Terms and Conditions
TERMS AND CONDITIONS OF INTERNET SHOP WWW.boxxi.CZ
DISCLAIMER: STATUS OF FOLLOWING TRANSLATED TEXT
Note: this page is a translation of the original Czech Terms and Conditions. The translation is for informational purposes only, and is not a substitute for the original. The original version of the terms and conditions, found here, is the only definitive and official version. Should anything be unclear, please contact us using the means outlined below.
Operator:
Boxxi Food Solutions s.r.o. (hereinafter also as Boxxi Food Solutions)
Registered seat: Mojmírova 130/4, Nusle, 140 00 Prague 4
Company ID: 09165754
Held at the Municipal Court in Prague, File no. 331967
These general terms and conditions (hereinafter referred to as GTC) govern the sale of goods through an online store located at the Internet address www.boxxi.cz
I. INTRODUCTORY PROVISIONS – SERVICE (S) – DESCRIPTION, CHANGES TO THE TERMS AND CONDITIONS
1.1. These GTC govern in particular the mutual rights and obligations of the parties arising in connection with or on the basis of a contract for the time-limited purchase of goods and / or use of Boxxi Food Solutions services (hereinafter the "Agreement") concluded between Boxxi Food Solutions and the buyer (s) (hereinafter "Customer") who purchases or intends to purchase from Boxxi Food Solutions the service and / or goods offered on the above-mentioned internet portal via the www.boxxi.cz portal.
1.2. These GTC are intended exclusively for the purchase of goods by the Customer (final consumer) for direct consumption (ie. they are intended exclusively for consumer contracts). It is a consumer contract if you are a consumer, ie. if you are a natural person and you order the provision of the service outside the scope of your business activity or outside the scope of the performance of your profession. Otherwise, it would not be a consumer contract and you would not be covered by consumer protection under the law and these terms and conditions.
1.3. As a consumer the Customer has in particular:
- the right to communicate information before concluding the contract (information is contained in these terms and conditions and on the web interface).
As a consumer in this case, however, the Customer does not have the opportunity to withdraw from the contract within 14 days "without giving a reason", as this is an assortment of goods subject to rapid deterioration. The customer confirms that he requests the provision of performance before the expiry of the period for withdrawal from the contract.
1.4. Provisions deviating from the GTC can be modified in the offer of goods and / or services Boxxi Food Solutions promoted on the internet portal www.boxxi.cz. Such possible deviating arrangements take precedence over these GTC.
1.5. The provisions of these GTC are an integral part of the Contract. The contract and the GTC are drawn up in the Czech language. The contract is concluded only in the Czech language.
1.6. Boxxi Food Solutions may unilaterally change or supplement the wording of the GTC. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the GTC. Boxxi Food Solutions informs the Customers about the change of the GTC on the internet portal www.boxxi.cz, or in another suitable way so that the Customer can get acquainted with the current wording of the GTC without unreasonable difficulties.
II. CONCLUSION OF CONTRACT BETWEEN BOXXI FOOD SOLUTIONS AND THE CUSTOMER
2.1. How do we conclude a contract?
The web interface shows the final prices of goods and services, including VAT. No prior registration is required to conclude the contract. However, you must complete the web form in accordance with these GTC. It is necessary to add the required data to the web form. We consider the information provided in the web form to be correct and complete. Before submitting the web form for processing, you have the option to review and change the information entered in the web form. To submit the web form for processing, press the "Continue" or "Register" button.
2.2. When is the contract concluded?
The Contract is concluded when Boxxi Food Solutions confirms the Customer's order electronically by way of the email address specified in the Order. The Order Confirmation must contain in particular the following information: the buyer's identity, type of goods, number of items, price for the goods, method of delivery, price for delivery of the goods by the carrier, and delivery address.
2.3. Text form of the contract
The contract is not concluded in writing with the signatures of the contracting parties. It is closed remotely, via the Internet. The contract consists of these business conditions, our offer of services on the web interface and the web form of the Order as filled in by you. Before sending the Order, you are given the opportunity to check and change the data you have entered in the Order, and equally therein, you are enabled to detect and correct errors made when entering data into the Order. Submit your order by clicking the "Finish and Pay" button. The information collated in the Order is, by virtue of its having been submitted, considered correct. Boxxi Food Solutions will confirm to you presently upon receiving the Order that the Order has been received. This will be done using the e-mail address you specified in the Order. Another change in the cancellation of the order is regulated in Ad III of the GTC.
