General Business Terms and Conditions

I. Basic Provisions

  1. These General Business Terms and Conditions (hereinafter the “Terms and Conditions”) have been issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter the “Civil Code”)
    candycane s.r.o.
    ID No.: 06289754
    Tax ID No.: CZ06289754
    Registered office: Havlíčkovo nám. 189/2, 130 00 Prague 3 registered in the Commercial Register of the Municipal Court in Prague on 24 July 2017, Section C, file no. 279597
    email: eshop@candycane.cofee
    telefon: 604 223 833
    www: https://candycane.coffee
    (hereinafter the “Seller”)
  2. These Business Terms and Conditions regulate mutual rights and obligations of the Seller and the natural person (individual) who concludes the Purchase Contract outside the scope of their business activities as a consumer or within the scope of their business activities (hereinafter the “Purchaser”) through the web interfact located on the website https://candycane.coffee. (hereinafter the “E-shop”).
  3. The provisions of these Terms and Conditions constitute an integral part of the Purchase Contract. Any deviating provisions contained in the Purchase Contract shall prevail over the provisions of these Terms and Conditions.
  4. These Terms and Conditions and the Purchase Contract have been executed in the Czech language.

II. Information on the Goods and Prices

  1. The information on the goods, including prices of individual items of the goods and their main properties, are specified for each item of the goods in the catalogue of the E-shop. The prices of the goods are stated inclusive of applicable value added tax, as well as all associated fees and costs for returning the goods, provided that the nature of the given goods prevents their return by means of the usual postal route. The prices of the goods shall remain valid during the time they are posted in the E-shop. This shall not affect the entitlement to conclude a Purchase Contract under different terms agreed on an individual basis.
  2. All presentations of the goods posted in the E-shop catalogue are of informative nature only and the Seller is not obliged to conclude a Purchase Contract in relation to these goods.
  3. The E-shop contains information on the costs associated with the packaging and delivery of the goods. The information in the E-shop regarding the costs associated with the packaging and delivery of the goods only applies if the goods are being delivered within the territory of the Czech Republic.
  4. Any discounts granted on the purchase price of the goods may not be combined, unless the Seller and the Purchaser agree otherwise.

III. Purchase Order and Conclusion of the Purchase Contract

  1. The costs incurred by the Purchaser in connection with the use of the remote communication tools for the purpose of concluding the Purchase Contract (e.g. internet connection costs, telephone call charges) shall be borne by the Purchaser themselves. These costs shall not be different from the basic rates.
  2. The Purchaser shall order the goods in the following manners:
    • through their customer account, provided that they have previously registered in the E-shop;
    • by means of filling the order form without registration.
  3. When placing the order, the Purchaser shall select the goods, number of pieces to be purchased, method of payment and method of delivery.
  4. Before placing an order, the Purchaser must be allowed to review and amend the data entered in the order. The order shall be sent by the Purchaser to the Seller upon clicking on the “Confirm order” button. The data stated in the order shall be considered by the Seller to be correct. The validity of the order shall be conditional upon filling all the mandatory data in the order form and the Purchaser’s confirmation that it has been acquainted with these Terms and Conditions.
  5. Immediately upon receipt of the order, the Seller shall send to the Purchaser a confirmation of the order receipt to the e-mail address provided by the Purchaser when placing the order. This confirmation is generated automatically and shall not be construed as the conclusion of the Purchase Contract. The up-to-date version of the Seller’s business terms and conditions shall be attached to the confirmation. The Purchase Contract shall not be concluded until after the order acceptance by the Seller. The notification on the order acceptance shall be delivered to the Purchaser’s e-mail address.
  6. Should the Seller be incapable of satisfying any of the requests stated in the order, it shall send a modified offer to the Purchaser’s e-mail address. The modified offer shall be deemed to constitute a new proposal of the Purchase Contract and in such a case, the Purchase Contract shall be concluded upon the Purchaser’s confirmation of their acceptance of such offer sent to the Seller’s e-mail address stated in these Terms and Conditions.
  7. All orders accepted by the Seller shall be binding. The Purchaser may cancel an order until the Purchaser receives a notification on the order acceptance by the Seller. The Purchaser may cancel an order via the Seller’s telephone number of e-mail address stated in these Terms and Conditions.
  8. In the event of an apparent technical error at the side of the Seller when posting the price of the goods in the E-shop or in the course of placing an order, the Seller shall not be obliged to deliver the goods to the Purchaser for such apparently incorrect price even if an automated confirmation on the order receipt has been sent to the Purchaser in line with these Terms and Conditions. The Seller shall inform the Purchaser of the error without undue delay and send a modified offer to the Purchaser’s e-mail address. The modified offer shall be deemed to constitute a new proposal of the Purchase Contract and in such a case, the Purchase Contract shall be concluded upon the Purchaser’s confirmation of their acceptance sent to the Seller’s e-mail.

