These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") apply to contracts concluded through the online shop World of Confectioners located on the web interface www.worldofconfectioners.com (hereinafter referred to as "Web Interface") between
PNM International s.r.o., with its registered office at Nádražní 385/34, 702 00 Ostrava,
ID No.: 05060192, VAT No.: CZ05060192, registered in the Commercial Register kept at the Regional Court in Ostrava, Section C, Insert 66046
Contact address: PNM International s.r.o., U1 - Industrial Park Karviná, Závodní 540/51, 735 06 Karviná - Nové Město
Operating hours Mon - Fri 8 am - 2 pm
Phone number: (+420) 228 224 412
Contact Email: email@example.com
and you as the buyer
1. INTRODUCTORY PROVISIONS
We undertake by the Purchase Contract to deliver to you the goods specified in the Order, and you undertake to take delivery of those goods (either in person or from a carrier) and to pay us the purchase price specified in the Order. The purchase price (or just the "price") includes the costs associated with the delivery of the goods and any charges associated with the chosen payment method. The amount of these costs will always be communicated to you prior to the binding dispatch of your order.
You acquire ownership of the goods by paying the full purchase price, but not before you take delivery of the goods.
1.1 Does the contract of sale apply to the goods only?
A contract of sale (or just "contract") refers herein to any contract made under these terms and conditions. This may include, for example, a contract for the provision of services.
1.2 Is a contract of sale a consumer contract?
It is a consumer contract if you are a consumer, i.e. if you are a natural person and you are buying the goods. Otherwise, it is not a consumer contract and you are not subject to consumer protection under the law and these terms and conditions, but you are subject to General Terms and Conditions for the Wholesale of Goods. In particular, as a non-consumer, you do not have the right to withdraw from the contract without giving any reason.
1.3. What special rights do you have as a consumer?
As a consumer you have in particular:
- the right to withdraw from a contract concluded by means of distance communication such as telephone, e-mail or online shop (Article 5 of these terms and conditions);
- the right to a 24-month warranty on unused consumer goods (the application of the warranty is governed by the Reclamation Policy);
- the right to information prior to the conclusion of the contract (information is contained in these terms and conditions or on the web interface);
- the right to out-of-court settlement of a consumer dispute under the contract (Article 7.3 of these terms and conditions).
1.4. What governs our legal relationship?
Our legal relationship is governed by the following documents:
- these Terms and Conditions, which define and specify our mutual rights and obligations;
- Reclamation Policy, which we will follow in the event of a complaint;
- the conditions and instructions set out on the web interface, in particular when concluding a contract;
- the order and its acceptance by us,
and, in matters not covered herein, by the following legal provisions:
- Law No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code");
- the Consumer Protection Act No. 634/1992 Coll., as amended (only if you are a consumer).
If your domicile or registered office is located outside the Czech Republic, or if our legal relationship contains any other international element, you acknowledge that our relationship is governed by Czech law. If you are a consumer and the law of your country of residence provides a higher level of consumer protection than Czech law, you are afforded this higher level of protection in your legal relationship.
1.5. How do you agree to the terms and conditions?
By placing an order and also confirming it in the web interface, you confirm that you have read and agree to these terms and conditions.
We may change or amend the wording of the terms and conditions. Your rights and obligations shall always be governed by the version of the terms and conditions under which they came into effect.
2. PURCHASE AGREEMENT
2.1. How do we conclude a contract of sale?
The web interface provides a list of the goods including a description of the main features of each item. For each item, the price including all taxes, duties and charges is indicated. The presentation of the goods is for information purposes only and does not constitute our proposal to conclude a contract within the meaning of section 1732 (2) of the Civil Code. In order to enter into a contract, it is necessary that you submit an order and that this order is accepted by us.
2.2. How to submit an order?
You can always place an order via the web interface (by filling in the form), or alternatively by phone, email or any other method that we allow according to the current information on the web interface.
The order must contain all the information prescribed in the form, in particular the exact designation of the goods ordered (or the numerical designation of the goods), the number of pieces, the chosen method of payment and transport and your contact details (delivery and billing, if applicable).
Before the binding dispatch of the order, you will be provided with a recapitulation of the order, including the final price (depending on the chosen method of delivery and payment). We recommend checking in particular the type and quantity of goods, the e-mail and delivery address. In the recapitulation you have the last possibility to change the entered data.
You can place a binding order by pressing the "Submit Order" button. The information provided in the binding order is considered correct and complete. Please inform us immediately by phone or e-mail if you change them.
