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Terms and Conditions valid and effective from 1.7.2016

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Download Terms and Conditions in PDF format here.

1. Introductory provisions

1.1 In accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll. (Civil Code) as amended, the trading company Designfoods s.r.o. hereby issues these Terms and Conditions, which form an integral part of the purchase contract concluded between: 

Designfoods s.r.o., based at Na Farském 2, 789 01 Zábřeh, ID No.: 27842762, objednavky@viadelicia.cz, tel. 583 455 081, registered with the Commercial Register at the Regional Court in Ostrava, Section C, File No. 43276, (Seller) as one party, and the Purchaser as the other party.

1.2 The Purchaser is a legal entity or individual that concludes a purchase contract with the Seller via the Seller’s internet shop hosted at www.viadelicia.cz (eShop).

1.3 If the Purchaser is a consumer as defined by Section 419 of Act No. 89/2012 Coll., relations not covered by these Terms and Conditions are governed by Act No. 89/2012 Coll. If the Purchaser orders / purchases goods during the course of its business or a separate profession, relations not covered by these Terms and Conditions are governed by Act No. 89/2012 Coll., while the provisions of Section 2158 - Section 2174 do not apply.

1.4 By sending an offer to conclude a contract (order), the Purchaser confirms that it is familiar with the complete wording of these Terms and Conditions, that it understands all the provisions therein, and agrees to them in their entirety.

1.5 The Seller is entitled to change wording of these Terms and Conditions at any time. The Purchaser is bound by the contractual terms that apply at the moment the purchase contract is concluded.

2. Conclusion of purchase contract

2.1 By selecting and subsequently ordering goods offered by the Seller (by completing an order form) the Purchaser submits an offer to conclude a purchase contract to the Seller. The purchase contract between the Seller and the Purchaser is concluded at the moment this offer is accepted, i.e. the moment the order is confirmed by the Seller through a confirmation email sent to the Purchaser. If no such confirmation is sent by the Seller, the purchase contract is not concluded. 

2.2 The order form particularly includes identification of the goods, the price of the goods, the method and cost of transporting the goods, a link to the Terms and Conditions and space for the Purchaser’s identification details to be entered. 

2.3 The Purchaser’s identification details particularly include the Purchaser’s full name or company trade name, address or registered office, date of birth or ID No., as well as email address, contact telephone number, and delivery address, where applicable. 

2.4 The prices of all goods offered on the Seller’s eShop are inclusive of VAT and all sale-related fees (with the exception of postage and packing, which is listed separately). The price of the goods is valid when published on the Seller’s eShop. 

2.5 All of the requisite details must be completed in the order form for an order to be valid, including consent to these Terms and Conditions. 

2.6 The Purchaser is aware of the fact that the Seller is not obliged to conclude a purchase contract with the Purchaser for all the goods listed in the Seller’s eShop, i.e. that displaying goods in the Seller’s eShop does not constitute an offer to conclude a contract as defined by Section 1732(2) of the Civil Code

2.7 All the facts stated by the Purchaser in the note in the order form are part of the purchase contract, if they are accepted without reservation by the Seller. If the Purchaser’s order is not accepted without reservation by the Seller, the purchase contract is not concluded. If one of the Purchaser’s requirements is acceptable to the Seller, the Seller will then send the Purchaser a new proposal to conclude the contract. If the Purchaser accepts the Seller’s new proposal without reservation, the purchase contract is concluded.

2.8 In circumstances worthy of consideration, the Seller is entitled to request that the Purchaser confirm the order by telephone or in writing before confirming the order and thus concluding the purchase contract. 

3. Rights and obligations of the contracting parties

3.1 Concluding the purchase contract obliges the Seller to provide the Purchaser with the ordered goods and obliges the Purchaser to pay the Seller the agreed price for those goods.

3.2 The Purchaser is obliged to accept goods ordered and delivered in accordance with the purchase contract and these Terms and Conditions.

