Business terms

THESE BUSINESS TERMS APPLY TO PURCHASES MADE ON THE INTERNET PORTAL WWW.PEPIS.SHOP. THESE TERMS SPECIFY THE RIGHTS AND OBLIGATIONS OF THE PROVIDER AND THE BUYER.

1. CONTACT INFORMATION:
   Company: PepisCR s.r.o.
   Identification number: 07545738
   VAT ID: CZ07545738
   Address: Pod Formankou 655/17, 14900 Praha - Újezd
   Contact email: info@pepis.shop
   FIO Bank account: 2801775366/2010
   (hereinafter referred to as the provider - seller)

2. INFORMATION

INFORMATION ABOUT PRODUCTS AND PRICES PROVIDED BY THE PROVIDER ARE BINDING EXCEPT FOR OBVIOUS ERRORS. PRICES ARE PRESENTED INCLUDING ALL TAXES (E.G., VAT) AND FEES, INCLUDING DELIVERY COSTS.

THE PACKAGING OF ALL PRODUCTS COMPLIES WITH THE STANDARDS ISSUED BY THE EUROPEAN COMMISSION.

THE FINAL PACKAGING OF ORDERS FOR END CUSTOMERS USES RECYCLABLE CARDBOARD, BUBBLE WRAP, AND ADHESIVE TAPE.

PACKAGES SENT/SHIPPED  OUTSIDE THE CZECH REPUBLIC:

• THEY ARE SAFE, AND IF A CUSTOMER ORDERS A PRODUCT THAT HAS ALREADY EXPIRED (THIS INFORMATION IS PROVIDED IN THE PRODUCT DETAILS ON OUR E-SHOP), ALL RESPONSIBILITY PASSES TO THE BUYER, AND CLAIMS WILL NOT BE ACCEPTED.
• EXPIRATION DATES ARE ESTABLISHED TO ENSURE THE SAFETY AND EFFICACY OF THE PRODUCTS WE OFFER. WE COMPLY WITH ALL REGULATIONS AND DIRECTIVES TO PROVIDE THE FRESHEST AND SAFEST PRODUCTS POSSIBLE. THEREFORE, IT IS IMPORTANT TO CHECK THE EXPIRATION DATES ON THE PRODUCTS YOU ARE PURCHASING AND ENSURE THEY MEET YOUR REQUIREMENTS BEFORE PLACING AN ORDER.
• PLEASE CONSIDER THE DELIVERY TIME IN RELATION TO THE EXPIRATION DATE OF THE PRODUCTS. THIS MEANS THAT IF A PRODUCT HAS A SHORT EXPIRATION DATE AND THE DELIVERY TIME IS LONGER, WE CANNOT GUARANTEE THAT YOU WILL RECEIVE THE PACKAGE WITH THE PRODUCTS BEFORE THE PRODUCT'S EXPIRATION DATE.
• PURCHASES ARE MADE ON A CZECH E-SHOP, AND THEREFORE, ALL LABELS AND NUTRITIONAL VALUES OF PRODUCTS ARE IN THE CZECH LANGUAGE. FOR TRANSLATION, USE THE AUTOMATIC TRANSLATION FEATURE LOCATED AT THE TOP OF THE WEBSITE.

Payment Method:

• Payment in Czech Crowns/Kč/CZK
  Fio Bank Account Number: 2801775366/2010 
  Variable Symbol: Číslo objednávky
   

• International Payment in Euros/€/EUR
  IBAN: CZ3320100000002401775367
  BIC/SWIFT: FIOBCZPPXXX
  Payment Reference: Číslo objednávky
  

• Cash on Delivery
  For payment on delivery, please write a note in the order
   

The provider does not charge any fees based on the payment method.

INTRODUCTORY PROVISIONS

• These terms and conditions (hereinafter referred to as "Terms and Conditions") of the business company PepisCR s.r.o., with its registered office in Prague, U Rakovky 1229/4, identification number: 07545738, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 302841 (hereinafter referred to as the "Seller"), regulate, in accordance with Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase agreement (hereinafter referred to as the "Purchase Agreement") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online store. The online store is operated by the Seller on the website located at the internet address www.pepis.shop (hereinafter referred to as the "Website") through the interface of the Website (hereinafter referred to as the "Online Store Interface").
• The terms and conditions do not apply to cases where the individual intending to purchase goods from the seller is a legal entity or a person who is acting in the course of ordering goods as part of their business activities or in the course of their independent professional practice.
• Provisions differing from the terms and conditions can be agreed upon in the purchase agreement. Deviating arrangements in the purchase agreement take precedence over the provisions of the terms and conditions.
• The provisions of the terms and conditions are an integral part of the purchase agreement. The purchase agreement and the terms and conditions are prepared in the Czech language. The purchase agreement can be concluded in the Czech language.
• The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations that arise during the effectiveness of the previous version of the terms and conditions.