IV. Customer Account

  1. Based on the Purchaser’s registration in the E-shop, the Purchaser may access their customer account. The Purchaser may order the goods from their customer account. The Purchaser may also order goods without registration.
  2. In the course of the registration to the customer account and in the course of ordering the goods, the Purchaser is obliged to state correct and true data. The Purchaser is obliged to update the data stated in the User Account upon any change thereof. The data stated by the Purchaser in the customer account and in the course of ordering the goods is considered by the Seller to be accurate.
  3. Access to the customer account is protected by a username and password. The Purchaser is obliged to maintain confidentiality of any information necessary for the access to their customer account. The Seller shall not be liable for any misuse of the customer account by third parties.
  4. The Purchaser is not entitled to allow any third parties to use the customer account.
  5. The Seller is entitled to cancel a user account, in particular if the Purchaser has not used their customer account for a longer period of time or if the Purchaser has breached their obligations under the Purchase Contract and these Terms and Conditions.
  6. The Purchaser acknowledges that the user account may not be available at all times, in particular in consideration of the necessary maintenance of the hardware and software equipment of the Seller or, as the case may be, of third parties.

V. Payment Terms and Delivery of the Goods

  1. The price of the goods and any costs associated with the goods delivery pursuant to the Purchase Contract may be paid by the Purchaser in the following ways:
    • by means of wire transfer to the Seller’s bank account no. 168102/5500, kept with Raiffeisenbank, a.s.
    • by means of cashless payment with a payment card.
  2. Together with the purchase price, the Purchaser shall also be obliged to pay to the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly specified otherwise below, the purchase price shall be deemed to include also the costs associated with the goods delivery.
  3. In the case of cashless payment, the purchase price is payable within ten (10) days after the conclusion of the Purchase Contract.
  4. In the case of cashless payment, the Purchaser’s obligation to pay the purchase price shall be deemed fulfilled upon crediting of the relevant amount to the Seller’s bank account.
  5. Payment of the purchase price prior to the dispatch of the goods shall not be deemed an advance payment.
  6. Pursuant to the Act on Registration of Sales, the Seller is obliged to issue a receipt to the Purchaser. At the same time, the Seller is obliged to record all received sales with the tax administrator online or, in the event of a technical breakdown, within 48 hours at the latest.
  7. The goods shall be delivered to the Purchaser:
    • to the address specified by the Purchaser in the order;
    • by means of personal collection at the Seller’s establishment.
  8. The delivery method is selected in the course of placing the order.
  9. The costs associated with the goods delivery depending on the method of dispatch and collection of the goods are specified in the Purchaser’s order and in the Seller’s order confirmation. If the transport method is agreed on the basis of the Purchaser’s special requirement, the Purchaser shall bear the risk and any additional costs associated with such transport method.
  10. If the Seller is obliged under the Purchase Contract to deliver the goods to the destination designated by the Purchaser in the order, the Purchaser shall be obliged to accept the goods upon their delivery. If the goods must be delivered repeatedly or in any manner other than the method specified in the order due to the reasons at the side of the Purchaser, then the Purchaser is obliged to pay the costs associated with repeated delivery of the goods or, as the case may be, the costs associated with a different method of delivery.
  11. Upon acceptance of the goods from the carrier, the Purchaser shall be obliged to inspect the integrity of the goods packaging and if any defects are identified, to notify the carrier without delay. If any packaging is found broken, indicating unauthorized intrusion, the Purchaser shall not be obliged to accept the delivery from the carrier.
  12. The Seller shall issue a tax document – invoice to the Purchaser. The tax document shall be attached to the delivered goods.
  13. The Purchaser shall acquire ownership title to the goods upon payment of the purchase price in full, including any costs of the delivery, but in any event no sooner than upon the goods receipt. The liability for accidental destruction, damage or loss of the goods shall pass onto the Purchaser upon the goods receipt or upon the moment when the Purchaser was obliged to accept the goods, but failed to do so contrary to the Purchase Contract.

