Conditions for purchase and use of the Premium membership service for the website www.rohlik.cz

General Terms and Conditions

of VELKÁ PECKA s.r.o., ID No. 030 24 130, with its seat at Sokolovská 100/94, Karlín, 186 00 Prague 8, entered in the Commercial Register kept by the Prague Municipal Court in Section C, File No. 226550 ("Velká Pecka"), for the purchase of goods and/or services on the www.rohlik.cz portal (the "T&C").

Last updated as at 15 June 2020

I. Introductory Provisions

These T&C of Velká Pecka govern the mutual rights and obligations of the contractual parties arising in connection with or based upon the agreement on the provision of the Premium Membership service (the "Agreement") made between Velká Pecka and a customer of Velká Pecka (the "Customer") who, through the www.rohlik.cz portal (the "Velká Pecka Portal") and/or another URL and/or another mobile application, decides to enter into the Agreement with Velká Pecka.

II. Activation of the Premium Membership Service

The Customer has the option to activate a premium membership (the "Premium Membership") on the Velká Pecka Portal and thus to draw upon the benefits associated with Premium Membership.

Customers may choose from the following alternative setups of the Premium Membership service:

monthly Premium Membership – with automatic renewal and automatic charge of payments of the premium fee once per month, as of the first calendar day of each month, or
annual Premium Membership – with automatic renewal and automatic charge of payments of the premium fee once per year.

The Premium Membership service is subject to a fee of CZK 199 for monthly Premium Membership or 1999 CZK for annual Premium Membership.

By taking out Premium Membership, the Customer attains the following benefits:

free delivery to any location specified in the order (within the catchment areas delineated by the provider on the Velká Pecka Portal), with the exception of express orders,
express orders at a reduced rate of CZK 49,
free delivery for the TurboRohlík service,
guaranteed availability of slots from five hours after the order confirmation onward,
option to order, up to twice per month, below the minimum order value with free delivery,
priority support in the event of technical issues related to the delivery of goods by Velká Pecka,
guaranteed year-round 15% discount on selected products from the Rohlik.cz private label BEZ KOMPROMISU,
one month of free Premium Membership for every order whose delivery was delayed for more than 30 minutes (both in the case of monthly and annual Premium Membership),
compensation (in the form of credit) for items for which a complaint was submitted in the amount of twice the purchase price of the faulty item, or
access to an exclusive range of products available only to customers who have subscribed to Premium Membership (with the exception of the Last Minute category).

Customers may activate the Premium Membership service on the Velká Pecka Portal upon signing into their customer profile by clicking on the "Rohlik.cz Premium" link and then choosing between monthly Premium Membership or annual Premium Membership, by confirming their choice of "Activate monthly membership" or "Activate annual membership". The Velká Pecka Portal then redirects the Customer to ČSOB’s secure online payment gate where the Customer may pay the fee for monthly or annual Premium Membership via debit card/credit card.

As soon as the Customer pays for the Premium Membership service offered on the Velká Pecka Portal, Velká Pecka will deliver to the Customer (via their personal customer profile) a receipt, issued in compliance with the Electronic Sales Records Act, which can be accessed by the Customer under the relevant order.

III. Withdrawal from the Agreement on the Provision of the Premium Membership Service

In accordance with Sec. 1829 of the Civil Code, the Customer has the option to withdraw from the agreement on the provision of the Premium Membership service even without stating any reason, within 14 days from the conclusion of said agreement. In order to invoke their right of withdrawal from the Agreement, the Customer must give notice of withdrawal to Velká Pecka through one of the following channels:

via regular mail, to the address of the seat of Velká Pecka,
via e-mail, to: zakaznici@rohlik.cz;
over the phone, by calling: 800 730 740; or
by using a template form, whose current version is found here.

In the event of a valid withdrawal from the Agreement, the Customer will receive a refund in the form of cash credited to the bank account from which the Premium Membership fee was paid (transferred), whereas this refund shall be effected without unnecessary delay and in any case no later than within 14 days from the day on which Velká Pecka received the Customer’s notice of withdrawal. Provided the Customer has given express consent, the funds for Premium Membership may also be returned to them in the form of credit posted to their customer account. This credit is valid for an unlimited period of time.

