GENERAL TERMS AND CONDITIONS

Cambodian s.r.o.

ID: 06687130

VAT: CZ06687130

with registered office: žerotínova 1133/32, Žižkov (Prague 3), 130 00 Prague

registered with the Municipal Court in Prague, Section C, Insert 286173

contact details:

email: eshop@pepperfield.com

phone: +420 214 214 710

www.pepperfield.cz

(hereinafter referred to as “Seller”)

BASIC PROVISIONS

These general terms and conditions (hereinafter “Terms and Conditions”) are issued pursuant to § 1751 and the subsequent provisions of Act No. 89/2012 Coll., the Civil Code (hereinafter “Civil Code”).

 

These terms and conditions govern the mutual rights and obligations of the Seller and the natural person who enters into a purchase contract outside of their business activity as a consumer, or within the framework of their business activity (hereinafter “Buyer”) through the web interface available on the website at the Internet address www.pepperfield.cz (hereinafter “Online Store”). 

 

The provisions of the terms and conditions form an integral part of the purchase contract. Any deviating agreements in the purchase contract take precedence over the provisions of these terms and conditions.

 

The terms and conditions do not apply in cases where the person intending to purchase goods from the Seller is a legal entity or a person acting in the course of their business activity or their independent professional practice.

 

These terms and conditions and the purchase contract are concluded in the Czech language. 

INFORMATION ABOUT GOODS AND PRICES

Information about the goods, including the listing of prices for individual items and their main characteristics, is provided for each product in the catalog of the Online Store. The prices of the goods include the value-added tax and all related fees. The prices remain valid for the period during which they are displayed in the online store. This provision does not preclude the conclusion of a purchase contract under individually agreed terms.

 

All presentations of the goods in the online store catalog are for informational purposes only and do not constitute an offer to enter into a contract within the meaning of § 1732 of the Civil Code. The offer to conclude the purchase contract is always made by the Buyer.

 

The online store provides information on costs associated with Packagem and the delivery of goods. The information on costs associated with Packagem and the delivery of goods provided in the online store applies only in cases where the goods are delivered within the territory of the Czech Republic

 

Any discounts on the purchase price of the goods cannot be combined with each other unless the Seller agrees otherwise with the Buyer.

ORDER AND CONCLUSION OF THE PURCHASE CONTRACT

The costs incurred by the Buyer through the use of remote communication means in connection with the conclusion of the purchase contract (costs for internet connection, costs for telephone calls) shall be borne by the Buyer himself. These costs are no different from the basic rate.

 

The Buyer places an order (offer) for goods in the following ways:

1. through their customer account, if they have previously registered in the Online Store, 

2. by filling in the order form without registration. 

 

When placing an order, the Buyer selects the goods, the number of pieces of goods, the method of payment, and delivery.

 

Before submitting the order, the Buyer is allowed to review and change the data entered in the order. The Buyer sends the order to the Seller by clicking on the button “Dokončit objednávku”. The data provided in the order is considered correct by the Seller. The order is valid only if all required fields in the order form are filled in and the Buyer confirms that they have familiarized themselves with these terms and conditions.

 

Immediately after receiving the order, the Seller will send the Buyer a confirmation of receipt of the order and acceptance of the offer to conclude a contract to the email address provided by the Buyer when placing the order. This constitutes the conclusion of the purchase contract. The confirmation is accompanied by the current terms and conditions of the Seller. The purchase contract is concluded only after the Seller has received the order.

 

In the event that the Seller is unable to meet any of the requirements specified in the order, the Seller will send the Buyer a modified offer to the Buyer’s email address. The modified offer is considered a new proposal for a purchase contract, and the purchase contract is in such a case concluded upon the Buyer’s confirmation of acceptance of this offer to the Seller at the email address provided in these terms and conditions. 

 

All orders received by the Seller are binding. The Buyer may cancel the order until the Buyer receives notification from the Seller of the order’s acceptance. The Buyer may cancel the order by telephone at the phone number or email provided by the Seller in these terms and conditions. 

 

In the event that a clear technical error has occurred on the part of the Seller when stating the price of the goods in the Online Store, or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer at this clearly erroneous price, even if an automatic confirmation of receipt of the order has been sent to the Buyer in accordance with these Terms and Conditions. The Seller will inform the Buyer of the error without undue delay and send the Buyer a modified offer to their email address. The modified offer is considered a new proposal for a purchase contract, and the purchase contract is in such a case concluded upon the Buyer’s confirmation at the Seller’s email address.