VI. Withdrawal from the Contract

  1. The Purchaser who concluded the Purchase Contract outside the scope of their business activities as a consumer is entitled to withdraw from the Purchase Contract.
  2. The deadline for such withdrawal is fourteen (14) days
    • after the date of the goods receipt;
    • after the date of receipt of the last partial delivery of the goods, if the subject of the Purchase Contract includes several types of goods or several partial deliveries;
    • after the date of receipt of the first delivery of the goods, if the subject of the Purchase Contract includes regular repeated deliveries of goods.
  3. The Purchaser is not, inter alia, entitled to withdraw from the Purchase Contract:
    • on provision of services, provided that they have been delivered with the Purchaser’s prior express consent before the expiry of the deadline for withdrawal from the contract and further provided that the Seller has informed the Purchaser prior to the conclusion of the contract that the Purchaser shall not be entitled to withdraw from the contract in such a case;
    • on delivery of goods or services the price of which is dependent on financial market fluctuations independent on the Seller’s will that may occur within the deadline for withdrawal from the contract;
    • on delivery of alcoholic beverages that may be delivered after the expiry of 30 days and the price of which is dependent on financial market fluctuations independent on the Seller’s will;
    • on delivery of goods modified according to the Purchaser wishes or for them;
    • on delivery of perishable goods or goods that were irreversibly mixed with other goods after their delivery;
    • on delivery of goods in a closed packaging that have been removed from the packaging by the Purchaser and that cannot be returned for sanitary reasons;
    • on delivery of audio or video recording or a computer program if the original packaging has been broken by the Purchaser;
    • on delivery of newspapers, periodicals or magazines;
    • on delivery of digital content, unless it was delivered on a tangible data carrier and provided that it has been delivered with prior express consent of the Purchaser before the expiry of the deadline for withdrawal from the contract and further provided that the Seller has informed the Purchaser prior to the conclusion of the contract that the Purchaser shall not be entitled to withdraw from the contract in such a case;
    • in other cases specified in Section 1837 of the Civil Code.
  4. In order to meet the deadline for withdrawal from the contract, the Purchaser is required to send the withdrawal notice within the deadline for withdrawal.
  5. The Purchaser may use the model withdrawal form provided by the Seller for the purpose of withdrawing from the contract. The notice on withdrawal from the Purchase Contract shall be sent by the Purchaser to the Seller’s e-mail or postal address stated in these Terms and Conditions. The Seller shall promptly confirm to the Purchaser the receipt of the withdrawal form.
  6. The Purchaser who withdrew from the contract is obliged to return the goods to the Seller within fourteen (14) days after the withdrawal. The Purchaser shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by means of the usual postal route due to their nature.
  7. If the Purchaser withdraws from the contract, the Seller shall return to the Purchaser without delay, no later than within fourteen (14) days after the withdrawal, all monies, including the costs of the delivery, received from the Purchaser in the same manner as the monies were received from the Purchaser. The Seller shall only return monies to the Purchaser in a different manner if the Purchaser agrees with it and if such procedure does not incur additional costs for the Seller.
  8. If the Purchaser has chosen any other than the least expensive method of the goods delivery offered by the Seller, the Seller shall return to the Purchaser the costs of the goods delivery in the amount corresponding to the least expensive offered method of the goods delivery.
  9. If the Purchaser withdraws from the Purchase Contract, the Seller is not obliged to refund the received monies to the Purchaser until the Purchaser returns the goods to the Seller or until the Purchaser proves that the goods have been sent to the Seller.
  10. The Purchaser is required to return the goods to the Seller undamaged, unworn and unstained and, if possible, in the original packaging. The Seller is entitled to unilaterally set-off the claim for the compensation of damage caused on the goods against the Purchaser’s claim for the purchase price refund.
  11. The Seller is entitled to withdraw from the Purchase Contract on grounds of sellout of stock, unavailability of the goods or suspension by the manufacturer, importer or supplier of the manufacture or import of the goods. The Seller shall promptly notify the Purchaser via the e-mail address stated in the order and within fourteen (14) days after the notice on withdrawal from the Purchase Contract shall refund all monies received from the Purchaser under the contract, including the costs of delivery, in the same manner as the monies were received from the Purchaser or in a different manner determined by the Purchaser.

