Terms and Conditions

1. Preamble

These general terms and conditions (hereinafter also GTC) apply to purchases in the online store mychef.kitchen, which is operated by Kristina Tayara, IČ: 06802419, with its registered office in Prague. These GTC regulate the relations between the Buyer and the Seller in the area of sale of goods between Kristina Tayara, IČ: 06802419, with its registered office in Prague (hereinafter referred to as the “Seller”) and its business partners (hereinafter referred to as the “Buyer”). All contractual relations are concluded in accordance with the legal order of the Czech Republic. By submitting the order, the buyer confirms that he has read these terms and conditions, of which the complaint procedure forms an integral part, and that he agrees with them. The Buyer is sufficiently informed of these terms and conditions before the actual execution of the order and has the opportunity to become acquainted with them.

2. Definitions

1. Seller
The seller is Kristina Tayara, IČ: 06802419, based in Prague.

2. Buyer
The buyer is a consumer or entrepreneur.

The Consumer is a natural person who, in concluding and fulfilling the Purchase Agreement with the Seller, does not act within the scope of his business or other entrepreneurial activity or within the scope of independent performance of his profession. At the beginning of the business relationship, the Consumer provides the Seller only with his contact details, which are necessary for the smooth execution of the order, or the data he wants to have stated on the purchase documents.
Legal relations between the Seller and the consumer not expressly regulated by these GTC are governed by the relevant provisions of Act no. No. 40/1964 Coll., Civil Code and Act. No. 634/1992 Coll., on consumer protection, both as amended, as well as related regulations.

Entrepreneur means:
a person registered in the Commercial Register (especially commercial companies),
a person who conducts business on the basis of a trade license (a self-employed person registered in the trade register),
a person who conducts business on the basis of a license other than a trade license in accordance with special regulations (this includes, for example, the liberal professions such as advocacy, etc.),
and a person who carries out agricultural production and is registered in accordance with a special regulation.

Legal relations between the Seller and the Buyer, who is an entrepreneur, not expressly regulated by these GTC or the Agreement between the Seller and the Buyer are governed by the relevant provisions of Act no. 513/1991 Coll., Commercial Code as amended, as well as related regulations.

The individual Agreement of the Seller with the Buyer is superior to the business conditions.

3. Consumer Contract
Purchase contract, work contract, or other contracts according to the Civil Code, if the contracting parties are the consumer on the one hand and the supplier on the other hand, resp. Seller.

3. Processing of personal data
All handling of Buyers’ personal data is governed by Act No. 101/2000 Coll., On the protection of personal data, as amended, and other legal regulations valid in the Czech Republic. By his free decision (by pressing the Order – Send button), the buyer indicates that he is aware of all the above facts and agrees to the further processing of his personal data for the purposes of the business activities of the operator of this e-shop. The provision of personal data is voluntary, you have the right to access the data and you are entitled to protection of rights to the extent provided by law. You can revoke this consent at any time in writing. Personal data will be fully protected against misuse. The data will be stored and will not be shared with third party applications.

By providing the above personal data and clicking on the confirmation icon, the Buyer voluntarily agrees that the data provided to the extent specified in the specific case or obtained by him on the basis of the concluded Purchase Agreement or browsing the operator’s website should be processed by the Operator and the Seller. data are given in the Preamble of these conditions, as the administrator for the purpose of offering services and products of the administrator, sending information about the activities of the administrator, including by electronic means (especially e-mail, SMS messages, telemarketing) according to Act No. 480/2004 Coll. time until this consent is revoked (eg by sending any message to email: info@mychef.kitchen). The controller may authorize a third party to process the above personal data as a processor.

The controller hereby informs the data subject and provides him with explicit instructions on the rights arising from Act No. 101/2000 Coll., On the protection of personal data, ie in particular that the provision of personal data to the controller is voluntary, that the data subject has the right to access them, has the right to revoke the above consent at any time in writing at the administrator’s address and has the right to contact the Office for Personal Data Protection in case of violation of its rights and to request appropriate remediation, such as refraining from such actions by the administrator, or supplementation, blocking, liquidation of personal data, payment of monetary compensation, as well as the use of other rights arising from § 11 and 21 of this Act. If the Buyer wishes to correct the personal data that the Operator or the Seller processes about him, he may request it at the email address kristinatayara@gmail.com or at the above-mentioned postal address of the Operator or the Seller.

4. Order and conclusion of the Contract

The Buyer is entitled to send the order to the Seller only through the e-shop ordering system.

