pecka. By means of this service, a legal entity (hereinafter referred to as the Company) may order a purchase in a predetermined amount, which both parties shall agree upon when approving the application. In this case he shall pay for the order within 14 days following the Agreement conclusion. The deadline for claiming undelivered or not accepted order is the same with other payment methods with the exception of Twisto.
If a natural person intends to use a payment on an invoice issued by Velká Pecka for the Goods payment, he/she shall register a legal entity (hereinafter referred to as the Company) to fill in the appropriate and true data (company name, company address, company registration number and VAT number and the monthly limit amount)
In case of a change of these details a legal entity undertakes to advise Velká Pecka in written and before sending the Order. Invoicing details cannot be changed retroactively after sending the order.
As soon as a User pays for the goods offered on the Velká Pecka portal, Velká Pecka will together with the order deliver to the User a receipt issued in compliance with the Act on registration of sales, which will be available with a respective order.
Pursuant to the Act on registration of sales the seller is obliged to issue a receipt to a buyer. At the same time he is obliged to register the sale online with the tax administrator; in case of the technical failure within 48 hours at latest.
Velká Pecka will issue a tax document to the Customer without undue delay after the price of the Goods has been paid using one of the above described methods and the Goods have been handed over, to the Customer's e-mail address or can be downloaded from his profile on the Velká Pecka Portal.
When ordering weighed Goods Velká Pecka reserves the right to deliver Goods with a weight deviation, nevertheless it shall make every effort to keep the deviation as low as possible in relation to the weight required by the Customer in the Order. Any surcharge due to lower weight is returned to the bank account of the Customer, from which the Customer has paid the price of the Goods under the Order. In case of higher weight the Customer shall additionally pay any arrears of payment caused in this way.
In case the Customer orders a certain number of pieces of Goods (e.g. piece fruit), for which the price on the Velká Pecka Portal is otherwise determined according to its weight, Velká Pecka will deliver the required number of pieces of Goods. In this case the price of the Goods will be determined according to its weight, regardless of its quantity, and any overpayment will be returned to the Customer´s bank account, from which the price has been paid; in case of any arrears, the Customer will pay the missing amount.
Payment using online meal voucher card. When using the online meal voucher card for payment the customer undertakes to buy only food and non-alcoholic beverages.
VI. Liability and guarantees
Velká Pecka shall not be liable for any losses or any other consequences incurred by the Customer on a basis or in relation to acts of individual Customers, the manner, in which they use the Velká Pecka Portal, or other circumstances arising on the part of the Customer.
Velká Pecka shall neither be liable for any losses caused by force majeure nor for any Velká Pecka Portal losses caused by an interruption of the power supply.
Velká Pecka shall not be responsible for a continuous, uninterrupted, error free and safe operation of the Velká Pecka portal. Velká Pecka shall not be liable for advertising or promotion carried out by any third party through the Velká Pecka Portal or for errors caused by third party interventions in the Velká Pecka Portal or as a result of its use contrary to its purpose.
Velká Pecka shall not be liable for any services provided by entities different from Velká Pecka, in particular operators of payment systems specified in the Article. In these GTC or delivery services (couriers) or for any consequences of their acts or rights and obligations related to these services.
The Goods availability is bound to warehouse stock and Velká Pecka shall not guarantee the availability of the Goods. In an event it is not possible to process the Order for any reason on the part of Velká Pecka, the Customer will be advised thereof by phone using the phone number the Customer will specify in the Order as his contact phone.
In addition Velká Pecka is not liable for any breach of GTC if caused by circumstances excluding its liability, namely by the provisions of the section 2924.
VII. Tobacco products, alcoholic beverages and drugstore goods
Tobacco products and alcoholic beverages may only be sold to persons over 18 years of age; their sale to younger persons is prohibited. In an event it is not possible to verify in a reliable way that a Customer is older than 18, the goods are not delivered and Velká Pecka is entitled to withdraw from the Agreement, unless the goods is delivered to legitimate representatives of the Customer.
Velká Pecka reserves the right to introduce - by means of the current offer at the Velká Pecka Portal and/or by means of the updated version of GTC - restrictions on the sale - similar to sale of tobacco products and alcoholic beverages - also for selected drugstore goods (e.g. household detergents or pesticides, or flammable, volatile or irritant or otherwise dangerous or harmful substances) as well as any other goods of a similar nature.