 

By submitting the order, the Buyer agrees to the use of remote communication means when concluding the purchase contract.

CUSTOMER ACCOUNT

Based on the registration of the Buyer carried out in the Online Store, the Buyer may access his customer account. From his customer account, the Buyer may place orders for goods. The Buyer may also order goods without registration. 

 

When registering for a customer account and when ordering goods, the Buyer is obligated to provide all information correctly and truthfully. The data provided in the user account must be updated by the Buyer whenever any changes occur. The data provided by the Buyer in the customer account and when ordering goods are considered correct by the Seller.

 

Access to the customer account is secured by a username and password. The Buyer is obligated to maintain the confidentiality of the information necessary for accessing his customer account. The Seller shall not be liable for any misuse of the customer account by third parties.

 

The Buyer is not entitled to allow third parties to use the customer account.

 

The Seller may cancel the user account, particularly in the event that the Buyer does not use his user account for a period longer than three (3) years, or in the event that the Buyer breaches his obligations under the purchase agreement and these Terms and Conditions.

 

The Buyer acknowledges that the user account may not be continuously available, particularly due to the necessary maintenance of the Seller's hardware and software, or due to the necessary maintenance of the hardware and software of third parties.

PAYMENT TERMS AND DELIVERY OF GOODS

The price of the goods and any costs associated with the delivery of the goods according to the purchase contract may be paid by the Buyer in the following ways:

- cashless by payment card;

- cashless by transfer to the Seller's account via the GoPay or PayPal payment gateway, or via so-called "quick transfer" from a bank account;

- cash on delivery in cash upon handover of the goods;

- in cash or by payment card when using a private carrier;

- in cash or by payment card when picking up personally at a parcel collection point in the Zásilkovna network.

 

Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with Package and delivery of the goods in the agreed amount. Unless explicitly stated otherwise below, the purchase price also includes the costs associated with the delivery of the goods.

 

In the case of payment in cash, the purchase price is due upon receipt of the goods.

 

In the case of payment via the payment gateway, the Buyer proceeds according to the instructions of the relevant electronic payment provider.

 

In the case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller's bank account.

 

The Seller does not require any advance payment or similar payment from the Buyer in advance. Payment of the purchase price before the dispatch of the goods is not considered an advance.

 

According to the law on sales records, the Seller is obliged to issue a receipt to the Buyer. At the same time, the Seller is obliged to record the received revenue with the tax administrator online, or in the event of a technical failure, no later than within 48 hours.

 

  • The goods are delivered to the Buyer:

1. to the address specified by the Buyer in the order;

2. via a parcel collection point at the address of the Zásilkovna collection point designated by the Buyer;

3. by personal pickup at the Seller's premises;

 

In the case of payment by cashless payment card or transfer to the Seller's account, the goods will be sent only after payment is received.

 

The costs of delivering the goods, depending on the method of dispatch and receipt of the goods, are stated in the Buyer's order and in the order confirmation by the Seller. If the method of delivery is agreed based on a special request from the Buyer, the Buyer bears the risk and any additional costs associated with this method of delivery.

 

If the Seller is obliged under the purchase contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to accept the goods upon delivery. If, for reasons on the Buyer's side, the goods must be delivered repeatedly or by a different method than stated in the order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods or costs associated with a different delivery method.

 

Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the goods' packaging and immediately report any defects to the carrier. If damage to the packaging indicating unauthorized entry into the shipment is found, the Buyer is not obliged to accept the shipment from the carrier.

 

If, for reasons on the Buyer's side, the goods must be delivered repeatedly or by a different method than stated in the order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods or costs associated with a different delivery method.

 

The Seller will issue a tax document – invoice – to the Buyer. The tax document is sent either to the Buyer's e-mail address or attached to the delivered goods.

 

The Buyer acquires ownership rights to the goods by paying the full purchase price for the goods, including delivery costs, but not earlier than upon receipt of the goods. Responsibility for accidental loss, damage, or loss of the goods passes to the Buyer at the moment of receipt of the goods or at the moment when the Buyer was obliged to take over the goods but did not do so in breach of the purchase contract.