3.3 If it is necessary for the Purchaser to deliver the goods in a manner other than that agreed in the contract, the Seller is entitled to claim all the costs associated with that form of delivery from the Purchaser.

4. Withdrawal from contract

  Form for withdrawing from the contract

4.1 In accordance with the provisions of Section 1829 of the Civil Code, a Purchaser who is a consumer as defined by Section 419 of the Civil Code has the right to withdraw from the purchase contract within 14 days. This 14-day period commences on the day the contract is concluded and, if it is a 
a) purchase contract, from the date the goods are accepted, 
b) a contract for several types of goods or the delivery of goods in several parts, from the date the last delivery of goods is accepted, or 
c) a contract for regular recurring deliveries of goods, from the date the first delivery of goods is accepted. 

4.2 If the Purchaser withdraws from the contract, any goods received from the Seller must be sent or handed back to the Seller without undue delay, although no later than within 14 days of the date of withdrawal from the contract.

4.3 If the Purchaser withdraws from the contract, the Seller will return all monies received from the Purchaser under the contract without undue delay, although no later than within 14 days of the date of withdrawal from the contract, including delivery costs (with the exception of additional costs incurred as a result of a delivery method selected by the Purchaser which differs from the cheapest form of standard delivery offered by the Seller).

4.4 If the Purchaser withdraws from the purchase contract, the Seller is not obliged to return monies received from the Purchaser to the Purchaser before the Purchaser has returned the goods or proves that the goods have been sent to the Seller.

4.5 The costs of returning the goods to the Seller are to be paid in full by the Purchaser.

4.6 The Purchaser is liable to the Seller for any reduction in the value of the goods caused as a result of handling the goods in an improper manner given their nature and properties.

4.7 The Purchaser may not withdraw from the contracts specified in Section 1837 of Act No. 89/2012 Coll., the Civil Code.

4.8 Until the goods are accepted by the Purchaser, the Seller is entitled to withdraw from the purchase contract if circumstances arise which prevent the Seller from delivering an order of goods to the Purchaser.

5. Payment terms and transfer of ownership rights 

5.1 The Purchaser is not obliged to pay the Seller a deposit on goods ordered, with the exception of cases explicitly agreed in the order.

5.2 The goods will be delivered / handed over to the Purchaser upon payment of the full purchase price, including delivery costs. The purchase price is payable the moment the goods are accepted.

5.3 The ownership rights to the goods ordered passes from the Seller to the Purchaser upon complete payment of the purchase price, including delivery costs.

5.4 The Purchaser explicitly agrees that the invoice may be sent in electronic form (instead of a written invoice) to the Purchaser’s email address.

6. Rights arising from defective performance 

6.1 The contracting parties’ rights and obligations arising from defective performance between the entrepreneurs (the Seller and the Purchaser are entrepreneurs as defined by Section 420 of the Civil Code) are governed by Act No. 89/2012 Coll., specifically the provisions of Section 2099 - Section 2112.

6.2 The contracting parties’ rights and obligations arising from defective performance between the entrepreneur (Seller) and the consumer (Purchaser) are governed by Act No. 89/2012 Coll., specifically the provisions of Section 2165 - Section 2174. 

If an item does not have the properties defined in Section 2161 (i.e. when the Purchaser accepts an item, it does not have the properties agreed between the parties, and, if no such agreement exists, it does not have the properties described by the Seller or manufacturer or expected by the Purchaser given the nature of the goods and the properties advertised, the item is not suited for the purpose stated by the Seller or for which that type of item is usually used, the quality or design of the item does not match the contractual sample or draft, if the quality or design of the item has been determined according to a contractual sample or draft, if the item is not delivered in the corresponding quantity, extent or weight and the item does not comply with the legislative requirements), the Purchaser may also request that a new defect-free item be supplied, if such a request is reasonable given the nature of the defect; however, if the defect only affects part of the item, the Purchaser may only request that the part be replaced; if this is not possible, the Purchaser may withdraw from the contract. However, if this is disproportionate given the nature of the defect, particularly if the defect can be rectified without undue delay, the Purchaser has the right to have the defect rectified free of charge. 

