Business terms of Mia Coffee s.r.o.
with registered office at nám. Dr. E. Beneš 6/7 460 01 Liberec 4
registered in the Commercial Register maintained by the Regional Court in Ústí nad Labem, under file number C 34354 (hereinafter referred to as "Business Terms")
I. General
-
The Business Terms specify and clarify the rights and obligations of the seller, which is Mia Coffee s.r.o. with registered office at nám. Dr. E. Beneš 6/7 460 01 Liberec 4, ID: 22353372, registered in the Commercial Register maintained by the Regional Court in Ústí nad Labem, under file number C 34354 (hereinafter referred to as "Seller") and third parties as buyers (customer, consumer) (hereinafter referred to as "Buyer").
-
All contractual relationships are concluded in accordance with the legal order of the Czech Republic. If the contractual party is a "Consumer Buyer", the relationships not regulated by the Business Terms are governed by the Civil Code (Act No. 89/2012 Coll., as amended) and the Consumer Protection Act (Act No. 634/1992 Coll., as amended).
-
The assortment of the Seller includes the products listed below: foodstuffs of represented companies, accessories, coffee machines, and devices for beverage preparation (hereinafter referred to as "Goods").
-
The Seller is entitled to refuse the order of the Buyer if the Buyer did not comply with the purchase agreement or Business Terms in the past.
II. Purchase Agreement
-
The purchase agreement – i.e., the order of the Buyer is a proposal for a purchase agreement and the purchase agreement itself is concluded at the moment of delivery of the Seller's binding consent to the Buyer with this proposal (binding confirmation of the order by the Seller). Confirmation of the order by the Seller is considered, based on valid legal standards, as a concluded purchase agreement, and thus the order is binding and from that moment mutual rights and obligations arise between the Buyer and the Seller, which are defined by the purchase agreement and Business Terms.
-
The Buyer is obliged to accept the Goods and pay the purchase price of the Goods in full.
-
The Seller reserves the right to cancel the order or its part before concluding the purchase agreement in these cases:
-
the goods are no longer produced or supplied
-
the supplier's price of the goods has changed significantly.
-
If this situation occurs, the Seller will promptly contact the Buyer to agree on further steps.
-
The Buyer is aware that by purchasing Goods that are part of the Seller's commercial offer, no rights to the use of registered trademarks, trade names, company logos, or patents of the Seller or other companies collaborating with it arise, unless otherwise agreed in a specific case by a special contract.
-
For gifts provided completely free of charge, consumer rights or claims cannot be applied. Such goods fulfill the conditions of a Donation Agreement and all standards under the applicable legislation of the Czech Republic.
III. Discrepancy with the Purchase Agreement
If the Goods upon receipt by the Buyer do not comply with the purchase agreement (hereinafter referred to as "discrepancy with the purchase agreement"), the Buyer has the right to require the Seller to bring the Goods into a condition corresponding to the purchase agreement free of charge and without unnecessary delay, either by exchanging the Goods or by repairing them; if such a procedure is not possible, the Buyer may request a reasonable discount on the price of the Goods or withdraw from the purchase agreement. This does not apply if the Buyer knew about the discrepancy with the purchase agreement before receiving the Goods or caused the discrepancy with the purchase agreement himself.
IV. Right of the Buyer to Withdraw from the Purchase Agreement
-
Withdrawal from the agreement by the consumer Buyer
-
If the purchase agreement is concluded remotely (in an online store), the consumer has the right to withdraw from the concluded purchase agreement without giving a reason within 14 days of the day following the day when the consumer or a third party designated by the consumer (other than the carrier) takes over the goods. To comply with the withdrawal period, it is sufficient to send a statement of exercising the right to withdraw from the agreement before the expiration of the relevant period. In case of withdrawal, the consumer is obliged to deliver a written notice of withdrawal to the Seller and is required to state that he is withdrawing from the purchase agreement, including the order number, purchase date, and account number for the refund of the purchase price. Money can also be returned in cash at the Seller's registered office after prior agreement with the Seller.
-
All costs associated with the delivery and return of Goods are borne by the Consumer.
-
A condition for the return of received monetary funds by the Seller to the Consumer is the delivery of the Goods by the Consumer to the Seller or the Consumer proving that the Consumer sent the Goods to the Seller.
-
The Consumer is only liable for the decrease in the value of the Goods resulting from handling the Goods in a way other than that necessary to familiarize himself with the nature and characteristics of the Goods, including its functionality.
-
The right of the Consumer to withdraw cannot be understood as a possibility for free borrowing of Goods. In case of exercising the right of the Buyer to withdraw from the purchase agreement within 14 days of receiving the Goods, the Buyer must return to the Seller everything he obtained under the purchase agreement.
-
Withdrawal from the agreement by the business Buyer
-
Delay of the Seller with the delivery of the Goods is considered a non-essential breach of the purchase agreement except for the provisions of § 2002 paragraph 1 of the Civil Code.
-
If the Seller does not deliver the Goods even within the new term agreed with the business Buyer, the business Buyer is entitled to withdraw from the purchase agreement, and this withdrawal must be in writing, must be delivered to the Seller, and the business Buyer must state that he is withdrawing from the purchase agreement including the order number, purchase date, and account number for the refund of the purchase price. The business Buyer is not entitled to withdraw from the purchase agreement due to the Seller's delay if he was notified that the fulfillment of the purchase agreement has already been sent to the Buyer's address.
-
The Seller is entitled to withdraw from the purchase agreement due to the repeated failure of the business Buyer to cooperate in the delivery of Goods (it is considered that repeated failure of the Buyer to cooperate in the delivery of Goods is the Seller's unsuccessful attempt to send or deliver the Goods to the business Buyer three times), whereby in this case the Seller's right to compensation for damages is not affected.
-
Withdrawal from the agreement in general
-
The Seller may withdraw from the purchase agreement in the event that:
-
the delivery of Goods becomes impossible
-
the Seller, after confirming the order, learns credible facts that constitute reasonable doubts that the offered Goods do not meet the legal conditions for free sale on the market or do not meet safety conditions,
-
the Goods that the Seller has available begin to exhibit defects and failures not caused by the Seller, whereby the Seller will not be able to ensure the delivery of Goods in at least ordinary quality.
-
Both the Seller and the Buyer are entitled to withdraw from the purchase agreement due to interference by a higher authority, which unduly complicates or even prevents proper fulfillment, whereby the higher authority may be war, natural disasters, internal unrest, operational disruptions, energy or raw material shortages, strikes, layoffs, transport disruptions.
-
The party withdrawing from the agreement is obliged to promptly inform the other contractual party of the withdrawal.
V. Payment Terms
Payment for the Goods is possible depending on the choice of the Buyer. The following payment options are available:
- cash payment upon personal pickup
-
payment on delivery upon delivery of goods (cash is accepted from the Buyer by the carrier).
- online payment - credit card through the service provider GOpay.
The Goods remain the exclusive property of the Seller until fully paid.
VI. Prices of Goods
-
The Seller reserves the right to change the prices of Goods at any time without prior notice. The prices of Goods listed on the website are always valid and binding at the moment the Buyer places the order. The current price is valid only at the moment the order is realized. Ordering Goods does not affect the price stated in the order due to the price change in the online store.