WITHDRAWAL FROM THE CONTRACT

The Buyer has the right to withdraw from the sales contract. The withdrawal period is 14 days:

1. from the day of receipt of the goods;

2. from the day of receipt of the final delivery of the goods, if the subject of the contract includes several types of goods or the delivery in several parts;

3. from the day of receipt of the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods;

 

Among other things, the Buyer cannot withdraw from the sales contract;

1. with respect to the delivery of goods that have been customized according to the Buyer’s wishes or for his personal use;

2. with respect to the delivery of goods that are perishable, as well as goods that, once delivered, have been irrevocably mixed with other goods;

3. with respect to goods in a sealed package, which the Buyer has removed from the packaging and which, for hygiene reasons, cannot be returned;

4. in the other cases provided for in § 1837 of the Civil Code.

 

To comply with the withdrawal period, the Buyer must send the declaration of withdrawal no later than the last day of the withdrawal period.

 

To withdraw from the sales contract, the Buyer may use the sample withdrawal form. The Buyer shall send the withdrawal from the sales contract to the email or postal address of the Seller provided in these terms and conditions. The Seller will immediately confirm receipt of the form.

 

A Buyer who has withdrawn from the contract is obliged to return the goods to the Seller within 14 days from the withdrawal. The Buyer bears the costs associated with returning the goods to the Seller, even in cases where the nature of the goods means they cannot be returned by the usual postal method.

 

If the Buyer withdraws from the contract, the Seller will refund all monetary funds, including the costs of delivery, received from the Buyer immediately, but no later than 14 days from the withdrawal, in the same manner. The Seller will refund the funds by a different method only if the Buyer agrees and if no additional costs are incurred.

 

If the Buyer has chosen a delivery method other than the cheapest one offered by the Seller, the Seller will refund the Buyer the delivery costs in an amount corresponding to the cheapest method offered.

 

If the Buyer withdraws from the sales contract, the Seller is not obliged to refund the received funds until the Buyer hands over the goods or proves that the goods have been dispatched to the Seller.

 

The Buyer must return the goods to the Seller undamaged, unused, and unsoiled and, if possible, in the original packaging. The Seller is entitled to unilaterally offset any claim for damages arising on the goods against the Buyer's claim for a refund of the purchase price.

 

The Seller is entitled to withdraw from the sales contract due to depletion of stock, unavailability of the goods, or if the manufacturer, importer, or supplier has ceased production or import of the goods. The Seller will immediately inform the Buyer via the email address provided in the order and will refund all monetary funds, including delivery costs, received from the Buyer under the contract, in the same manner – or by the method specified by the Buyer – within 14 days from the notification of withdrawal from the sales contract.

 

If the Buyer withdraws from the sales contract, the Buyer bears the costs associated with returning the goods to the Seller, even in cases where the nature of the goods means they cannot be returned by the usual postal method.

RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

The Seller is responsible to the Buyer for the goods being free of defects at the time of delivery. In particular, the Seller warrants to the Buyer that at the time the Buyer took delivery of the goods:

1. the goods have the characteristics agreed upon by the parties, and in the absence of such agreement, they have the characteristics that the Seller or the manufacturer described or that the Buyer expected in view of the nature of the goods and based on the advertising they conducted;

2. the goods are suitable for the purpose for which the Seller indicates they are intended or for which goods of this type are usually used;

3. the goods conform in quality or workmanship to the agreed sample or design, if the quality or workmanship was determined by the agreed sample or design;

4. the goods are in the agreed quantity, measure, or weight; and

5. the goods comply with the requirements of legal regulations.

 

If a defect appears within six months from the time the Buyer took delivery of the goods, it is presumed that the goods were defective at the time of delivery. The Buyer is entitled to exercise the right regarding a defect that occurs in consumer goods within twenty-four months of delivery. This provision does not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to wear resulting from the normal use of the goods, to a defect in used goods corresponding to the extent of use or wear that the goods had at the time of delivery to the Buyer, or if it is inherent in the nature of the goods.

 

In the event of a defect, the Buyer may submit a complaint to the Seller and demand:

1. an exchange for new goods,

2. an appropriate discount on the purchase price,

3. rescission of the contract.

 

The Buyer has the right to rescind the contract,

1. if the goods have a significant defect,

2. if they cannot be used at all due to a recurrent defect or defects after repair,

3. in the case of a greater number of defects in the goods.