We will inform you about the receipt of your order. Information (confirmation) of receipt of the order is sent automatically and does not constitute acceptance of the order by us, unless explicitly stated in the confirmation.
If we have any doubts about the authenticity and seriousness of an order, we may contact you to verify it. We may refuse an unverified order. Such an order will then be treated as if it had not been placed.
2.3. When is the contract concluded?
The contract of sale is concluded at the moment you receive our acceptance of your order. Acceptance of your order will be sent to the email address you provided in your order. Should acceptance of the order not be received, the contract is concluded at the moment when you pay the full purchase price or take delivery of the ordered goods (whichever is earlier). Acceptance of the order (acceptance) may be part of the order receipt information under clause 2.2 of these terms and conditions (if expressly stated in the acknowledgement) or may follow separately from the acknowledgement.
Information on the various technical steps leading to the conclusion of the contract is visible from the web interface.
2.4. Can you cancel an order already placed?
You may cancel an order that we have not yet accepted (i.e. you have not been sent an acceptance of your order by us in accordance with article 2.3 of these terms and conditions) by telephone or e-mail. All orders accepted by us are binding. Subsequent cancellation of an order is only possible by agreement with us. If an order is cancelled in this way for goods that cannot be withdrawn from the contract (see clause 5. for details), we are entitled to reimbursement of the costs we have already incurred in connection with the contract.
2.5. Can the price shown on the web interface be changed?
The prices of the presented goods and the prices for packaging, shipping and delivery remain valid for as long as they are displayed on the web interface. Any discounts on the price of the goods cannot be combined with each other, unless explicitly stated otherwise on the web interface.
In the event that there is an obvious technical error on our part in the price of the goods in the web interface or during the ordering process, we are not obliged to deliver the goods to you at this obviously incorrect price, even if you have been sent an order acceptance in accordance with these terms and conditions. In this case, we reserve the right to withdraw from the contract.
If the price indicated for the goods in the web interface or during the ordering process is no longer current, we will notify you immediately. If your order has not yet been accepted, we are not obliged to conclude the contract.
A price change that has occurred between the time you place your order and our acceptance of it in accordance with clause 2.3 of these terms and conditions does not affect the price of your order.
2.6. Do you have the option to receive the contract in text form?
The Contract is not concluded in writing with the signatures of the parties. The Contract consists of these Terms and Conditions, your order and its acceptance by us. The full contract will be sent to you by email or, at your request, printed by post. When sending by post, we may ask you to pay the costs involved.
2.7 What if you don't understand something in the contract?
If you have any questions about the terms and conditions or the contract, you can contact us by phone or email. We will be happy to provide you with all the information you need.
2.8. In which languages can the contract be concluded?
The contract can be concluded in the Czech language, unless we explicitly agree on another language.
2.9. Is the contract stored anywhere?
We store the Agreement (including these Terms and Conditions) in electronic form. The contract is not accessible to third parties, but we will send it to you on request.
3. Payment Terms
3.1. What methods of payment do we accept?
You can pay the purchase price mainly by the following methods:
- in cash on delivery or upon personal collection at our contact address or at partner personal collection points;
- cashlessly before delivery of the goods online by credit card or transfer via a third party payment gateway;
- cashless before delivery by transferring the goods to our bank account (instructions will be communicated to you in the order confirmation).
Any other payment methods are listed on the web interface.
Some payment methods (especially cash on delivery) may incur additional charges. These fees are listed on the web interface. The final price will always be indicated in the order, which already includes the fees associated with the chosen payment method.
3.2. When is the purchase price due?
In the case of payment in cash, the price is payable on receipt of the goods. In the case of non-cash payment before delivery of the goods, the price is due within five days of receipt of the order in accordance with clause 2.3.
3.3. In what currency can you pay?
Payment of goods is possible in Czech crowns (CZK), forints (HUF) or euros (EUR).
3.4. When can we require a deposit or payment in advance?
We may require a deposit on the purchase price, especially for orders with a total price of over CZK 3,000.
We are also entitled to ask you to pay the full price of the goods before they are dispatched or handed over (Section 2119(1) of the Civil Code does not apply).
3.5. Where can I get a tax receipt or a warranty certificate?
The tax document is sent by email to the electronic address provided during the order. The order confirmation, the tax receipt or another way of proving the order in our shop - for example, a saved order in our information system - serves as a guarantee document. Your tax documents can also be found in your customer account if you are registered in our e-shop.
