These General Terms and Conditions (GTC) govern the relationship between the seller and the provider – PITA FRESH s.r.o., IČ: 05988896, Navrátilova 178, 250 90 Jirny, and its business partners (hereinafter the “Buyer”).
I. General Provisions
These General Terms and Conditions (GTC) govern the relationship between the buyer and seller in the sale of goods between e-commerce and its business partners.
Buyer placing an order confirms that he is familiar with these terms and conditions, which constitute an integral part of the complaints procedure, and agrees with them. On these terms and conditions are adequately buyer prior to carrying out orders and has the opportunity to become acquainted with them.
Seller. Seller’s shop operator: PITA FRESH s.r.o., IČ: 05988896, Navrátilova 178, 250 90 Jirny
Buyer is a consumer or entrepreneur.
A consumer is a natural person who at the conclusion of the purchase contract with the seller is not in his commercial or other business activity or within independent exercise of their profession.
Consumers at the opening of business relationships passes only to the seller’s contact information necessary for the smooth execution of the order, or the data that wants to be listed on the purchase documents.
The legal relationship of the seller and the consumer explicitly regulated by these GTC shall be governed by the relevant provisions of the Act. no. 40/1964 Coll., the Civil Code and the Act. no. 634/1992 Coll., on consumer protection, both as amended, and related regulations.
a person registered in the commercial register (mainly commercial companies)
a person who does business under the trade license (sole trader entered in the Trade Register)
entity which, on the basis other than trade license pursuant to special regulations (this includes eg. the professions as advocacy, etc.), and
person who operates agricultural production and is registered in the register under a special regulation.
Legal relationships of the Seller with the Buyer, who is a businessman, not specified in these GTC or contract between the seller and buyer are governed by the relevant provisions of the Act. no. 513/1991 Coll., the Commercial Code, as amended, and related regulations.
Individual contract with the seller the buyer is superior trading conditions.
The buyer is aware that the purchase of products that are in the business offer the seller no right to use registered trademarks, trade names, company logos or patents of seller or other companies unless the special contract stipulates otherwise.
If the buyer is a consumer proposal to conclude a purchase contract is the location of the goods offered by the seller on the site, the purchase contract is sending an order buyer and consumer adoption of the seller. The adoption of the seller immediately confirm the buyer informative e-mail to the specified email, contract formation, however, this does not affect the confirmation. Resulting contract (including the agreed price) can be changed or canceled only by agreement of the parties or based on legal grounds.
If the buyer is a businessman, a proposal to conclude a purchase contract is sent to the buyer to order goods entrepreneur and the actual purchase contract is concluded at the moment of delivery of a binding agreement with the seller to the buyer entrepreneur’s proposal.
Relations and any disputes arising under the contract shall be resolved exclusively by the applicable law of the Czech Republic and will be settled by the courts of the Czech Republic.
The contract is concluded in the Czech language. If there is a need for Buyer’s translation of the text of the contract is valid, that in the event of a dispute concerning the interpretation of terms, the interpretation of the contract in the Czech language.
The contract seller is archived for its successful fulfillment and is not accessible to non-participating third parties. Information about individual technical steps leading to the conclusion of the contract are evident from these business conditions, where this process is clearly described. The buyer has the option before sending the order be checked and repaired, if necessary. These terms and conditions are displayed on the website and online store www.linuxmarket.cz is therefore possible to archive and reproduce buyer.
Cost of using means of distance communication (telephone, internet etc.) to carry out orders in the normal amount, depending on the tariff of telecom services that the buyer uses.
II. Data security and protection
All prices are negotiable. In an online e-shop are always current and valid final price vendor. Not subject to VAT.
The buyer gets the goods for the price valid at the time of ordering. The consumer buyer has the opportunity to meet orders before the total price and all other charges (postage, cash on delivery, etc.). This price will be listed in the order and in a message confirming receipt of goods orders. The consumer buyer has the opportunity to meet orders before the fact how long the offer or the price remains valid. In the event that a special goods to order, or goods that are not in stock, the seller will confirm in advance by phone / e-mail the price and delivery date. This price, the seller is entitled to change due to the current market situation and depending on the development of CZK exchange rate against foreign currencies. If the buyer does not agree that change, does not confirm the order and this is not realized. If the buyer is a consumer, must be in such goods have previously been aware of the fact that these goods on order, for which the purchase contract between the two parties occurs only when the clarification of bids by the seller.