 

The Seller is obliged to accept the complaint at any establishment where complaints can be received, including at the head office or place of business. The Seller is obliged to issue the Buyer a written confirmation stating when the Buyer exercised the right, what the complaint consists of, and which method of complaint resolution the Buyer demands, as well as a confirmation of the date and method of resolving the complaint, including confirmation of the repair carried out and its duration, or a written justification for the rejection of the complaint.

 

The Seller or an employee authorized by the Seller shall decide on the complaint immediately, in complex cases within three working days. The period necessary for a professional evaluation of the defect according to the type of product or service is not counted within this timeframe. The complaint, including the remedy of the defect, must be resolved immediately, no later than 30 days from the date the complaint is filed, unless the Seller agrees with the Buyer to a longer period. The failure to resolve the complaint within this period is regarded as a material breach of the contract and the Buyer has the right to rescind the purchase contract. The moment the complaint is filed is considered to be the moment when the Buyer's intention (to exercise the right regarding defective performance) is manifested to the Seller.

 

The Seller shall inform the Buyer in writing of the outcome of the complaint. 

 

The Buyer is not entitled to the right of defective performance if the Buyer knew prior to delivery that the item had a defect, or if the Buyer caused the defect themselves.

 

In the event of a justified complaint, the Buyer is entitled to reimbursement of the expenses reasonably incurred in connection with filing the complaint. The Buyer may enforce this right against the Seller within one month after the expiration of the warranty period.

 

The Buyer chooses the method of complaint.

 

The rights and obligations of the contractual parties regarding defective performance are governed by §§ 1914 to 1925, §§ 2099 to 2117 and §§ 2161 to 2174 of the Civil Code and by Act No. 634/1992 Coll., on Consumer Protection.

DELIVERY

The contractual parties may send all written correspondence to each other via electronic mail. 

 

The Buyer delivers correspondence to the Seller to the email address stated in these terms and conditions. The Seller delivers correspondence to the Buyer to the email address provided in his customer account or in the order. 

Out-of-court dispute resolution

For out-of-court resolution of consumer disputes arising from the purchase contract, the Czech Trade Inspection Authority, located at Štěpánská 567/15, 120 00 Prague 2, ID: 000 020 869, website: https://adr.coi.cz/cs, is the competent authority. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr may be used for resolving disputes between the Seller and the Buyer arising from the purchase contract.

 

The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No. 524/2013 of 21 May 2013 on online dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/ES (the regulation on online dispute resolution).

 

The Seller is authorized to sell goods on the basis of a trade license. The trade license inspection is carried out by the competent trade office within its authority. The Czech Trade Inspection Authority also exercises, among other things, supervision over compliance with Act No. 634/1992 Coll. on Consumer Protection.

Final Provisions

All agreements between the Seller and the Buyer shall be governed by the legal system of the Czech Republic. If a relationship based on the purchase contract contains an international element, the parties agree that the relationship shall be governed by the law of the Czech Republic. This does not affect the consumer rights provided by generally binding legal regulations.

 

The Seller is not bound to the Buyer by any codes of conduct in the meaning of § 1826 paragraph 1 letter e) of the Civil Code.

 

All rights to the Seller’s website, including copyright in the content — such as the layout of the site, photos, films, graphics, trademarks, logo, and other content and elements — belong to the Seller. Copying, modifying, or otherwise using the website or any part thereof without the Seller’s consent is prohibited.

 

The Seller is not responsible for errors resulting from third-party interference with the online store or from its use in a manner contrary to its intended purpose. The Buyer must not employ any methods when using the online store that could negatively affect its operation, nor engage in any activity that might allow him or third parties to unlawfully interfere with or improperly use the software or other components of the online store, or to use the online store or its parts or software in any way that is contrary to its intended purpose or objective. 

 

By doing so, the Buyer assumes the risk of changed circumstances within the meaning of § 1765 paragraph 2 of the Civil Code.

 

The purchase contract, including the terms and conditions, is archived by the Seller in electronic form and is not accessible.

 

The Seller may change or supplement the content of the terms and conditions. This provision does not affect the rights and obligations that arose during the validity of the previous version of the Terms and Conditions.

 

An attachment to the Terms and Conditions is a sample cancellation form.

 

These terms and conditions shall become effective on 1 November 2023
 

In accordance with the Receipt Registration Act, the Seller is obliged to issue a receipt to the Buyer. The Seller must also record the received receipt with the tax authority online; in the event of a technical failure, no later than 48 hours.