The proposal for concluding the Purchase Agreement is the placement of the offered goods by the Seller on the website, the Purchase Agreement is created by sending the order by the Buyer to the consumer and acceptance of the order by the Seller. The Seller shall immediately confirm this acceptance to the Buyer by an informative e-mail to the specified e-mail, however, this confirmation does not affect the creation of the Contract. The resulting Contract (including the agreed price) may be amended or canceled only by agreement of the parties or on legal grounds.

These GTC are made in the Czech language, while the purchase contract can also be concluded using the Czech language. A consumer who has a permanent residence in a Member State of the European Union outside the territory of the Czech Republic, or who is a citizen of a member state of the European Union outside the territory of the Czech Republic, by confirming the order agrees to conclude a purchase contract in the Czech language. After concluding the purchase contract, it is not possible to find out whether errors occurred during data processing before placing the order, or to correct these errors. The concluded purchase contract is archived by the Seller and is accessible to the Buyer within 1. year from the date of its signature.

5. Price and payment

The offer with the prices stated on the seller’s e-shop are contractual, final, always current and valid, for the period when they are thus offered by the Seller in the online store. Shipping costs are listed in the section “Delivery time and delivery conditions”. The costs of using means of distance communication shall be borne by the Buyer. The final calculated price after filling in the order form is already listed, including shipping. The price stated for the goods at the time of ordering the goods by the buyer applies as the price at the conclusion of the Contract between the seller and the buyer. The tax document based on the Purchase Agreement between the Seller and the Buyer also serves as a delivery note. The buyer can take over the goods in principle only after full payment, unless otherwise agreed. In the event that the Buyer makes the payment and the Seller is subsequently unable to ensure the delivery of the goods, the Seller shall immediately return the performance to the Buyer in the agreed manner. The time limit for the return of the funds spent depends on the chosen method of their return, but may not exceed a period of 30 days from the moment when this impossibility arose.

The goods remain the property of the seller until full payment.

The seller accepts the following payment terms:
Payment in cash upon receipt, Payment by card online

6. Delivery time and delivery conditions

The seller will fulfill the delivery of the goods by handing over the goods to the buyer, or by handing over the goods to the first carrier, thus also passing the risk of damage to the goods to the Buyer. Product availability is always stated in the detail of this product. Delivery time depends on product availability, payment terms and delivery conditions, and is a maximum of 7 days. In normal cases, we ship the goods within 1 working day of payment of the full purchase price. The final delivery date is always stated in the email confirming the order. The installation does not include the installation of the purchased goods. The Buyer will receive a tax document / invoice together with the shipment.

The delivery period begins with the goods that will be paid by the Buyer upon receipt, ie. cash on delivery, run on the day of the valid conclusion of the Purchase Agreement pursuant to Article IV. of these GTC. In the event that the Buyer has chosen a different payment option than payment for the goods upon receipt, the delivery period begins to run only after full payment of the purchase price, ie. from crediting the relevant amount to the Seller’s account.

The seller accepts the following delivery conditions:
Import to address

In the case of exchange of goods within 3 days of the purchase of goods, the Buyer is charged postage costs for each individual shipment of goods to the Buyer.

In the case of returning the goods to the Seller, the Buyer pays the postage costs to the Seller within 3 days.

7. Warranty and service
When selling consumer goods, the warranty period is 24 months; in the case of the sale of foodstuffs, the guarantee period is eight days, for the sale of feed three weeks and for the sale of animals six weeks. If the item sold, its packaging or the instructions attached to it are marked in accordance with special legal regulations, the period of use of the item, the warranty period expires at the end of this period.

The warranty does not cover wear and tear caused by its normal use. For items sold at a lower price, the warranty does not cover defects for which a lower price has been agreed. In the case of used items, the seller is not liable for defects corresponding to the degree of use or wear and tear that the item had when taken over by the buyer.

In accordance with the valid legal order of the Czech Republic, the Buyer, who buys the goods by the entrepreneur in connection with the business, is not provided with a guarantee for the goods outside the Seller’s general liability for defects of the goods upon delivery. Buyers who are entrepreneurs and buy goods in connection with their business activities are provided with a warranty period of 12 months.

To apply for a warranty repair, it is necessary to submit an acquisition document (receipt, invoice, leasing contract), or warranty card. If the goods are sent to the Seller, it is necessary to pack the goods for transport in such a way that they are not damaged during transport. The Seller does not provide post-warranty service to the Buyer.

