Terms & conditions

I.

Basic Provisions

  1. These General Terms and Conditions (hereinafter the “Terms and Conditions”) are issued pursuant to Section 1751 et seq. of Act no. 89/2012 Coll., Civil Code (hereinafter the “Civil Code”)

Adventure Menu s.r.o.

ID no.: 01632523

Tax ID no.: CZ01632523

Registered office: Koubkova 399/10, Praha 2,120 00

Incorporated in the Companies Register kept by the Municipal Court in Prague, Section C, File 280491              

Contact information: Radek Slabý, CEO

Email: shop@adventure-menu.com

www.adventuremenu.com

(Hereinafter the “Seller“)

  • These Terms and Conditions define the mutual rights and obligations of the Seller and the natural person who enters into a purchase agreement as a consumer outside its entrepreneurial activity or as an entrepreneur (hereinafter the “Buyer”) via the web interface located at the web site available at www.adventure-menu.com (hereinafter the “E-shop”).
  • The provisions of the Terms and Conditions constitute an integral part of the purchase agreement. Derogating provisions in the purchase agreement shall have preference over the provisions of these Terms and Conditions.
  • These Terms and Conditions and the purchase agreement are entered into in the Czech and the English language.

II.

Information on Goods and Prices

  1. Information on goods, including the prices of the individual articles and their main characteristics are given for each article in the E-shop catalogue. The prices of the goods are stated inclusive of the value added tax as well as all related fees and costs of returning the goods where the goods cannot be due to their nature returned in the usual manner by postal service. The prices of the goods remain valid for the time during which they are displayed in the E-shop. This provision does not rule out the option to negotiate a purchase agreement with individually agreed conditions.
  2. All the presentation of the goods contained in the E-shop catalogue is informative in nature and the Seller is not obligated to enter into a purchase agreement with respect to these goods.
  3. The E-shop also publishes information on the costs connected with the packaging and delivery of the goods. Discounts, if any, and the purchase prices of goods may not be combined unless the Seller and the Buyer agree otherwise.

III.

Purchase Order and Entry into Purchase Agreement

  1. The Buyer shall cover its costs arising with the use of means of distance communication in connection with the entry into the purchase agreement (the costs of internet connection, costs of telephone conversations). These costs are not different from the basic rate.
  2. The Buyer may place an order for the purchase of goods in these manners:
  3. via its customer account, provided that he or she has previously registered in the E-shop,
  4. by completing the purchase order form without registration. 
  5. When placing the purchase order, the Buyer shall select the goods, the quantity of the goods, the manner of payment and delivery.
  6. Before sending the purchase order the Buyer is given the opportunity to check and change the data entered in the purchase order.  The Buyer shall send the purchase order by clicking on the ……. button. The information stated in the purchase order shall be regarded as correct by the Seller. The validity of the purchase order is made conditional upon the entry of all obligatory data in the purchase order form and Buyer’s confirmation that the Buyer has made himself or herself familiar with the Terms and Conditions.
  7. Without delay after receiving the purchase order the Seller shall deliver the Buyer a confirmation on the receipt of the purchase order to the e-mail address stated by the Buyer when placing the purchase order. This confirmation is automatic and is not regarded as entry into a contract. Attached to the confirmation are the Seller’s current Terms and Conditions. The purchase agreement is entered into only after the acceptance of the purchase order by the Seller. The notice on the acceptance of the purchase order is delivered to the Buyer’s e-mail address.
  8. In the event that the Seller is not able to fulfil any of the requirements specified in the purchase order, the Seller shall send the Buyer at its e-mail address a modified offer. The modified offer shall be regarded as a new proposal of the purchase agreement and in such case the purchase agreement is entered into upon Buyer’s confirmation of acceptance of this offer sent to the Seller to its e-mail address specified in these Terms and Conditions.
  9. All purchase orders accepted by the Seller are binding. The Buyer may cancel a purchase order before the Seller delivers the Buyer the notice on the acceptance of the purchase order. The Buyer may cancel a purchase order by phone at the phone number or by e-mail at the Seller’s address specified in these Terms and Conditions.
  10. In the event of an apparent technical error occurring on the Seller’s side during the specification of the price of the goods at the E-shop website or during the ordering process, the Seller is not obligated to deliver the goods to the Buyer for this clearly erroneous price, not even where the automatic confirmation on the receipt of the purchase order under these Terms and Conditions has been delivered to the Buyer. The Seller shall inform the Buyer on the error without undue delay and shall send the Buyer a modified offer to the Buyer’s e-mail address. The modified offer is regarded as a new proposal of the purchase agreement and in such case the purchase agreement is entered into upon Buyer’s confirmation of acceptance sent to the Seller’s e-mail address.

IV.

