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Business Terms and Condition

WEB STORE WWW.GETFRESH.CZ AND (TELEPHONE ORDERS)

These Terms and Conditions relate to any and all orders made through the website http://www.getfresh.cz or telephone line +420601142067.

These Terms and Conditions are effective from 1 July 2017.

Seller and operator for the area of Brno and neighboring areas: Getfresh cz (FIRI s.r.o.), with the registered office at Divadelní 3, 620 00 Brno, company identification No. 26280884, tax identification No. CZ26280884, kept at the Regional Court in Brno, Section C, Insert 41642, other contact details info@getfresh.cz and +420 601142067

PARTIES

Purchaser – natural person or legal entity, which ordered the goods (food and beverages) and its delivery through the web store http://www.getfresh.cz by means of an electronic form, specified by data, which it entered in the order in the web form.

Consumer – purchasing natural person, who concludes a contract with Getfresh out of its business activities or out of individual performance of its job or who negotiates with it in another manner.

GENERAL INFORMATION

  1. Offered goods are all the goods presented on website http://www.getfresh.cz, description of particular goods is attached directly to the goods.
  2. Price of the goods is always stated at each goods, including VAT.
  3. Contract concluded using electronic means shall be filed at Getfresh only for the period necessary for executing of an order, access to it shall be allowed to the purchaser (consumer) at the time of conclusion of the contract and further subsequent access shall not be allowed. The contract may be concluded in the Czech language. No codes of conduct are binding for Getfresh except for legal regulations of the Czech Republic.
  4. Getfresh reserves the right not to conclude the contract with purchasers, who refused in previous order to pay duly the price of the order. Getfresh reserves the right not to conclude the contract with delivery to some areas that are risky in the given period (for example bad practicability of roads in some villages).
  5. Answer of the party to this contract, under Section 1740 paragraph 3 of the Civil Code, with addition or deviation, shall not be acceptance of offer for conclusion of this contract, even if it does not change conditions of the offer significantly. Parties to the contract must approve the changes mutually.
  6. To exclude any doubts it is mentioned that no obligation between the contracting parties shall not be the obligation under Section 1980 of the Civil Code.
  7. If any of provisions hereof turns to be putative (null), impact of such defect on other provisions hereof shall be considered similarly under Section 576 of the Civil Code.
  8. By acceptance of the order through the web form the order is considered by Getfresh as accepted, unless Getfresh notifies by telephone otherwise. After acceptance of the order by Getfresh it may be cancelled (countermanded) by the purchaser only with consent of Getfresh. If the purchaser provides when ordering (in any manner) incorrect contact data, Getfresh shall be entitled to cancel (countermand) the order.
  9. Allergens are stated in the details of the product. In the Getfresh’s plant there are separated working areas for processing of various types of food, trace amounts of allergens may exceptionally occur in all foodstuffs.

DELIVERY PAYMENT

  1. When taking over the parcel the purchaser shall be entitled to check the parcel, whether it is not damaged mechanically. In the case of damage the purchaser shall be entitled to make a complaint.
  2. If the purchaser does not take over the goods and the costs arise to Getfresh for that reason, Getfresh shall be entitled to require such costs from the purchaser. Costs for transport to the purchaser and return after non-takeover shall be at the maximum estimated amount of CZK 400. Purchaser shall be obliged to confirm takeover of the goods, if required so and until the period of takeover confirmation Getfresh shall not be obliged to hand over the goods.
  3. Advance payment is not collected, payment shall be made under selected manner of payment.
  4. Price of the goods is including its package.

DELIVERY, MANNERS OF PAYMENT, MANNERS OF DELIVERY, DELIVERY DATES, PRICES FOR DELIVERY, PRICES FOR MANNERS OF PAYMENT

  1. Manners of payment: in cash at the handover, payment by luncheon vouchers (Ticket Restaurant, Sodexo, Cheque Déjauners) at the handover, by payment card when making the order (by means of secured Internet payment gateway ComGate Payments, as). Costs for manner of payment are included in the price for transport. All payments are made in the Czech currency, unless expressly agreed otherwise.
  2. In the case of payment in cash when the goods are delivered by courier service (our distribution) it is necessary to announce payment by a banknote higher than CZK 1,000 when making the order.
    At payment by luncheon vouchers, the change is not given back.
  3. By conclusion of the purchase agreement the purchaser grants its consent to Getfresh to processing of its contact details until the moment of its written expression of its disagreement with such processing. Contact details that the purchaser provides when ordering the goods, shall serve solely for our needs and shall not be provided to other entities with the exception of payment processors.
  4. Manners of delivery: by courier service (our distribution) – to use the courier service the minimum amount of order under the given zone shall be necessary, collection in person.
  5. Distribution hours:
    Mo - Fri: 10:00 – 13:30
  6. Costs for delivery:
    Collection in person CZK 0.
    Courier service (our distribution) CZK 0 - to use the courier service the minimum amount of order under the given zone shall be necessary.
  7. Places for collection in person: plant - shop
    Na Poříčí 41/1
    66451 Šlapanice