2.4. What if you do not understand something in the contract?
In the event that you should have a question about the terms and conditions or the contract, you can contact us via e-mail. We will be happy to provide you with all of the necessary information.
2.5. In which languages can the contract be concluded?
The contract can be concluded in the Czech language.
2.6. Is the contract stored somewhere?
We archive the contract (including these terms and conditions) in electronic form. The contract is not accessible to third parties.
2.7. The customer is especially aware of the following obligations towards Boxxi Food Solutions and therefore guarantees the following:
a) the customer is sui juris, that is, legally competent, especially as regards age, or is represented by a legal representative;
b) the customer acknowledges that Boxxi food solution is entitled to request the presentation of an identity document in order to prove identity;
c) all information provided to Boxxi Food Solutions is true, complete, accurate, and correct;
d) that by paying the agreed price the rights of third persons are neither circumvented nor cancelled and that the customer is entitled to use the financial resources used for payment;
e) that prior to the use of the internet portal www.boxxi.cz the customer did thoroughly acquaint themselves with these GTC, that they understand and agree to them;
f) that the customer is not buying goods on the internet portal www.boxxi.cz as either an entrepreneur or for an entrepreneur, and that they will not resell them to third parties (especially as concerns alcoholic and / or tobacco products).
2.8. In place of the Customer or their representative, the goods may also be received on behalf of the Customer by a natural person over 18 years of age who resides in the apartment or premises at the Customer's address and who reliably proves their identity or displays a one-time PIN code.
2.9. In order to conclude a purchase contract, the Customer will never request the issuance of a tax document in accordance with Act No. 235/2004 Coll., On Value Added Tax, as amended, when handing over the goods, because due to the fact that the Customer has the right at the moment of handing over the consignment of goods to withdraw from the Contract and thus not to collect certain goods, the tax document would have to be corrected on the spot, and at the moment of the receiving and the handing over of the goods this is not technically and temporally possible. For this reason, the Customer will only be issued the Tax Document as a download link on the Customer's profile on the internet portal www.boxxi.cz or it will be sent to the Customer to their given e-mail address.
2.10. The Customer acknowledges that Boxxi Food Solutions is not obliged to enter into an Agreement.
2.12. The Customer agrees to the use of means of distance communication when concluding the Contract. The costs incurred by the Customer in the use of means of distance communication in connection with the conclusion of the Contract (costs of internet connection, costs of telephone calls, etc.) shall be borne by the Customer himself.
III. CHANGE AND CANCELLATION OF THE ORDER / WITHDRAWAL FROM THE CONTRACT
3.1. The order is binding for the Customer from the moment of its sending via the internet portal www.boxxi.cz, its change is possible only if Boxxi Food Solutions contacts the Customer with notice of the fact that the ordered goods are no longer in stock. Cancellation of the Order is possible by sending an e-mail to customer@boxxi.cz no later than 30 minutes after making the Order or as part of a notification that the goods are not in stock. Late cancellations will not be taken into account. In case the order contains products with an expiration period shorter than 30 days, the paid purchase price has the nature of a contractual penalty for breach of the customer's obligation to collect the ordered goods. The received purchase price is therefore not refunded in such a case and is automatically set off against the seller's right to payment of the contractual penalty. In case of durable goods (with expiry date longer than 30 days) the contractual penalty is set to 100 - 200 CZK according to the chosen way of delivery to cover additional manipulation costs.
Goods not taken over from the logistics company neither in the planned time frame nor in an additional delivery date or not picked up at the point of personal collection within the defined period are returned to the seller. In this case, the customer waives the right to delivery.
3.2. The Customer is obliged to state the Order number, the date of the Order in the change and in the cancellation of the Order.