Customer Account

  1. On the basis of the registration in the E-shop the Buyer may access his or her customer account. Via the customer account the Buyer my order goods. The Buyer may also order goods without registration.
  2. When registering into the customer account and when ordering goods the Buyer is obligated to state correctly and truthfully all the data. The Buyer is obligated to update the data stated in the user account in the event of any change of these data. The data stated by the Buyer in the customer account and when ordering goods are considered correct by the Seller.
  3. The access to the customer account is secured with a user name and a password. The Buyer is obligated to keep confidential all information necessary for the access to his or her customer account. The Seller offers a standard level of protection of the web and the purchase order system from third party attacks (e.g. hacker attacks). The Seller is not liable for any abuse of the customer account by third parties.
  4. The Buyer may not allow third parties to use the customer account.
  5. The Seller may cancel a user account especially when the Buyer no longer uses the user account or when the Buyer breaches his or her obligations under the purchase agreement and these Terms and Conditions. The Buyer shall be informed about this measure within 14 days before the cancellation of the account.
  6. The Buyer is aware that the user account does not have to be available all the time, particularly with view to the necessary maintenance of hardware and software equipment of the Seller or the necessary maintenance of hardware and software equipment of third parties.

V.

Payment Terms and Delivery of Goods

  • by wired transfer to the Seller’s account via the ComGate payment gateway
  • via the PayPal payment terminal
  • Together with the purchase price the Buyer shall pay the Seller the costs connected with the packaging and delivery of the goods at the agreed amount.
  • The purchase price is payable immediately after the entry into the purchase agreement. If the payment is not made upon the placement of the purchase order, the purchase order ceases to exist.
  • When making the payment via a payment gateway the Buyer shall proceed according to the instructions of the relevant electronic payment service provider.
  • In the case of a cashless payment the Buyer’s obligation to pay the purchase price is fulfilled upon the crediting of the relevant amount to the Seller’s bank account.
  • The Seller does not require from the Buyer any advance payment or any similar payment beforehand. The payment of the price prior to the sending of the goods is not an advance payment.
  • The goods are delivered to the Buyer’s address specified by the Buyer in the purchase order.
  • The manner of the delivery is selected during the ordering process.
  • The goods are delivered via the DHL or GLS courier service (hereinafter the “Carrier”).
  • The costs of delivering the goods depending on the manner of delivery and acceptance of the goods are specified in the Buyer’s purchase order and in the Seller’ purchase order confirmation. Where the manner of transport is agreed on the basis of Buyer’s special demand, the Buyer bears the risk and the additional costs, if any, connected with this manner of transport.
  • Where the Seller is obligated under the purchase agreement to deliver goods to a place specified by the Buyer in the purchase order, the Buyer is obligated to take over the goods upon their delivery. If for reasons on the Buyer’s part the goods have to be delivered repeatedly or in a manner other than as specified in the purchase order, the Buyer is obligated to cover the costs connected with the repeated delivery of the goods or the costs connected with some other manner of delivery.
  • Upon the takeover of the goods from the carrier the Buyer is obligated to check the integrity of the packaging of the goods and in the case of any defects notify the carrier without any delay. If any damage to the package is discovered indicating unauthorized break into the consignment, the Buyer does not have to accept the consignment from the carrier.
  • The Seller shall issue an invoice for the Buyer. The invoice shall be sent to the Buyer’s e-mail address and shall also be attached to the delivered goods.
  • The Buyer acquires the title to the goods upon the payment of the entire purchase price of the goods, including the delivery costs but not before the acceptance of the goods. The liability for incidental destruction, damage or loss of the goods passes onto the Buyer upon the takeover of the goods or at the moment when the Buyer was obligated but failed to take over the goods in conflict with the purchase agreement.

VI.