VII. Rights Arising on Grounds of Defective Performance

  1. The Seller is liable to the Purchaser for the goods being free of defects at the time of the Purchaser’s acceptance thereof. The Seller is in particular liable to the Purchaser for the following properties of the goods at the time of their acceptance by the Purchaser:
    • the goods have the properties agreed between the Parties and in the absence of such mutual agreement, the goods have the properties described by the Seller or by the manufacturer or expected by the Purchaser taking into consideration the nature of the goods and based on the advertising made by the Seller or by the manufacturer;
    • the goods are suitable for the purpose advertised by the Seller or the purpose for which the goods of such type is usually being used;
    • the goods correspond, in terms of quality or craftsmanship, to the agreed sample or template, if such quality or craftsmanship was determined on the basis of an agreed sample or template;
    • the goods are in adequate amount, volume or weight; and the goods comply with the requirements of applicable legal regulations.
  2. If a defect is manifested within six months after the goods acceptance by the Purchaser, the goods shall be deemed to have been defective already upon their acceptance. The Purchaser is entitled to claim their rights on grounds of defects occurring in consumer goods during the period of 24 months after the goods acceptance. The provisions of this clause shall not apply to goods sold for a reduced price due to a defect with respect to which the price reduction has been agreed, to goods that are subject to usual wear and tear, to used goods in relation to any defect corresponding to the scope of their use or wear and tear existing in the goods at the time of their acceptance by the Purchaser, or if the nature of the goods so requires.
  3. In the event of a defect occurrence, the Purchaser may file a complaint with the Seller and request:
    • replacement of the goods for new ones;
    • repair of the goods;
    • adequate discount on the purchase price;
    • withdrawal from the contract.
  4. The Purchaser is entitled to withdraw from the contract:
    • if the goods have any material defect;
    • if it is impossible to properly use the goods due to repeated occurrence of defect(s) after repair;
    • in the event of multiple defects of the goods.
  5. The Seller is obliged to accept the complaint in any of its establishments where the complaint acceptance is possible and possibly also at the address of the Seller’s registered office or place of business. The Seller is obliged to issue a written confirmation to the Purchaser, specifying the date when the Purchaser has filed the complaint, the subject of the complaint and the settlement method requested by the Purchaser, as well as a confirmation of the date and manner of the complaint settlement, including a confirmation of any repair and its duration, or – as the case may be – a written reasoning of the complaint rejection.
  6. The Seller or an employee authorized by the Seller shall decide on the complaint promptly or, in more complex cases, within three (3) business days. This time period shall not include an adequate time necessary for expert assessment of the defect, taking into consideration the type of the given product or service. Each complaint, including the defect removal, must be processed without delay, no later than within thirty (30) days after having been filed, unless the Seller and the Purchaser agree on a longer period of time. Expiry of the aforementioned period of time in vain shall be deemed to constitute a material breach of the contract, entitling the Purchaser to withdraw from the Purchase Contract. The moment of filing a complaint shall be deemed the moment when the Seller has received the expression of the Purchaser’s will (exercise of the right on grounds of defective performance).
  7. The Seller shall notify the Purchaser in writing of the outcome of the complaint.
  8. The Purchaser shall not enjoy the rights arising on grounds of defective performance if the Purchaser knew, prior to the acceptance of the goods, that there is a defect or if the defect was caused by the Purchaser themselves.
  9. In the case of a justified complaint, the Purchaser is entitled to reimbursement of purposefully incurred costs associated with filing the complaint. The Purchaser may exercise this right with the Seller within one (1) month after the expiry of the warranty period.
  10. The method of filing a complaint shall be chosen by the Purchaser.
  11. The rights and obligations of the parties relating to defective performance shall be governed by the provisions of Sections 1914 through 1925, Sections 2099 through 2117 and Sections 2161 through 2174 of the Civil Code and by Act No. 634/1992 Coll., on Consumer Protection.