4. SUPPLY TERMS
4.1. How do we send goods?
The shipping methods are listed on the web interface. You can select the specific delivery method in the order. If you do not select a shipping method, we may determine it.
We reserve the right in justified cases to additionally change your chosen method of delivery or payment of the goods, of which you will be informed immediately by e-mail.
4.2. What are the costs of delivery of the goods?
The cost of delivery always depends on the size and nature of the goods and the price list of the chosen carrier. Actual delivery costs are listed on the web interface.
The order will always include the final price, which already includes the cost of the chosen shipping method.
4.3. When will we deliver the goods to you?
Delivery time always depends on the availability of the goods and the chosen method of transport and payment.
We usually dispatch goods that are in stock within three working days of receipt of the order (when sending the goods on delivery or personal collection), or after payment has been credited to our account (when making a cashless payment). These dispatch times are indicative only. In cases where for objective reasons the dispatch deadline cannot be met, we reserve the right to extend the deadline. In this case, we will inform you of the change of the dispatch date via e-mail.
We will dispatch goods that are not in stock as soon as possible. We will inform you of the exact date.
Shipment at higher temperatures (above 25°C) or at low temperatures (below 5°C) may be limited for some more temperature sensitive products until weather conditions allow.
Delivery of the goods under these terms and conditions means when the goods are delivered to you. If you unreasonably refuse to accept the goods, this shall not be deemed to be a failure on our part to deliver the goods or a repudiation of the contract by you.
4.4. How to proceed with the acceptance of the goods?
When you take delivery of the goods, check the packaging of the goods for integrity. If you find any shortcomings, please inform the carrier and us immediately. If you refuse to accept a shipment with damaged packaging, this is not considered an unreasonable refusal.
At the time you take delivery of the goods (or at the time you were obliged to take delivery of the goods but failed to do so in breach of contract), liability for accidental destruction, damage or loss of the goods passes to you.
4.5 What happens if you do not take possession of the goods?
If, for reasons on your part, it is necessary to deliver the goods repeatedly or in a manner other than that agreed, you must pay the costs of such delivery.
If you do not take delivery of the goods without reason, we are entitled to compensation for the costs of delivery and storage as well as any other costs we incur as a result of the non-acceptance of the goods. These costs shall not exceed CZK 10 for each day of storage. The storage costs may amount to a maximum total of CZK 500 or the purchase price if it is less than CZK 500.
In addition, we have the right to withdraw from the contract in such a case.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. How can you withdraw from the contract?
You may withdraw from the Purchase Contract within 14 days from the date of receipt of the goods; if the delivery is divided into several parts, from the date of receipt of the last delivery. We recommend that you send the notice of withdrawal to our delivery address or e-mail. You can use the sample form to withdraw from the contract. We will confirm receipt of the notification without undue delay.
You do not need to give any reasons for withdrawal.
5.2. What are the consequences of withdrawal from the contract?
Withdrawal from the contract cancels the contract from the outset and is treated as if it had not been concluded.
If a gift has been given to you together with the goods with your consent, the gift contract shall cease to have effect upon withdrawal by either party. You must send the gift back to us together with the returned goods.
5.3. When can you not withdraw from the contract?
In accordance with § 1837 of the Civil Code, the following contracts, among others, cannot be withdrawn from:
- on the delivery of perishable goods as well as goods which have been irretrievably mixed with other goods after delivery;
- the delivery of goods in sealed packaging which you have removed from the packaging and which cannot be returned for hygiene reasons.
- in other cases specified in the provisions of Section 1837 of the CC.
5.4. How will you return the goods to us?
You must return the goods to us within 14 days of withdrawal from the contract to our delivery address, to any premises or to our registered office. Do not send the goods COD. We are not obliged to accept goods sent by cash on delivery.
We recommend that you enclose the following with your return:
- a copy of the delivery note and invoice, if these documents were issued, or other proof of purchase of the goods;
- a written statement of withdrawal (on our form or otherwise) and the method of refund chosen (bank transfer, personal cash collection or postal order or otherwise). Please include your delivery address, telephone number and email in your statement.
Failure to submit any of the above documents does not prevent the positive processing of your withdrawal in accordance with the legal conditions.
5.5. When will you get your money back?
We will refund any monies received within 14 days of your withdrawal. Please note, however, that we are not obliged to refund you until you have returned the goods to us or provided proof that you have sent the goods to us.