3.3. If the Customer cancels the Order in a timely manner (this also applies to withdrawal from the purchase contract concluded by means of distance communication) or if the Order expires for another reason at a time when the Customer has already paid the purchase price of goods or performed the necessary actions, Boxxi Food Solutions undertakes to issue a credit to the Buyer for the next purchase in the appropriate amount or to send the relevant amount back to the Buyer's account within 30 (thirty) days from the withdrawal from the Order. Boxxi Food Solutions reserves the right to deduct a handling fee of CZK 200 from the amount paid. In order to maintain the deadline for the return of funds already provided, it is sufficient for the seller to take the necessary actions within this period (eg make a payment order or invite the buyer to collect them) to return them. Withdrawal from the contract for consumers is governed by the Civil Code (hereinafter also ad V. of these GTC)
IV. COMPLAINTS RELATING TO GOODS
4.1. The Customer is obliged to immediately check the delivered goods from the Order and to immediately complain about any detected deficiencies to Boxxi Food Solutions. Complaints relating to taste, composition, damage to goods or incomplete economic goods or other parameters detectable by external inspection of said goods must be communicated by the Customer immediately after their discovery. Subsequent complaints will not be taken into account. If, upon delivery to the customer, the goods (especially food) show defects, as a result of which it will not be possible to use it for its purpose (for obvious reasons, such as the expiration of the expiration date or the goods being otherwise evidently not suitable for heat treatment or consumption or the intended purpose of use), the Customer will return the goods immediately to the relevant person who handed them over to him on behalf of Boxxi Food Solutions.
4.2 The Seller provides the Buyer with a guarantee for goods delivered via the Boxxi Food Solutions online store, for food until the expiration date or minimum shelf life, or until the time by which the goods are to be consumed, if the conditions for their storage are observed by the Customer and if the food has not been opened, except in cases where it is necessary to determine defects. If defects occur on the delivered goods during the warranty period, the Customer is entitled to complain about these defects, without undue delay.
4.3. In the event that the Purchase Agreement, warranty card, advertisement or packaging of the goods specify different lengths of the warranty period, the longest period shall apply.
4.4. The warranty period begins on the day of receipt of the goods by the Customer, if the subject of purchase is several types of goods or delivery of several parts, the warranty period begins on the date of receipt of the last delivery of goods.
4.5. The Customer will make a complaint about any defects in the goods, preferably in writing, to the address of the Boxxi Food Solutions store.
4.6. In the event of a justified complaint, the customer has the right to a refund of postage in the amount necessary to settle the complaint (in the case of handling complaints abroad, the company does not pay a refund of postage). In the event of an unjustified complaint, the consumer is not entitled to reimbursement of his costs associated with the settlement of the complaint.
4.7. A change in the goods that occurred during the warranty period as a result of its wear or improper use, storage or improper intervention cannot be considered a defect. The warranty does not apply to cases where the goods were damaged mechanically (by fall, impact), or where they were used in conditions that do not correspond to the parameters specified in the documentation by the manufacturer, incl. storage of goods. Furthermore, the warranty does not apply to wear and tear of the goods caused by its normal use, to goods modified in any way by the Customer or a third party. The warranty does not cover damage to the goods due to natural disasters or weather conditions.
4.8. For goods sold at a lower price, the warranty does not apply to defects for which this lower price was agreed, for used items, to defects corresponding to the degree of use or wear that the goods had when taken over by the Customer.
4.9. The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code). Within the methods of handling the complaint, the Customer has the right, especially if the defect can be removed without undue delay, to have said defect removed free of charge; if it is not disproportionate to the nature of the defect, the Customer may also request the delivery of new items without defects; if this is not possible, he may withdraw from the Purchase Agreement. The right to deliver new items [may exist] even in the case of a redemiable defect if the item cannot be used properly due to the recurrence of the defect after repair or due to a larger number of defects. In such an instance, the Customer also has the right to withdraw from the Purchase Agreement and the Buyer will be paid the purchase price in cash at the place of complaint. If the customer does not withdraw from the Purchase Agreement or does not exercise the right to delivery of a new item without defects, he may request a reasonable discount. The Customer is entitled to a reasonable discount even if the Seller is unable to deliver a new item without defects, replace its part or repair the item, as well as if the Seller does not arrange a remedy within a reasonable time or if arranging a remedy would cause considerable difficulties for the Buyer. If the goods claim is settled by providing a discount, the monetary difference between the original amount and the amount after the discount in the amount of the discount value will be paid to the Customer at the place of claim in cash, unless otherwise agreed with the Seller. The immediate exchange of goods or part thereof is conditional on its physical condition in the Seller's warehouse or store. If the Customer requests the exchange of defective goods for faultless goods or a refund of the purchase price, he must submit the defective Goods complete, with all its accessories, which were the content of the original packaging of the Goods.