USER ACCOUNT

• Based on the registration made by the buyer on the website, the buyer can access their user interface. From their user interface, the buyer can place orders for goods (hereinafter referred to as the "user account"). If the online store interface allows it, the buyer can also place orders for goods without registration directly from the online store interface.
• During registration on the website and when ordering goods, the buyer is obligated to provide all information correctly and truthfully. The buyer must update the information in their user account when it changes. The information provided by the buyer in the user account and when ordering goods is considered accurate by the seller.
• Access to the user account is secured by a username and password. The buyer is required to maintain confidentiality regarding the information necessary for accessing their user account.
• The buyer is not authorized to allow third parties to use their user account.
• The seller may terminate the user account, especially if the buyer does not use their user account for more than 12 months or if the buyer violates their obligations under the purchase agreement (including the terms and conditions).
• The buyer acknowledges that the user account may not be available continuously, particularly due to the necessary maintenance of the seller's hardware and software, or the necessary maintenance of hardware and software provided by third parties.

CONCLUSION OF THE PURCHASE AGREEMENT

• All product presentations within the online store's interface are of an informative nature, and the seller is not obligated to conclude a purchase agreement for this product. The provisions of Section §1732 (2) of the Civil Code do not apply.
• The online store's interface contains information about the products, including the prices of individual products and the costs of returning the product if, due to its nature, it cannot be returned by regular mail. The prices of products are stated, including value-added tax and all related fees. The prices of products remain valid for the duration they are displayed in the online store's interface. This provision does not limit the seller's ability to conclude a purchase agreement under individually negotiated conditions.
• The online store's interface also provides information about the costs associated with packaging and delivery of products. Information about the costs of packaging and delivery listed in the online store's interface applies only when the products are delivered within the territory of the Czech Republic.
• To order goods, the buyer fills out the order form in the online store's interface. The order form includes, in particular, information about:
  • Information about the costs associated with the delivery of goods (hereinafter collectively referred to as the "order").
  • The method of payment for the purchase price of the goods, details about the preferred method of delivery for the ordered goods
  • The ordered goods (the buyer "places" the ordered goods in the electronic shopping cart of the online store's interface),
  • Before sending the order to the seller, the buyer is allowed to review and modify the data entered into the order, taking into account the buyer's ability to identify and correct errors that may occur when entering data into the order. The buyer sends the order to the seller by clicking the "COMPLETE ORDER" button. The information provided in the order is considered accurate by the seller. The seller promptly confirms receipt of the order to the buyer via email sent to the buyer's email address provided in the user account or in the order (hereinafter referred to as the "buyer's email address").
• The seller is always authorized, depending on the nature of the order (quantity of goods, purchase price, anticipated shipping costs), to request additional confirmation of the order from the buyer (e.g., in writing or by phone).
• The contractual relationship between the seller and the buyer is established upon the delivery of the order acceptance, which is sent by the seller to the buyer via email to the buyer's email address.
• The buyer agrees to the use of remote communication means when concluding the purchase agreement. The costs incurred by the buyer for the use of remote communication means in connection with the conclusion of the purchase agreement (e.g., internet connection costs, telephone call expenses) are borne by the buyer, and these costs do not differ from the basic rates..
• The seller is entitled to compensation for damages in an amount equivalent to the postage for the outbound and return journey, as well as packaging costs.

PRICE OF GOODS AND PAYMENT CONDITIONS

• The price of the goods and any costs associated with the delivery of the goods under the purchase agreement can be paid by the buyer to the seller through the following methods:
  • In cash on delivery at the location specified by the buyer in the order;
  • Non-cash transfer to the seller's account No. 2801775366/2010, held with the Czech company Fio Bank (hereinafter referred to as the "seller's account");
  • International payments by non-cash transfer to account No. IBAN: CZ3320100000002401775367
    
  • Non-cash payment via the Comgate payment system;
  • Non-cash payment by credit card;