VIII. Notice Delivery

  1. The parties may exchange all written correspondence by means of electronic mail.
  2. The Purchaser shall deliver correspondence to the Seller’s e-mail address stated in these Terms and Conditions. The Seller shall deliver correspondence to the Purchaser’s e-mail address stated in the Purchaser’s customer account or in the order.

IX. Out-of-court Dispute Resolution

  1. The Czech Trade Inspection Authority, with the registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, URL: https://www.coi.cz shall be the competent authority for out-of-court settlement of any consumer disputes arising from the Purchase Contract. The platform for online resolution of disputes available at http://ec.europa.eu/consumers/odr can be used for resolution of disputes between the Seller and the Purchaser arising from the Purchase Contract.
  2. The European Consumer Centre Czech Republic, with the registered office at Štěpánská 567/15, 120 00 Prague 2, URL: http://www.evropskyspotrebitel.cz, serves as a point of contact pursuant to the Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
  3. The Seller is entitled to sell the goods under its trades license. The trade inspection shall be performed by the competent Trade Licensing Authority within the scope of its powers and competences. The supervision within the defined scope, including inter alia the supervision over the compliance with Act No. 643/1992 Coll., on Consumer Protection, shall be performed by the Czech Trade Inspection Authority.

X. Final Provisions

  1. All arrangements between the Seller and the Purchaser are governed by the laws of the Czech Republic. If the relationship established by the Purchase Contract contains an international (foreign) element, then the parties agree that the relationship shall be governed by the Czech law. This shall not affect the consumer rights stipulated by generally binding legal regulations.
  2. The Seller is not bound by any codes of conduct in relation to the Purchaser in the sense of Section 1826 (1) e) of the Civil Code.
  3. All rights pertaining to the Seller’s websites, in particular the copyright to the content thereof, including the layout of the websites, photographs, videos, graphic elements, trademarks, logos and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the websites or their part without the Seller’s consent.
  4. The Seller shall not be liable for any errors caused by the interference of third parties with the E-shop or by the use of the E-shop contrary to its intended use. When using the E-shop, the Purchaser may not use any procedures that could have a negative impact on its operation and may not carry out any activities that could enable the Purchaser or any third parties to unlawfully interfere with or to unlawfully use the software or any other components constituting the E-shop and to use the E-shop or its parts or software in a manner contrary to its intended use or purpose.
  5. The Purchaser hereby assumes the risk of a change of circumstances in the sense of the provisions of Section 1765 (2) of the Civil Code.
  6. The Purchase Contract, including the Business Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
  7. The Seller may amend or supplement the wording of these Terms and Conditions. This shall not affect the rights and obligations arising during the term of effectiveness of the previous version of these Terms and Conditions.
  8. A model withdrawal form constitutes an annex to these Terms and Conditions.

These Terms and Conditions shall become effective as of 1 January 2020.