4.10 The seller is obliged to decide on the complaint immediately, without undue delay, in more complex cases within three working days. This period does not include a reasonable time, depending on the type of goods needed for a professional assessment of the defect. Complaints, including the elimination of defects, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the Seller agrees on a longer period. Within this period, the Seller shall also notify the Customer of the method of handling the complaint. The needless expiration of the period is considered a material breach of the Purchase Agreement.
V. WITHDRAWAL FROM THE CONTRACT
5.2. 5.2. In accordance with the provisions of § 1837 letter e), g) of the Civil Code, withdrawal from the Contract is not possible for goods (food) subject to rapid deterioration (eg fish) that can not be reused for hygienic reasons or for already used goods (eg if the Customer damages the protective packaging of goods or breaks a safety seal or if other contamination of goods (eg food) may have occurred. With regard to compliance with hygiene standards and these GTC, the Customer agrees that Boxxi Food Solutions is entitled, on account of any suspicion of their violation on the part of the Customer, to refuse the withdrawal from the Contract and return the returned goods to the Customer at the Customer's expense and if this is not possible (eg for hygienic reasons or due to a breach of the protective packaging), Boxxi Food Solutions is entitled to dispose of the goods immediately.
5.3. If the Customer withdraws from the contract, Boxxi Food Solutions will return to him without undue delay, no later than fourteen days after the withdrawal from the contract, all funds, including delivery costs, which he received from him under the contract, using the same method. Boxxi Food Solutions will return the money received to the consumer in another way only if the Customer has agreed and if he does not incur additional costs. If the Customer has chosen other than the cheapest method of delivery of goods offered by Boxxi food solutions, Boxxi Food Solutions will reimburse the Customer for the cost of delivery of goods in the amount corresponding to the cheapest offered method of delivery of goods. Boxxi Food Solutions will reimburse the Customer for the costs associated with the return of goods, if the Customer has not been notified of the obligation to bear these costs in accordance with the provisions of § 1820 para. G). If the Customer withdraws from the purchase contract, Boxxi Food Solutions is not obliged to return the received funds to the Customer before the Customer hands over the goods or proves that he has sent the goods to Boxxi Food Solutions.
5.4. The customer is responsible for any reduction in the value of the goods, which arose as a result of handling these goods differently than is necessary to handle them with regard to their nature and properties.
5.5. If the returned goods are damaged, Boxxi Food Solutions may claim damages from the Customer and set off its claim for the returned amount. In this case, the Seller shall prove the damage to the Customer and return the reduced purchase amount for his claim.
VI. PURCHASE PRICE AND PAYMENT TERMS
6.1. The price of the goods ordered by the Customer is governed by the prices stated for the ordered goods on the website of the Boxxi Food Solutions online store at the time of sending the order to the buyer. The prices of goods listed on the website include VAT at the statutory rate, unless it is explicitly stated as being without VAT for a specific product.
6.3. The purchase price for the delivered goods and any costs for its transport will be paid by the buyer by the selected methods of payment.
6.4. The purchase price is considered to be duly paid only by crediting it in full for a discreet part of the delivery to the seller's account or paying it in full in cash at the seller's store or to an employee of the transport company. In principle, the customer can take possession of the goods only after full payment of their purchase price and, where they apply, the delivery fee, unless otherwise agreed in writing by the contracting parties.
6.5. The invoice issued by the Seller to the Customer on the basis of the purchase contract between the Seller and the Customer also serves as a tax document and delivery note (warranty card) and is sent by e-mail.
6.6. If the prices listed for individual types of goods on the website of the Boxxi Food Solutions online store are marked as promotional, then these are valid until stocks run out or until further updates.
VII. LIABILITY / COPYRIGHT
7.1. The customer agrees that Boxxi Food Solutions s.r.o. is not responsible for the smooth uninterrupted and error-free and safe operation of the internet portal www.boxxi.cz. Boxxi Food Solutions does not carry liability for advertising or promotion carried out by any third party through the internet portal www.boxxi.cz or liability for errors caused by third party interventions in the internet portal www.boxxi.cz or as a result of its use contrary to its purpose.
7.2. The availability of goods is dependent upon warehouse stock and Boxxi Food Solutions does not guarantee the availability of goods. In the event that it is not possible to process the Order for any reason on the part of Boxxi Food Solutions, the Customer will be informed via the Boxxi Food Solutions customer line or via e-mail, which the Customer will state in the Order as a contact.
