Terms and Conditions
of the TENET Marketing s.r.o.
address: Pelikanova 35/11, Praha 6
identification number: 01638611
Applied for selling products at the web store located at the web address www.trungnguyen.eu
1.1. These Terms nad Conditions (further on referred to as “terms and conditions“) of the TENET Marketing s.r.o. (further on referred to as “seller“) deal with rights and obligations of the contracting parties based on the purchase contract (further on referred to as “purchase contract”) concluded between the seller and natural or legal entity (further on referred to as “buyer”) at the internet market of the seller. This electronic market is operated at the address www.trungnguyen.cz as a web interference of the market (further on referred to as “web interference of the market”).
1.2. These Terms and Conditions also deal with rights and duties of the contracting parties while using the web page of the seller located at www.trungnguyen.cz (further on referred to as “web page”) and other related legal relations. These Terms and Conditions do not apply in such cases, when a person making a purchase acts within the means of his/her own business enterprise.
1.3. Provisions diverging from these Terms and Conditions can be agreed upon in a separate purchase contract. Diverging provisions in the purchase contract shall prevail over the arrangements in the Terms and Conditions.
1.4. Arrangements in the Terms and Conditions are integral part of the purchase contract. Purchase contract and Terms and Conditions are in English. Purchase contracts can be concluded in English.
1.5. The Terms and Conditions can be altered by the seller. This arrangement does not apply to the rights and obligations arising during previous valid Terms and Condition.
- User account
2.1. The buyer may access his/her user’s interference after previous registration made at the web page. The buyer may use the interference (further on referred to as “user account”) to order products. If the web interference of the market allows it, the buyer may order products without prior registration directly at the web interference.
2.2. When registering at the web page and ordering the products the buyer is obliged to provide right and true information. The buyer is obliged to update the data in case of any changes. Information provided by the buyer during the registration and ordering process is considered to be true by the seller.
2.3. Access to the user’s account is secured by the username and password. The buyer is obliged to maintain confidentiality regarding the information needed to access his/her user account. The buyer acknowledges that the seller is not liable for any harm caused by the breach of this obligation.
2.4. The buyer may not allow third person to access his/her user account.
2.5. The seller may delete the user account especially if the user does not use the account for over one year or if the buyer violates the obligations stated in the purchase contract (including the ones in the Terms and Conditions).
2.6. The buyer acknowledges that the user account may not be accessible permanently, especially due to the necessary maintenance of hardware and software of the seller, or necessary maintenance of the hardware and software of the third parties.
- Concluding a Purchase Contract
3.1. The web market sells coffee, other products made from coffee and related accessories. The price of the products includes VAT and any related taxes. The offers of products and prices are valid at the time when they are displayed on the web interference of the market. This does not affect the possibility to conclude a purchase contract with individual conditions. All offers of the products placed at the web market are not binding and the seller is not obliged to conclude a contract on the specific product.
3.2. The web interference of the market also provides information on prizes of packing and shipping. The information about packing and shipping stated at the web pages is valid only for deliveries within the European Union.
3.3. When ordering the product, the buyer completes the ordering form placed on the web interference of the market. The completed ordering form includes information about:
- product(s) being ordered (the buyer “adds” the ordered product to the electronic cart placed at the web interference of the market),
- payment method for the product(s), requested shipping method of the product(s) and
- information about expenditures connected to the shipping (further on all together referred to as an “order”).
3.4. Prior to sending an order to the seller, the buyer may control and update information in the order especially with regard to correcting possible errors. The buyer sends the order to the seller by clicking the corresponding button. The information provided in the order is considered to be right by the seller. Upon receiving the order, the seller immediately confirms the order electronically by sending an email to the email address provided by the buyer in the user interference (further on referred to as “email address of the buyer”)
3.5. The seller reserves the right to ask the buyer for additional confirmation of the order (by mail or telephone) depending on the character of the order (amount of the products, price, assumed expenditures of the delivery).