8. Complaints procedure
In the event that a defect occurs during the warranty period, the Buyer has, depending on the nature of this defect, the following rights when applying the warranty:

in case of defect remediable:
a.) the right to free, proper and timely rectification of the defect
b.) the right to replace defective goods or defective parts, if this is not disproportionate due to the nature of the defect
c.) in the event of impossibility of the procedures referred to in points a.) a b.) has the right to a reasonable discount on the purchase price or withdrawal from the purchase contract

in case of defect irreparable:
a.) the right to exchange defective goods or withdraw from the purchase agreement

in the case of a defect that can be removed, if the Buyer is unable to use the item properly for the recurrence of the defect after repair (ie the goods have already been claimed 3 times for the same defect) or for a larger number of defects
a.) the right to exchange defective goods or withdraw from the purchase agreement

in the case of other irreparable defects and if the consumer does not request an exchange of the item:
a.) the right to a reasonable discount on the purchase price or withdrawal from the purchase contract

Complaints can be made to the Seller, in all its establishments.

Complaints do not apply to cases:
– if the defect or damage is demonstrably incorrect use, in conflict with the instructions for use or other incorrect actions of the Buyer
– demonstrable tampering with the goods
– for defects caused by normal wear and tear of consumer goods with a specified period of use according to special legal regulations, if such a complaint is made after the expiration of this period
– defects caused by natural disasters

9. Termination of the Agreement
Due to the nature of concluding the Purchase Agreement through distance communication, the Buyer, who is a consumer, has the right to withdraw from this Agreement without any penalty within 3 days of receipt of the goods. Furthermore, the Buyer, who is a consumer, has the right to withdraw from the Contract in accordance with the provisions of Section 53, Paragraphs 7 and 8 of Act No. 40/164 Coll., The Civil Code, as amended. The above does not apply to the Buyer, who is an entrepreneur and enters into a Purchase Agreement in connection with its business activities. In the event of the above-mentioned withdrawal from the contract, the Seller will send the purchase price to the Buyer’s bank account, which the Buyer will inform the Seller for this purpose.

The Seller has the right to withdraw from the Agreement if the Buyer does not pay the full amount of the price within 30 days from the date of conclusion of the Purchase Agreement.

10. Final provisions
The Buyer will enable the Seller to fulfill its obligations in accordance with the Offer / Contract, for which it will develop all necessary cooperation.

The Buyer undertakes to reimburse all costs incurred by the Seller by sending reminders and costs associated with the recovery of any receivables.

The Buyer acknowledges that the Seller is entitled to assign its claim under the Contract to a third party.

The Buyer will immediately inform the Seller about the change of its identification data, no later than within 5 working days from the day when such a change occurred.

The Parties undertake to make every effort to settle amicably any disputes arising out of or in connection with the Agreement and / or the GTC.

The mutual obligation of the contracting parties is governed by the legal order of the Czech Republic, in particular Act No. 40/1964 Coll., The Civil Code, as amended. For the purposes of contracting with an international element hereby in accordance with Article III. Regulation No. 593/2008 on the law applicable to contractual obligations, adopted by the European Parliament and the Council of the European Union on 17 June 2008 application of the “UN Convention on Contracts for the International Sale of Goods”. This choice is without prejudice to Article VI Rome I, concerning consumer contracts.

In the event that any provision of the Agreement and / or the GTC is or becomes or is found to be invalid or unenforceable, this will not affect (to the maximum extent permitted by law) the validity and enforceability of the remaining provisions of the Agreement and / or the GTC. In such cases, the Contracting Parties undertake to replace the invalid or unenforceable provision with a valid and enforceable provision which will have, to the extent possible, the same and legally permissible meaning and effect as the intention of the provision to be replaced. By law, the Contracting Parties hereby declare, in cases of contracting with an international element, for any disputes (other than disputes in which the arbitrator has exclusive jurisdiction and / or in connection therewith) or for cases in which a final court decision would be found, that there is no authority of the arbitrator according to this article of the GTC, that in accordance with Article 23 Council Regulation (EC) No. 44/2001 of 22. December 2000, on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, arranging the exclusive jurisdiction of the Municipal Court in Prague to decide all future disputes under the Treaty and / or the GTC and / or in connection therewith. The Contracting Parties hereby establish the exclusive jurisdiction of the Municipal Court in Prague for all disputes in connection with the Contract and the GTC (with the exception of disputes in which the exclusive jurisdiction of the arbitrator and / or in connection with them is given).

These GTC come into force and effect on the 17th. 12. 2018 and are also available on the Seller’s website. The Seller is entitled to change these GTC at any time. The GTC then cease to be valid and effective on the day the GTC takes effect later.

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