7.3. Boxxi Food Solutions is not liable to the Customer or any third party for any damages, lost profits, costs incurred, business interruptions or other damages incurred in connection with the use of information provided on the website of the Boxxi Food Solutions online store. The information about the goods on the website of the online store Boxxi Food Solutions cannot be considered as a declaration of suitability of these goods for any specific purpose.
7.4. The customer uses the internet portal www.boxxi.cz at his own risk and agrees that the photos on the internet portal www.boxxi.cz can only be illustrative.
7.5. All materials published on the website of the online store Boxxi Food Solutions are protected by copyright law. This website and its individual parts (especially descriptions and images of goods sold, and the categorisation of goods) may not be copied electronically or mechanically and made available to the public or otherwise used without the prior written permission of the seller as the copyright holder.
VIII. ALCOHOLIC DRINKS
8.1 Alcoholic beverages may only be sold to persons over 18 years of age; the sale to younger persons is prohibited. If it cannot be reliably verified that the Customer is over 18 years of age (eg. by sending a copy of the customer's ID card), the goods will not be handed over and Boxxi food solutions is entitled to withdraw from the Contract, unless the goods have been handed over to the Customer's legal representatives.
IX. ABUSE OF THE SERVICE, AVAILABILITY OF THE SERVICE, OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
9.1. The customer is not entitled to use mechanisms, software or other procedures when using the internet portal www.boxxi.cz, which could have a negative effect on the operation of the internet portal www.boxxi.cz. The Internet portal www.boxxi.cz may be used only to the extent that is not to the detriment of the rights of other customers of Boxxi Food Solutions and which is in accordance with its purpose.
9.2. Boxxi Food Solutions reserves the right to restrict or terminate the access of the Customer or another third party to the internet portal www.boxxi.cz at any time.
9.8. Boxxi Food Solutions is not bound by any codes of conduct in relation to the Customer in the sense of the provisions of § 1826 par. 1, let. e) of Act No. 89/2012 Sb., of the Civil Code.
X. Protection of personal data and consent to processing
10.1. How Boxxi Food Solutions processes the Customer's personal data is described in the Customer Privacy Policy section. The customer acknowledges that he is obliged to state his personal data correctly and truthfully and that he is obliged to inform Boxxi Food Solutions without undue delay about a change in his personal data.
XI. Delivery and Collection
11.1. Unless otherwise agreed, all correspondence related to the Contract must be delivered to the other contracting party in writing, by e-mail, or in person or by registered mail through the postal service provider. It is delivered to the Customer to the e-mail address specified in the Order.
11.2. In the case of delivery by e-mail, the message is considered delivered at the moment of receipt on the incoming mail server. A message delivered in person or through a postal service provider is considered received by the addressee taking over the consignment, or by the addressee refusing to accept the consignment. In the case of delivery via a postal service provider, the item is also considered delivered after the expiry of ten (10) days from the deposit of the item and the sending to the addressee of an invitation to collect the stored item, if the item is deposited with the postal service provider, even if the addressee did not learn of the deposit.
XII. Final Provisions
12.1. If the relationship related to the use of the internet portal www.boxxi.cz or the legal relationship established by the Agreement contains an international (foreign) element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the rights of the Customer (consumer) arising from generally binding legal regulations. In the event of a litigation between the Customer and Boxxi Food Solutions, the court with territorial jurisdiction is the court of the registered office of Boxxi Food Solutions.
12.2. In the event of a dispute between the Customer and Boxxi Food Solutions, the Customer may also use the possibility of out-of-court settlement of the dispute. In such a case, the Customer may contact the subject of out-of-court settlement of the dispute, which is the Czech Trade Inspection Authority ( www.coi.cz ) and proceed according to the rules specified therein. More information on out-of-court dispute resolution can also be found on the website of the Czech Trade Inspection Authority.
12.3. Boxxi Food Solutions is authorized for this activity on the basis of a trade license and the activity is not subject to any other permit. The Trade Licensing Office is performed by the Trade Licensing Office within its competence.
12.4. If any of the provisions of the GTC is or becomes invalid or ineffective, such invalid provisions will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of any provision shall not affect the validity and effectiveness of the other provisions.
XIII. Customer support contact information:
- Internet portal / e-shop: www.boxxi.cz
- Customer support line. +420 607 300 995
Any questions, suggestions, comments or complaints can be resolved at support@boxxi.cz. If they cannot be resolved, the state supervisory authorities and the court can be contacted.
The stated General Terms and Conditions take effect on 25. 9.2020
25.9.2020