• Together with the purchase price, the buyer is obliged to pay the seller for the costs associated with the packaging and delivery of the goods at the agreed-upon amount. Unless expressly stated otherwise, the purchase price includes the costs related to the delivery of the goods.
• The seller does not require the buyer to provide a deposit or any similar payment. This provision does not affect the provisions in Article 4.6 of the terms and conditions concerning the obligation to pay the purchase price of the goods in advance.
• In the case of cash payment or payment on delivery, the purchase price is due upon receiving the goods.
• In the case of non-cash payment, the buyer is obligated to pay the purchase price along with providing the payment variable symbol. The buyer's obligation to pay the purchase price is fulfilled at the moment when the relevant amount is credited to the seller's account.
• The seller is entitled, especially if the buyer does not provide additional confirmation of the order (Article 3.6), to demand the payment of the entire purchase price before dispatching the goods to the buyer. The provisions of Section § 2119 (1) of the Civil Code do not apply.
• Any discounts on the price of the goods provided by the seller to the buyer cannot be combined.
• If it is customary in the business relationship or required by generally binding legal regulations, the seller will issue a tax document - an invoice to the buyer regarding payments made based on the purchase agreement. The seller is the payer of value-added tax. The tax document - invoice will be issued by the seller to the buyer after the payment of the purchase price and sent electronically to the buyer's email address.
• According to the law on revenue records, the seller is obliged to issue a receipt to the buyer. At the same time, the seller is required to register the received revenue with the tax administrator online; in the event of a technical failure, no later than within 48 hours.

WITHDRAWAL FROM THE SALES CONTRACT

• The buyer acknowledges that, in accordance with Section § 1837 of the Civil Code, the right to withdraw from the sales contract cannot be exercised, among other things, in the case of a contract for the supply of goods that have been customized according to the buyer's wishes or for their person, in the case of a contract for the supply of goods that are subject to rapid deterioration, or for goods that have been irreversibly mixed with other goods, in the case of a contract for the supply of goods in a sealed package that the consumer has removed from the package and for hygienic reasons cannot be returned, and in the case of a contract for the supply of audio or video recordings or computer programs, if the buyer has broken their original packaging..
• If it is not a case specified in Article 5.1 of the terms and conditions or another case where withdrawal from the sales contract is not possible, the buyer, in accordance with Section § 1829 (1) of the Civil Code, has the right to withdraw from the sales contract within fourteen (14) days from the receipt of the goods. In the case of a contract covering several types of goods or the delivery of several parts, this period begins to run from the day following the receipt of the last delivery of the goods. The withdrawal from the sales contract must be sent to the seller within the time limit mentioned in the preceding sentence. The buyer may use the withdrawal form provided by the seller, which is attached to the terms and conditions, for the withdrawal from the sales contract. The buyer may also send the withdrawal from the sales contract to the seller's operating address or to the seller's email address at info@pepis.shop.
• In the case of withdrawal from the sales contract under Article 5.2 of the terms and conditions, the sales contract is canceled from the beginning. The goods must be returned by the buyer to the seller within fourteen (14) days from the date of withdrawal from the sales contract. If the buyer withdraws from the sales contract, the buyer bears the costs associated with returning the goods to the seller, even if the nature of the goods makes it impossible to return them by regular postal service. The customer also has the right to return the goods to the address at Prague 4, U Rakovky 1229/4. The customer is not entitled to reimbursement for transportation costs when sending the package.
• The right to compensation for damage to the goods is unilaterally offset by the seller against the buyer's claim for a refund of the purchase price.. 
• In cases where, in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, the buyer has the right to withdraw from the purchase contract, the seller is also entitled to withdraw from the purchase contract at any time until the goods are taken over by the buyer. In such cases, the seller will refund the purchase price to the buyer without undue delay, by a non-cash transfer to the account designated by the buyer.
• If, together with the goods, a gift is provided to the buyer, a gift agreement is concluded between the seller and the buyer with a resolutive condition that if the buyer withdraws from the purchase contract, the gift agreement regarding such a gift loses its effect, and the buyer is obliged to return the provided gift to the seller along with the goods.
• The returned order will be inspected by the seller, and for each undamaged item, the customer will be refunded the original amount minus 10% for services related to order processing and the elapsed shelf life of the goods during the process..
• If the buyer does not accept the delivered shipment and wishes to withdraw from the purchase agreement, they are obliged to cover the transportation costs, even if the shipment was not accepted.

REFUNDS

• In case of withdrawal from the purchase agreement according to Article 5.2 of the Terms and Conditions, the purchase agreement is canceled from the beginning. The goods must be returned to the seller by the buyer within fourteen (14) days of the delivery of the withdrawal from the purchase agreement to the seller. If the buyer withdraws from the purchase agreement, the buyer shall bear the costs associated with returning the goods to the seller, even in cases where the nature of the goods does not allow them to be returned by regular postal service.