3.6. Receiving (accepting) an order sent by the seller to the email address of the buyer creates the contractual relationship between the seller and the buyer.
3.7. The buyer acknowledges that the seller is not obliged to conclude a purchase contract, especially not with the parties that have seriously breached previous purchase contract (including Terms and Conditions).
3.8. The buyer agrees with the use of long distance communication means while concluding a purchase contract. Any costs that may occur connected to the use of these communication means while concluding a contract (cost of the internet connection, telephone communication) will be covered by the buyer himself/herself.
- Price and Payment Method
4.1. The price of the purchased product and shipping costs according the purchase contract can be paid by the following means:
by bank transfer to the seller’s account
by payment card;
4.2. The buyer is obliged to pay the packing and shipping expenditures stated in the contract together with the price of the product. If not stated otherwise, the purchase price includes expenditures connected to delivery of the goods.
4.3. In case of payment by cash or C.O.D. payment, the buyer is obliged to pay in cash upon delivery.
4.4. In case of non-cash payment method, the buyer is obliged to state the variable symbol of the payment. In case of a non-cash payment method, the obligation of the buyer to pay for the product is complied upon subscribing the amount to the seller’s account.
4.5. The seller reserves the right to ask for full price payment especially in the case when the buyer has not additionally confirmed the order (art. 3.5.).
4.6. Discounts on the price of the products provided to the buyer by the seller can not be combined.
4.7. If it is customary in the trade, or if it is required by the common legal arrangements, the seller will provide the buyer with tax document – invoice with the information on the transaction based on the purchase contract. The seller is a VAT registered company. The tax document – invoice will be created by the seller after the transaction and sent to the email address of the buyer in the form of an electronic document.
- 5. Withdrawal of the Purchase Contract
5.1. The buyer acknowledges that according to provision § 53 par. 8 Law no. 40/1964 Civil Code as subsequently amended (further on referred to as “Civil Code”), it is not possible to withdraw from the purchase contract on the products altered according to the demands of the buyer, as well as on the products that are subject to fast deterioration or decay. The same applies for the purchase of audio and video recordings and software if the consumer has damaged the original package or for the purchase of the newspapers and magazines.
5.2. In the cases different to those stated in par. 5.1 or other cases when it is not possible to withdraw from the contract, the buyer has right to withdraw from the contract according to provision § 53 par. 7 of the Civil Code. The buyer has right to do so within fourteen (14) days from delivery. The withdrawal from the contract must be delivered to the seller within fourteen (14) days since delivery of the goods. The withdrawal can be sent by the buyer to the place of business or to the email address of the seller.
5.3. In the case of withdrawal of the purchase contract according to par. 5.2 of the Terms and Conditions, the contract is invalid from the beginning. The purchase must be returned to the seller within 5 working days since the posting of the withdrawal of the purchase contract. The product must be returned undamaged and unused and, if possible, in the original package.
5.4. The seller reserves the right to control the product returned according to the par. 5.3 of the Terms and Conditions whether it is unused, undamaged or partially unconsumed within the time period of fifteen (15) days since its return.
5.5. In the case of withdrawal of the purchase contract according to par. 5.2 of the Terms and Conditions, the seller shall return the purchase price to the buyer within the time period of ten (10) days since the end of the time period reserved for control according to par. 5.4 of the Terms and Conditions, but not later than thirty (30) days since the delivery of the withdrawal of the purchase contract. The amount will be returned to an account provided by the buyer. The seller may also return the money to the buyer in cash at the moment of returning the product.
5.6. The buyer acknowledges that if the returned product is damaged, used or partially consumed, the seller has the right for compensation of the damage. The seller has the right to include the compensation into the reimbursement demanded by the buyer.
5.7. If the product purchased by the buyer is accompanied by a gift, and the buyer has decided to withdraw from the purchase contract, the gift agreement between the seller and the buyer is concluded with the condition of returning the gift together with the purchased product.