V. Withdrawal from contract
Withdrawal from the contract buyer who is a consumer
The consumer buyer is entitled in accordance with § 53 par. 7 of the Civil Code. a. to withdraw from a contract within 14 days from receipt of goods if the contract was concluded by means of distance communication. If he chooses to exercise this right consumer, has written withdrawal delivered to the seller no later than 14 days from receipt of the goods.
Goods buyer is obliged to return the full, complete with documentation, undamaged, clean, preferably including the original packaging, in the condition and value, they took the goods. In the event that your return is incomplete or damaged, the seller can refund the purchase price reduced by the corresponding amount (in accordance with § 458 paragraph. 1 of the Civil Code. A.). Money for the returned goods will be returned to the consumer buyer within 30 days from the effective date of withdrawal by the buyer. The buyer is not entitled to reimbursement of costs incurred prodávajícícho (packing, shipping and dobírkovné). Goods can not be returned COD! In this case, the consignment shop does not take back and the customer must proceed in the normal way.
Except where the withdrawal is expressly agreed, the consumer can not withdraw from their contracts:
a) the provision of services if their performance was started with agreement before the expiry of 14 days from the receipt of benefits,
b) the supply of goods or services whose price depends on fluctuations of financial markets beyond the control of the seller,
c) the supply of goods adjusted as desired by the consumer or to his person, as well as goods subject to rapid deterioration, wear and tear, (food, tobacco. and other products defined by law)
d) delivery of audio and video recordings and computer programs if a consumer destroyed their original packaging,
e) the supply of newspapers, periodicals and magazines,
f) consisting of game or lottery,
Untreated goods or otherwise contaminated and inadequate hygiene standards seller is not obliged to accept complaints!
If he chooses the purchaser to withdraw within that period, it is recommended to speed up the execution resignation of goods delivered to the address of the seller, along with the attached cover letter with a possible reason for withdrawal from the contract (not required), with the number of purchase document and indicated bank account number or stating whether the amount will be collected in cash or whether it will be pumped for the next purchase.
Buyer acknowledges that if the goods provided gifts, the gift agreement between buyer and seller concluded with a condition that occurs when the usage rights of the consumer to withdraw from the contract according to § 53 par. 7 of the Civil Code. a., the donation contract is due to expire and the buyer is required along with the returned goods and return the related gifts provided.
When all the above conditions for returning goods arises buyer credit, which at his request will be sent to its designated account, within 30 days from the effective date of withdrawal. When omission account number is the amount in the same period of time automatically ready to pump through the additional purchase or pickup cash on presentation of original credit note, which is promptly resolved after withdrawal from the contract is sent to the customer.
Withdrawal from the contract buyer who is an entrepreneur
In the event that the buyer is an entrepreneur, it may be offered an alternative purchaser withdraw from the contract depending on the condition of returned goods, loss of guarantee and the actual price of the returned goods. Status goods is assessed by the seller. In the case nedohodnutí conditions acceptable to both parties goods will be returned at the expense seller. The seller is entitled to charge any additional costs incurred.
When issuing a credit note may be required after the purchaser identification card in order to protect the property rights of the buyer. OP submitting the buyer agrees to the processing of personal data pursuant to paragraph II. (Personal data within the meaning of § 4.) Of Act No. 101/2000 Coll., On Personal Data Protection).
VI. Payment Terms
The buyer accepts the following payment terms:
Payment by bank transfer (not yet started)
Payment by cash on delivery
The goods remain until full payment property of the seller. Detailed terms of payment can be found at the bottom left of the info section.
VII. Terms of delivery
The goods are sent by courier GLS as COD parcel or parcels in accordance with applicable tariffs shipper GLS. Orders in value higher than 500 CZK are shipped free of charge. The payment of the total price of goods becomes property of the buyer.
VIII. Warranty conditions
Warranty terms for goods shall be governed by the laws of the country. Serves as the warranty proof of purchase – email with the order.
IX. Final Provisions
These General Terms and Conditions are valid and effective from 15th 2016. The seller reserves the right to change the GTC without notice.
The operator and owner of the shop: PITA FRESHs.r.o., IČ: 05988896, Navrátilova 178, 250 90 Jirny