In addition to the purchase price, you are also entitled to a refund of the cost of delivery of the goods to you. However, if you have chosen a method of delivery other than the cheapest method of delivery we offer, we will refund the cost of delivery at an amount equivalent to the cheapest method of delivery offered.
We will refund your money:
- in the same way as we received it, or
- in the manner you require;
The cost of sending the returned goods to our address will be borne by you, even if the goods cannot be returned by the usual postal route due to their nature.
5.6 What if the returned goods have been damaged?
When sending the goods, please pack them in suitable packaging to prevent damage or destruction. Goods substantially damaged or destroyed in transit due to the use of unsuitable packaging cannot be refunded for the purchase price and delivery costs (or part thereof corresponding to the damage caused).
If we find that the goods returned by you are damaged, worn, soiled or partially consumed, we shall be entitled to compensation against you. We may unilaterally set off the claim for damages against your claim for a refund of the purchase price and delivery costs, i.e. you will be refunded the amount less the damages incurred.
5.7 When can we withdraw from the contract of sale?
We reserve the right to withdraw from the contract in the following cases:
- a technical error has resulted in a manifestly incorrect price for the goods on the web interface (article 2.5 of these terms and conditions);
- it is not possible to deliver the goods under the original conditions for objective reasons (mainly because the goods are no longer manufactured, the supplier has stopped delivering to the Czech Republic, etc.);
- performance becomes objectively impossible or unlawful;
- all of your obligations to us payable on the date of placing the order are not settled.
If any of the above occurs, we will inform you immediately of our withdrawal from the contract. The withdrawal is effective against you from the moment it is delivered to you.
If you have already paid the purchase price in full or in part, we will refund you the amount received in cash to the account you provide us with for this purpose or from which you made the payment. We will refund the money within ten days of withdrawal from the purchase contract.
6. REMEDY RIGHTS
Your rights arising from defective performance are governed by the applicable generally binding legal provisions (in particular, Sections 1914 to 1925, 2099 to 2117 and 2158 to 2174 of the Civil Code).
When asserting rights arising from defective performance, we will proceed in accordance with our Reclamation Policy. Please read the Claims Procedure thoroughly before submitting a claim so that the claim can be settled as quickly and to your satisfaction as possible.
7. FINAL PROVISIONS
7.1 What authority do we have to carry out our activities and who controls us in doing so
We are authorised to sell goods under a trade licence. Our activities are not subject to any other authorisation.
Trade licence control is carried out within the scope of its competence by the competent trade licensing authority. The Czech Trade Inspection Authority (http://www.coi.cz/) carries out the control of compliance with the legal regulations concerning technical requirements for goods and safety of goods, in the case of food goods the State Agricultural and Food Inspection Authority (http://www.szpi.gov.cz). The Czech Trade Inspection Authority also checks compliance with consumer protection regulations. Consumer rights are also defended by consumer interest associations and other consumer protection bodies.
7.2. How do we handle complaints?
We handle any complaints via our contact email. You may also contact the entities listed in clause 7.1. We are not bound by any codes of conduct in relation to our customers, nor do we adhere to any such codes.
7.3 What rights do you have in the event of a consumer dispute?
If you are a consumer and a dispute arises between us under a contract that we are unable to resolve directly, you have the right to take the dispute to the Czech Trade Inspection Authority (CTIA) for out-of-court resolution of the consumer dispute. You may exercise this right within 1 year from the date you first exercised the right that is the subject of this consumer dispute with us.
Contact details of the CTIA: Czech Trade Inspection Authority, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, Internet address: https://adr.coi.cz/cs or https://www.coi.cz/ The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under a purchase contract.
7.4. What else should you know?
Distance means of communication (in particular the internet) are used when concluding a contract. You are responsible for the costs incurred when using the means of distance communication (in particular the cost of the internet connection or telephone calls). These costs do not differ from the standard rate.
Unless otherwise agreed, all correspondence relating to the contract between us shall be in writing, either by email, registered post or personal delivery. For our part, we will deliver to you at the e-mail address provided in your order or in your user account.
In the event that any provision of these terms and conditions is (or becomes) invalid, ineffective or unenforceable, the provision which is closest in meaning to the invalid, ineffective or unenforceable provision shall apply instead. The invalidity, ineffectiveness or unenforceability of one provision shall not affect the validity of the other provisions. The contract (including the terms and conditions) may be amended or supplemented only in writing.
These terms and conditions came into force on 1 July 2019