- Shipping and Delivery of the Product
6.1. The delivery method is chosen by the seller if it is not stated otherwise in the purchase contract. If the delivery method is dealt upon the request of the buyer, the buyer takes the risk and potential additional expanses connected with the delivery method.
6.2. If the seller is according to the purchase contract obliged to deliver the purchased product to the address provided by the buyer as stated in the order, the buyer is obliged to accept the product at the delivery. If the buyer refuses to accept the delivery, the seller may request the penalty of 10 CZK (ten Czech crowns) for storage. In such case, the seller also reserves the right to withdraw from the purchase contract.
6.3. If, because of the reasons on the buyer’s side, it is necessary to repeat the delivery or to exercise a delivery method different form the one stated in the order, the buyer is obliged to cover the expanses connected to it.
6.4. Upon receiving the delivery, the buyer is obliged to control the package and in case of any damage report the fact to the carrier immediately. If the damage indicates unauthorized intrusion to the package, the buyer may not accept the delivery. The damage of the package must be confirmed by the buyer by signing the delivery document.
6.5. Further rights and obligations of the parties related to the delivery and shipping might be dealt with by additional delivery conditions of the seller, if they are issued by the seller.
- Responsibility for the defects, Warranty
7.1. The rights and obligations of the contracting parties connected to the responsibility for the defects and warranty comply with the generally biding regulations (especially regulation § 612 as subsequently amended of the Civil Code).
7.2. The seller is held responsible by the buyer for ensuring that the product being sold is in compliance with the purchase contract and especially that it is free of defects. To be in compliance means that it has quality and usability demanded by the contract, described by the producer, seller or his deputy, or that could be expected according to advertisement. It also has quality and usability common for the products of its kind, it is in compliance with legal regulations and it has quantity, measurements or weight that allows it to be used in advertised or common purpose.
7.3. If the product at the time of delivery is not in compliance with the purchase contract (further on referred to as “conflict with the contract”), the buyer has the right to seek redress. The seller is obliged to correct the matter by replacing or repairing the product to the state described in the purchase contract without delay and free of charge. If this procedure can not be made, the buyer reserves the right to claim reasonable discount or to withdraw from the contract. This is not valid if the buyer was aware of the conflict with the contract prior to accepting the delivery or if it was the buyer who caused this discrepancy. Conflict with the contract found during the period of six (6) months since delivery is considered to exist prior delivery unless it contradicts the nature of the matter or is proved otherwise.
7.4. The seller is held responsible for the defects that prove to represent conflicts with purchase contract during the guarantee period. This does not apply if the purchased product is a subject to fast decay or if it is used.
7.5. The buyer can exercise his rights connected to the responsibility of the seller including warranty at the business address of the seller. The warranty is considered to be claimed at the moment when the seller receives the claimed product.
- Additional rights and obligations of the contract parties
8.1. The buyer acquires ownership of the product by paying its entire purchase price.
8.2. The buyer acknowledges that software and all other parts of the web interference of the market (including images of the products) are protected by the copyright. The buyer agrees not to undertake any activity that would let him/her or any third party wrongfully intervene or misuse software or all other parts of the web interference of the market.
8.3. While using the web interference of the market, the buyer is not entitled to use any mechanism, software or undertake any other actions that might have negative effect on the web interference of the market. The web interference of the market can only be used for its original purpose and to extend that does not intervene with the rights of the other customers.
8.4. When dealing with the buyer, the seller is not bound to any codes of behavior as stated in the provision § 53a par. 1 of the Civil Code.
8.5. The buyer acknowledges that the seller can not be held responsible for any errors at the web pages caused by the intervention of the third party or by the misuse of the web pages.
9.1. The protection of the personal information of a buyer who is a natural person is guaranteed by the law no. 101/2000 Code, about the protection of personal information as subsequently amended.