ZONES FOR DELIVERY BY COURIER, DELIVERY TIME

If the place of delivery is located in the given zone, it is necessary to use the mentioned minimum order for use of the courier service. All the ordered goods are included in the amount of the minimum order. At the same time there is usual time of delivery stated from the order to the place of delivery in the respective zone, such mentioned period is only indicative. When making the order, the current estimated time of delivery will be notified (Getfresh reserves ca 15 – 25 minute’s margin in delivery punctuality). Getfresh shall not be liable for delay caused by the third party (accident, weather etc.) Getfresh shall not be liable, since it is force majeure – in such case the purchaser shall be informed by telephone as soon as possible.

WARRANTY AND COMPLAINTS

  1. The purchaser shall be obliged to notify Getfresh on any defect immediately after it learns or might have learnt about it. The purchaser shall have no rights from defective performance, if it is defect that it must have recognized exerting usual attention already at handover of the goods.
  2. The purchaser shall have the right to receive at takeover of the goods also the sales slip. In the case that it does not receive any, the purchaser shall be obliged to notify that immediately on contact telephone number. Getfresh shall be entitled to decide that the order without the duly delivered sales slip shall be delivered to the purchaser free of charge, for which the purchaser has no legal claim.
  3. The food is determined for immediate consumption. At the packed goods in the original package (in particular beverages) minimum durability is stated on the package of the goods.
  4. If the goods have defects and if the defect is removable, the purchaser may demand either removal of the defect or delivery of what is missing or adequate discount of the price. If the defect may not be removed and the goods may not be duly used for such defect, the purchaser may either withdraw from the contract or demand adequate discount of the price.
  5. The purchaser may not withdraw from the contract or require delivery of new goods, if it cannot return the goods in the condition, in which it received it. This shall not apply if,
    1. the condition was changed in the consequence of inspection for the purpose of finding out of the defect,
    2. the purchaser used the thing before finding out of the defect,použil-li kupující věc ještě před objevením vady,
    3. the purchaser did not cause impossibility of returning of the thing in unchanged condition by its acting or omission,
    4. the purchaser consumed the goods or if it changed the goods during usual use; if it happened so only partly, the purchaser shall return to Getfresh what it can return and compensate Getfresh up to amount, to which it benefited from use of the thing.
  6. Getfresh shall be liable for all defects of the goods that the goods have when being taken over by the purchaser. Natural changes in characteristics of the goods may not be considered as defect. It is always necessary to use the purchased goods for the purposes, for which it is determined by the producer (for example food is determined for immediate consumption, not for storing).
  7. In the case of legitimate complaint the costs for transport shall be paid by Getfresh.

PERSONAL DATA PROTECTION

The purchaser agrees with collecting, keeping and processing of personal data provided to administrator (i.e. Getfresh). It grants this consent regarding all data provided by telephone, contained in the order form or handed over in another manner, for an indefinite period of time. The purchaser is aware of its rights under Section 12 and 21 Act No. 101/2000 Coll., on Personal Data Protection. All data are collected and processed solely for the purposes of identification of the client and for including in the database for the purpose of sending of commercial communications by electronic means under Act No. 480/2004 Coll. Data shall not be forwarded with the exception of handing them over to public bodies in the case of existing incident and with the exception of persons bound by the duty of confidentiality.

FINAL PROVISIONS

In the case of dispute between the purchasing consumer and seller, the consumer may use also the possibility of out-of-court settlement of the dispute. In such case the purchasing consumer may contact entity of the out-of-court settlement of the dispute, which is the Czech Trade Inspection Authority (www.coi.cz) and proceed under the rules mentioned there. For more information concerning out-of-court settlement of the dispute see also the website of the Czech Trade Inspection Authority. Alternative solving of the dispute may be also initiated by means of on-line form on website https://webgate.ec.europa.eu/odr/.