The Purchaser also has the right to receive a new item or have a component replaced if an item cannot be used properly due to a recurring defect or multiple defects. In such a case the Purchaser also has the right to withdraw from the contract. 

If the Purchaser does not withdraw from the contract or does not exercise the right to receive a new item, have a component replaced or have the item repaired, it may request an appropriate discount. The Purchaser also has the right to an appropriate discount if the Seller is unable to supply a new defect-free item, replace a component or repair the item, as well as if the Seller fails to rectify the fault within a reasonable period of time or if rectifying the fault would cause the consumer considerable difficulties.

The Purchaser is entitled to file a claim at the Seller’s premises at Na Farském 1, 789 01 Zábřeh, in person or by sending the defective goods to the address of the Seller’s premises. If the Purchaser files a claim concerning goods that have been damaged during transport, instead of sending the damaged goods, it is sufficient if the Purchaser sends a photograph of the damaged goods to the Seller, as well as a photograph of the damaged packaging if the packaging of the goods was also damaged upon receipt. If the packaging of the goods has been damaged during transport, the Purchaser is entitled to refuse to accept the goods.

The Seller is obliged to issue (send) the consumer written confirmation of the date on which the consumer filed the claim, the content of the claim and the manner in which the consumer requests that the claim be settled, as well as confirmation of the date and means of settling the claim, including confirmation of any repairs performed and their duration, together with a written reasons for rejecting the claim, if applicable.

If the Seller settles the claim by replacing the goods, the obligation stipulated in the previous paragraph does not apply.

There must always be a person authorised to handle claims on the premises during opening hours.

The Seller or its authorised employee will decide on the claim immediately, or within three working days in the case of more complex cases. This length of time does not include the reasonable amount of time needed for an expert assessment of the defect, depending on the type of product or service. Claims, including rectification of defects, must be settled without undue delay, no later than within 30 days of the date the claim was filed, unless the Seller and the consumer agree on a later deadline. Expiry of that period is regarded as a fundamental breach of contract. 

7. Protection of personal data

7.1 In accordance with Act No. 101/2000 Coll., on the Protection of Personal Data, and the amendment to certain laws, the Purchaser hereby consents to allow the Seller to collect, process, store and use the personal data provided by the Purchaser, for the purposes of the Seller’s information and accounting systems and for use in the Seller’s marketing campaigns, in order to keep the Purchaser informed about the Seller’s new products.

7.2 This data particularly comprises the full name of the Purchaser / trade name, address / registered office, delivery address, date of birth, Birth Reg. No. ID. No., email address and telephone number.

7.3 The Purchaser explicitly consents to being sent commercial information pursuant to Act No. 480/2004 Coll., as amended, by the Seller to the Purchaser’s email address.

7.4 The Purchaser grants consent and authorisation to the above for an unlimited period, commencing on the date the order is sent.

8. Final provisions

8.1 All relations not covered by these Terms and Conditions are governed by the relevant provisions of the Civil Code and other related laws.

8.2 If any of the provisions of these Terms and Conditions are found to be invalid, this does not affect the validity or effectiveness of the other provisions of these Terms and Conditions.

8.3 If a general purchase contract is concluded between the Seller and the Purchaser which defines the rights and obligations of the contracting parties upon re-concluding a purchase contract, all the arrangements between the Seller and the Purchaser contained in that general purchase contract take preference over the contested provisions of these Terms and Conditions.

8.4 The authority competent to handle consumer disputes arising from a purchase contract is the Czech Trade Inspection Authority, www.coi.cz (Štěpánská 567/15, 120 00 Praha 2).

Bezchlebova rodinná konzervárna Via Delicia
Na Farském 1
789 01 Zábřeh

Tel.: 583 455 081
Skype: olin.bezchleba
Facebook
www.viadelicia.cz 

Account No.: 3454124001/5500
Designfoods s.r.o., ID No. 27842762

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