TRANSPORT AND DELIVERY OF GOODS

• In the event that the method of transport is agreed upon based on the buyer's special request, the buyer bears the risk and any additional costs associated with this method of transport.
• If, according to the purchase agreement, the seller is obliged to deliver the goods to the location specified by the buyer in the order, the buyer is obliged to accept the goods upon delivery.
• If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the buyer is obliged to cover the costs associated with the repeated delivery or the alternative delivery method. (We recommend checking your email, phone, and address at least twice)
• Upon taking delivery of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods, and in the event of any defects, immediately notify the carrier. In case of finding damage to the packaging indicating unauthorized intrusion into the shipment, the buyer is not obliged to accept the shipment from the carrier.
• Other rights and obligations of the parties in the transportation of goods may be regulated by the special delivery terms issued by the seller if such terms are provided.
• The sender is not responsible for the delivery status affected by the carrier and other factors, such as weather.
• The sender is not responsible for melted chocolate due to adverse weather conditions.
• The sender is not responsible for damaged cans by the carrier.

RIGHTS FROM DEFECTIVE PERFORMANCE

• The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant mandatory legal regulations (in particular, the provisions of § 1914 to 1925, § 2099 to 2117, and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
• The seller guarantees to the buyer that the goods are free from defects upon receipt. In particular, the seller guarantees to the buyer that at the time when the buyer took over the goods:
  • the goods have the properties that the parties have agreed upon. In the absence of an agreement, the goods have such properties that the seller or manufacturer has described, or which the buyer expected given the nature of the goods and based on the advertising conducted by them,
  • the goods are fit for the purpose stated by the seller for their use, or for the purpose for which goods of this kind are typically used,
  • the goods correspond in quality or performance to the agreed sample or model if the quality or performance was determined according to the agreed sample or model,
  • the goods are in the appropriate quantity, measurement, or weight, and
  • the goods comply with the requirements of legal regulations.
• The provisions specified in Article 7.2 of the terms and conditions do not apply to goods sold at a lower price for a defect for which the lower price was agreed, for wear and tear of the goods caused by their normal use, for used goods for a defect corresponding to the extent of use or wear and tear that the goods had at the time of receipt by the buyer, or if it arises from the nature of the goods.
• If a defect becomes apparent within 8 days of receipt, it is deemed that the goods were defective at the time of receipt. The buyer is entitled to assert their rights regarding defects that arise within this period.
• The buyer asserts their rights from defective performance at the seller's premises, where the acceptance of a complaint is possible based on the range of goods sold, or at the seller's registered office or place of business.
• Additional rights and obligations of the parties related to the seller's liability for defects can be regulated by the seller's complaint procedure.

ADDITIONAL RIGHTS AND OBLIGATIONS OF THE PARTIES

• The buyer acquires ownership of the goods by paying the full purchase price of the goods
• The seller is not bound to any codes of conduct towards the buyer in the sense of the provision of § 1826, paragraph 1, letter e) of the Civil Code.
• The handling of consumer complaints is provided by the seller through the email address info@pepis.shop. The seller will send information about the resolution of the buyer's complaint to the buyer's email address.
• The entity responsible for out-of-court resolution of consumer disputes is the Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Identification Number (IČ): 000 20 869, and website: coi.cz. The online platform for resolving disputes can be used in the case of disputes between the seller and the buyer from the sales contract. This platform is available at the website http://ec.europa.eu/consumers/odr.
• The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, serves as the contact point in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).
• The seller is authorized to sell goods based on a trade license. The trade inspection is carried out within the scope of their authority by the relevant trade authority. The supervision in the field of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection carries out, among other things, supervision within defined limits to ensure compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
• The buyer hereby assumes the risk of changes in circumstances as per Section § 1765(2) of the Civil Code.

SENDING COMMERCIAL MESSAGES AND STORING COOKIES

• The buyer agrees to receive information related to the goods, services, or the seller's business at the buyer's electronic address and also agrees to receive commercial messages from the seller at the buyer's electronic address. The buyer acknowledges their information obligation towards the buyer. The buyer consents to the storage of so-called cookies on their computer. In case it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase contract without the storage of so-called cookies on the buyer's computer, the buyer can withdraw their consent at any time as per the previous sentence.

DELIVERY

• The buyer can receive it at the buyer's electronic address..

FINAL PROVISIONS

• If a contractual relationship established by the purchase agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. The choice of law according to the previous sentence does not deprive the buyer, who is a consumer, of the protection provided to them by the provisions of the legal order from which no contractual deviation is possible and which would otherwise be applied in the absence of a choice of law in accordance with Article 6(1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I)
• If any provision of the terms and conditions is invalid or ineffective, or becomes so, a provision whose meaning as closely as possible approximates that of the invalid provision shall apply in its place. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
• The purchase agreement, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
• Contact information for the seller: Delivery address PepisCR s.r.o., Dobronická 1257, 148 00 Prague 4 - Vimbau complex, Hall A1, email address info@pepis.shop, phone +420 608 999 488.