VIII. Other rights and obligations of Contracting parties
The Customer acknowledges that the content contained at the Velká Pecka Portal (including images of promoted Goods) is protected by the copyright law, in particular the Act No. 121/2000 Coll., the Copyright Act, as amended. The Customer undertakes to use the Velká Pecka Portal solely for its own needs and not to perform any activity that could allow it or third parties an unauthorised interference or unauthorised use (e.g. storage, modication or distribution) of the contents of the Velká Pecka Portal.
The access to and the use of the Velká Pecka portal by a customer is free of charge in compliance with GTC.
A customer is not entitled to use the Velká Pecka portal in a way that may have a negative impact on the operation of the Velká Pecka portal. The Velká Pecka Portal may only be used to the extent that does not conflict with the rights of other Velká Pecka Customers, and solely in compliance with the purpose of the Velká Pecka Portal.
A customer uses the Velká Pecka Portal at his own risk and agrees that any Goods images on the Velká Pecka Portal only are intended for the purpose of convenience.
Velká Pecka shall not be liable for any losses or damages incurred in relation to the use of services, use of information or downloading of data published on the Velká Pecka Portal, i.e. for errors, omissions, interruptions, malfunctions, delays, computer viruses or data loss of the Customer or any other third party using the Velká Pecka Portal or for any other tangible and intangible losses.
Velká Pecka reserves the right to limit or terminate the access of a Customer or another third person to the Velká Pecka Portal any time.
Velká Pecka is not bound by any ethical codices in relation to customers within the meaning of provisions of the section 1826, par. 1, clause e) of the Act No. 89/2012 Coll. of the Civil Code.
IX. GDPR, commercial communications and advertising
You can read about your personal data processing, length of the processing, under what circumstances we can send you business messages and other necessary information about the protection of your personal data in our GDPR.
X. Correspondence service
Unless agreed otherwise, all correspondence related to the Agreement must be delivered to the other party in writing, via e-mail, or in person or by registered mail through the postal service provider. It is delivered to the Customer via his email specified in the Order.
In case of the e-mail delivery a message is considered delivered upon its receipt by the incoming server. Any message delivered in person or through a postal service provider is considered received by the addressee upon taking over the consignment, or by the addressee refusing to accept the consignment. In case of a delivery through a postal service provider, a consignment is also deemed to have been delivered after a period of 10 days from depositing the consignment and the delivery of a notice to the addressee to collect the deposited consignment if the consignment is deposited with the postal service provider, even in case the addressee did not learn about depositing.
XI. Final provisions
If a relationship related to the use of the Velká Pecka Portal or a legal relationship established by the Agreement contains an international (foreign) element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the rights of the Customer (consumer) arising from generally binding legal regulations. The resolution of any disputes is fully within the jurisdiction of courts of the Czech Republic with territorial jurisdiction according to the registered office of Velká Pecka.
Customers may submit their complaints to the Czech Trade Inspection Authority (www.coi.cz), which is a government supervisory body for the field of the consumer protection.
Velká Pecka is authorized to perform this activity on a basis of the trade licence and its activity is not a subject to any other permission. The Trade Licensing Inspection is performed by the Trade Licensing Office within its competence.
Velká Pecka is entitled to terminate the sales of Goods or services on the Velká Pecka Portal any time.
If any of the provisions of the GTC is or becomes invalid or ineffective, such invalid provisions will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of any provision shall not affect the validity and effectiveness of the other provisions.
For contact details of the Velká Pecka customer support see the Velká Pecka web portal. The e-mail address: firstname.lastname@example.org, phone number: 800 730 740. Any questions, suggestions, comments or complaints are to be submitted via email@example.com.
Any out-of-court settlement of consumer conflicts under purchase agreements fall within the jurisdiction of the Czech Trade Inspection Authority with its registered office at Štěpánská 567/15, 120 00 Praha 2, Company registration number: 000 20 869, website: http://www.coi.cz or a conflict can be settled on-line via the dedicated platform available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=CS.
These Trade conditions come into effect on 10 July 2018.