Withdrawal from Contract

  1. A Buyer who has entered into the purchase agreement outside of his or her entrepreneurial activity as a consumer has the right to withdraw from the purchase agreement.
  2. The time limit for the withdrawal from the agreement is 14 days from the day of the takeover of the goods by the Buyer. 
  3. To meet the time limit for the withdrawal from the agreement the Buyer has to send a withdrawal notice within the time limit for the withdrawal from the agreement.
  4. A Buyer who has withdrawn from the agreement must return the goods to the Seller within 14 days from the day of the sending of the withdrawal notice to the Seller. The Buyer bears the costs connected with the return of the goods to the Seller also where the goods may not due to their nature be returned by the usual postal service.
  5. If the Buyer withdraws from the agreement, the Seller shall refund the Buyer all the funds, including delivery costs, accepted from the Buyer and shall do so in the same manner in which the Buyer has acquired the goods. The Seller shall refund the Buyer the accepted funds in another manner only if the Buyer agrees and if this does not give rise to additional costs for the Seller.
  6. Where the Buyer chooses other than the cheapest way of delivering the goods offered by the Seller, the Seller shall refund the Buyer the delivery costs at an amount corresponding to the cheapest offered way of delivering the goods.
  7. If the Buyer withdraws from the purchase agreement, the Seller shall refund the funds within 14 days from the day of the delivery provided that the Buyer hands over the goods to the Seller or proves that the goods have been sent to the Seller.
  8. The Buyer must return the goods to the Seller free from defects, wear and tear and clean and, if possible, in the original packaging. The Seller may unilaterally set off its claim for compensation of damage to the goods against the Buyer’s claim for the refund of the purchase price.
  9. The Seller may withdraw from the purchase agreement due to exhaustion of stock, non-availability of goods or where the manufacturer, the importer or supplier of the goods suspended the manufacture or the import of the goods. The Seller shall without delay inform the Buyer by e-mail to the address specified in the purchase order and shall refund within the time limit of 14 days from the notice on the withdrawal from the purchase agreement all the funds, including delivery costs, accepted from the Buyer under the agreement and shall do so in the same manner in which the Buyer has acquired the goods or in a manner specified by the Buyer.

VII.

Rights from Defective Performance

  • the goods have the properties agreed by the parties and where no such agreement was made, they have the properties described by the Seller or the manufacturer or expected by the Buyer with view to the nature of the goods and on the basis of advertisements made by them,
  • the goods are fit for the purpose specified by the Seller or for which this kind of goods are usually used,
  • the level of quality or craftsmanship of the goods corresponds to the agreed sample or model, if the level of quality or craftsmanship is defined by an agreed sample or model,
  • the goods are delivered in the required quantity, extent or weight and
  • the goods comply with the requirements of legal regulations.
  • If a defect manifests itself within the durability period specified on the packaging of the goods, it is assumed that the goods were defective at the takeover. The Buyer may assert rights from defects.
  • In the event of the occurrence of a defect the Buyer may submit a warranty claim to the Seller and demand:
  • exchange for new goods,
  • an adequate discount on the purchase price,
  • withdraw from the agreement.
  • The Seller is obligated to accept a warranty claim sent by postal service or submitted at any establishment that can accept warranty claims or, as the case may be, at the registered office or a place of business. The Seller shall give the Buyer a written certificate confirming the time when the Buyer asserted the claim, what is the subject-matter of the warranty claim and what manner of clearing the claim the Buyer demands as well as confirming the date and the manner of clearing the claim, including a certificate on the performance and duration of a repair or, as the case may be, written statement regarding the grounds for which the claim was dismissed.
  • The Seller or a worker authorized by the Seller shall decide on the warranty claim immediately or in complicated cases within three working days. The time necessary for a specialized assessment of a defect, depending on the type of the product or service, is not included in this time limit. A warranty claim, including the removal of a defect, must be cleared within no later than 30 days from the day of the submission of the claim unless the Seller and the Buyer agreed a longer time limit. The expiry of this time limit with no action done shall be regarded as material breach of the agreement and the Buyer has the right to withdraw from the purchase agreement. The moment when the Buyer’s expression of will (the assertion of the right from defective performance) is delivered to the Seller shall be regarded as the time when the warranty claim has been submitted.
  • The Seller shall inform the Buyer in writing on the result of the warranty claim.
  • The Buyer is not entitled to any claim from defective performance where the Buyer knew before taking over the thing that the thing was defective or where the Buyer caused the defect.
  • If the warranty claim is legitimate, the Buyer is entitled to compensation of effectively expended costs arising in connection with the submission of the warranty claim. The Buyer may assert this entitlement with the Seller within the time limit of one month after the expiry of the warranty period.
  • The Buyer has the choice of the manner of the warranty claim.
  • The rights and obligations of the parties regarding the rights from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of Civil Code and Act no. 634/1992 Coll., on Consumer Protection.

VIII.

Delivery of Written Correspondence

  1. The parties may deliver all written correspondence to each other by electronic mail.
  2. The Buyer shall deliver the correspondence to the Seller to the e-mail address specified in these Terms and Conditions. The Seller shall deliver the correspondence to the Buyer to the e-mail address specified in the Buyer’s customer account or on the purchase order.

IX.