9.2. The buyer agrees with processing of this personal information: name and surname, address, identification number, tax identification number, email address, telephone number (further on all together referred to as “personal information”).
9.3. The buyer permits the seller to process his/her personal information in order to exercise the rights and obligations connected to purchase contract, to administer user account and send information and business notifications to the buyer.
9.4. The buyer is obliged to provide true and right information (by registration, in his/her user account and when completing the ordering form at the web interference of the market). The buyer is also obliged to update this information in case of any changes.
9.5. The seller might authorize third party to act as an agent and process personal information of the buyer. Without prior authorization by the buyer, the personal information of the buyer may only be given to the delivery service and no other party.
9.6. Personal information will be processed for indefinite time. Personal information will be processed automatically in electronic form or in printed form in non automated manner.
9.7. The buyer confirms that the provided personal information are correct and given voluntarily.
9.8. If a buyer comes to an understanding that the seller or authorized agent (par. 9.5) process his/her personal information in a manner that is in violation of the protection of private and personal life of the buyer or against the law – especially when the personal information is not correct regarding the purpose it was collected, the buyer has the right:
9.8.1. to ask the seller for explanation,
9.8.2. to demand the seller to correct the state of affairs. This might be made in the form of blocking, correcting, updating or deleting the personal information. If the demand is proven to be justified, the seller or the authorized agent must execute correction immediately. If the seller or authorized agent does not execute correction, the buyer may appeal directly to the Office for Personal Data Protection. This regulation shall not affect the right of the buyer to appeal to the Office for Personal Data Protection directly.
9.9. If the buyer asks for the information about the processing of his/her personal information, the seller is obliged to provide this information. The seller reserves the right to ask the buyer for compensation of the additional costs necessary for providing this information.
9.10. The buyer gives consent to receive information connected with the product, services or enterprise of the seller at the email address of the buyer. The buyer also gives consent to receive business notifications from the seller to the email address of the seller.
10.1. If not agreed otherwise, all the correspondence connected with the purchase contract must be sent to the other party in written form, by email, personally or by registered mail service (according the choice of the mailer). The correspondence will be send to the email address of the buyer stated in the user account of the buyer.
10.2. The message is considered to be delivered:
10.2.1. if the communication is provided by electronic mail, the message is considered to be delivered at the moment of receiving it at the incoming mail server. The integrity of the mail might be protected by certificate,
10.2.2. if the correspondence is provided personally or by the mail service, the message is considered to be delivered at the moment of accepting it by the recipient,
10.2.3. if the correspondence is provided personally or by the mail service, the message is also considered to be delivered at the moment when the recipient (or agent authorized by recipient) refuses to accept the delivery,
10.2.4. if the correspondence is provided by the mail service, the message is also considered to be delivered ten (10) days after it was stored at the post office and announced to the recipient even if the recipient was not aware of the announcement.
- Final Provisions
11.1. If the relationship connected to the use of the web page or legal relationship based on the purchase contract includes international (foreign) element, the parties recognize that is will be conducted by the law of the Czech Republic. This regulation shall not affect rights of the consumer guaranteed by generally binding legal regulations.
11.2. The seller is a holder of the trade license as a sole trader and business activity of the seller is not subject to any other permissions. The trade control is carried out by the respective trade license office.
11.3. If any provision of this Terms and Condition is or becomes invalid or ineffective, it shall be replaced by a provision with the closest meaning to the invalid or ineffective provision. Invalidity or ineffectiveness of one provision does not affect other provisions in the Terms and Conditions. Any changes or supplements to the purchase contract or to Terms and Conditions must be made in written form.
11.4. The purchase contract including Terms and Conditions is archived by the seller in electronic form and is not accessible.
11.5. Contact address of the seller: delivery address – TENET Marketing s.r.o, Bavorská 856, 155 00 Praha 5 , email address firstname.lastname@example.org
11.7. In Prague, 1.4.2017