IV. Cancellation of the Premium Membership Service

Customers may cancel their Premium Membership before expiry of the term of membership but in such a case are not entitled to a refund of the Premium Membership fee or part thereof. Customers may cancel their Premium Membership without giving reasons by using one of the following channels:

via regular mail, to the address of the seat of Velká Pecka,
via e-mail, to: zakaznici@rohlik.cz;
over the phone, by calling: 800 730 740; or
within the customer profile, which offers the Customer the option to turn off the automatic extension of their Premium Membership, whereupon the membership expires upon lapse of the term for which the Premium Membership was created.

Cases in which a Customer decides to cancel their Premium Membership between the 15th and 30th day from activation form an exception: in those cases, Velká Pecka will refund the Premium Membership fee to the user (Customer) by posting a corresponding amount of credit to their customer account. This credit is valid for an unlimited period of time.

Once 30 days have passed since the activation of Premium Membership, the Customer is only entitled to a refund of the fee if they used none of the benefits associated with the Premium Membership. In such a case, the fee will be refunded by posting the corresponding amount of credit to the customer account. This credit is valid for an unlimited period of time.

V. Liability and Warranties

Velká Pecka is not liable for any damage or other consequence incurred by the Customer based upon or in connection with the actions 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 accepts no liability for damage caused by force majeure, or for failures (downtime) of the Velká Pecka Portal caused, in particular, by power outages.

Velká Pecka assumes no liability for the smooth, uninterrupted, faultless and safe operation of the Velká Pecka Portal. Velká Pecka is not liable for advertisements or promotion carried out by any third party through the Velká Pecka Portal, or for mistakes caused as a consequence of third-party interference with the Velká Pecka Portal or as a consequence of using the Velká Pecka Portal in conflict with its designated purpose.

Velká Pecka does not accept liability for services provided by entities other than Velká Pecka, i.e., in particular, by the operators of the payment system referred to in Art. II of these T&C or by delivery staff (couriers), or for consequences of their actions of any kind, or the rights and obligations associated with these services.

Lastly, Velká Pecka is not liable for a breach of the T&C if circumstances are present which exclude its liability (i.e., in particular, within the meaning of Sec. 2924 of the Civil Code).

VI. Final Provisions

To the extent that the legal relationship in connection with the use of the Velká Pecka Portal or the legal relationship established by the Agreement contains an international element, the Parties agree that the relationship shall be governed by Czech law. This is without prejudice to the rights of the Customer (as consumer) under the generally binding provisions of statutory law. The authority to hear and decide disputes lies exclusively with the relevant Czech court with territorial jurisdiction pursuant to the registered seat of Velká Pecka.

Customers may bring complaints with the Czech Trade Inspection (www.coi.cz), which is the body of government oversight in the field of consumer protection.

Velká Pecka is authorized to pursue its operations based on a trade license, whereas its activities do not require any further permit or license. Trade inspections are being carried out by the Trade Licensing Office within the purview of its competencies.

Velká Pecka may at any time discontinue the sale of goods or services on the Velká Pecka Portal.

Velká Pecka may change or supplement these T&C to a reasonable extent, whereas it will always notify Customers of such change or addition beforehand, via e-mail message or in another appropriate manner so that Customers will be in a position to familiarize themselves with the new wording of the T&C without undue difficulties. If the Customers do not agree with the change, they may cancel the Agreement observing a one-month notice period.

If any provision of these T&C is or becomes invalid or inoperative, then the invalid provisions shall be replaced and superseded by a new provision whose intent and purpose comes as close as possible to the invalid provision. The invalidity or ineffectiveness of individual provisions has no bearing on the continued validity and effectiveness of all other provisions of these T&C.

The Velká Pecka customer service contact details can be found on the Velká Pecka Portal. The correspondence address for e-mail is: zakaznici@rohlik.cz, phone number: 800 730 740. Enquiries, suggestions, comments, or complaints of any kind may be addressed to zakaznici@rohlik.cz.

These T&C come into force and effect on 15 June 2020.