Out-of-court Dispute Resolution

  1. The jurisdiction for out-of-court settlement of disputes from this purchase agreement lies with the Czech Trade Inspection Authority, registered office at Štěpánská 567/15, 120 00 Praha 2, ID no.: 000 20 869, internet address: https://adr.coi.cz/cs. The platform for on-line settlement of disputes available at http://ec.europa.eu/consumers/odr may be used for the settlement of disputes from the purchase agreement between the Seller and the Buyer.
  2. The European Consumer Centre Czech Republic, registered office at Štěpánská 567/15, 120 00 Praha 2, website: http://www.evropskyspotrebitel.cz is a contact point under the Regulation of the European Parliament and of the Council (EU) no. 524/2013 of 21 May 2013 on on-line dispute resolution for consumer disputes and amending Regulation (EC) no. 2006/2004 and Directive 2009/22/EC (Regulation on consumer on-line dispute resolution).
  3. The Seller is authorized to sell the goods on the ground of a trade license. The license inspection is performed by the competent Trades Licensing Office within its powers. Within a limited scope the Czech Trade Inspection Authority performs, inter alia, supervision over compliance with Act no. 634/1992 Coll., on Consumer Protection.

X.

Personal Data Protection – GDPR

  1. The Buyer is aware that the Seller as a personal data controller processes the personal data submitted by the Buyer to the Seller during and in connection with the entry into and the performance of the relevant purchase agreement.
  2. The Seller uses all the data obtained from the Buyer solely for its internal needs and shall not disclose them to third parties. This does not apply to entities providing for transportation or payment services to whom the personal data concerning the Buyer are transferred to the minimum extent necessary for a smooth handling of Buyer’s purchase order. Should the personal data concerning the Buyer be transferred to any other entity, the Seller shall notify the Buyer of this fact in advance, specifying such entity and the purpose for which the personal data are transferred to such third party.
  3. By submitting a purchase order the Buyer grants his or her explicit consent for the Seller to process, collect, disclose and use personal data concerning the Buyer for commercial and marketing purposes. The consent is granted under Regulation (EU) No. 2016/679 of the EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation – GDPR), under Act no. 101/2000 Coll., on Personal Data Protection, as amended, and Act no. 480/2004 Coll., on certain information society services and on amendment to certain acts.
  4. By submitting a purchase order the Buyer grants the Seller until further notice his or her consent for the Seller to process (including by automated means and particularly by collecting, monitoring, profiling, assessment and storage) the personal data of the Buyer to the necessary extent for commercial and marketing purposes. The personal data to be processed under this consent include in particular the first name, surname, degree, registered office address, delivery address, bank account number, data from submitted documents, payment and payment discipline, phone and e-mail contact, information identifying a device or the person connected with the use of the device such as IP addresses or cookie identifiers and information on purchase preferences.
  5. The said consent is granted by the Buyer voluntarily for the duration of the business cooperation between the Seller and the Buyer and also for the period of 5 years after the termination of the said business cooperation and for this period the Seller has the right to store the said personal data.
  6. The Buyer may withdraw the said consent at any time in writing or by e-mail. This, however, does not affect the lawfulness of the processing of Buyer’s personal data prior to such withdrawal of the consent or the Seller’s duty concerning the processing of the said personal data imposed on the Seller by law.
  7. Under the conditions laid down in the GDPR as well as the aforementioned related legal regulations the Buyer has the right to demand from the Seller the access to its personal data, the right to rectification or erasure of his or her personal data or to the limitation of their processing, the right to object to the processing of his or her personal data and also the right to portability of the said personal data. All requests concerning the processing of personal data shall be sent by the Buyer to the Seller’s e-mail address.
  8. The Buyer has the right to file a complaint with the Office for Personal Data Protection if the Buyer believes that his or her right to protection of personal data was violated.

X.

Final Provisions

  • All the arrangements between the Seller and the Buyer shall be governed by the legal order of the Czech Republic. The parties agree that where the relationship established by the purchase agreement contains an international element the relationship shall be governed by law of the Czech Republic. This shall be without prejudice to the consumer rights arising from generally binding legal regulations.
  • The Seller is not bound in relation to the Buyer with any codes of conduct pursuant to the provision of Section 1826(1)(e) of Civil Code.
  • All the rights to the Seller’s website, in particular the copyright to the content of the site, including its layout, photographs, films, graphic design elements, trademarks, logo and other content and elements are the property of the Seller. It is prohibited to copy, modify or otherwise use the website or any part thereof without Seller’s consent.
  • When using the E-shop the Buyer must not use any procedures that might have a negative impact on its operation and must not carry out any activity which might enable the Buyer or third parties to illegally interfere into or illegally use the programme equipment or other parts constituting the E-shop and use the E-shop or its parts or the software equipment in a manner which is contrary to its aim or purpose.
  • The Buyer hereby assumes the risk of change of circumstances under Section 1765(2) of Civil Code.
  • The purchase contract, including the Terms and Conditions, shall be archived by the Seller in electronic form and is not accessible.
  • The Seller may change or supplement the text of the Terms and Conditions. This provision is without prejudice to the rights and obligations arising during the terms of effectiveness of the previous version of the Terms and Conditions.
  • Attached to the Terms and Conditions is a sample form for withdrawal from contract.

These General Terms and Conditions become effective on: 1.6.2019