General Terms and Conditions

of the company MyFoodMarket, s.r.o. reg. no.: 29282721 with billing address: Březina 103, 666 01 Březina recorded in the Commercial Register at the Regional Court in Brno, Section C, Rider 70790 with the registered office: Údolní 212/1, Braník, 147 00 Praha 4 (hereinafter referred to as “company”) which is the Seller that offers Goods that a customer can order and purchase through the Website www.freshbedynky.cz

I. Introductory provisions

  1. These General Terms and Conditions (the “Terms”) govern the company identified above in accordance with Section 1751 (1) of Act no. 89/2012 Coll., Civil Code (hereinafter “CC” and “Civil Code”), as well as the mutual rights and obligations arising between the Company as the Seller (the “Seller”) and another natural person – the Customer of the Company as a Buyer (hereinafter referred to as the “Buyer”), in connection with or pursuant to a Purchase Contract (hereinafter referred to also as the “Purchase Agreement”) between the Seller and the Buyer (collectively referred to as “the Parties”) through the Seller’s online store, which is operated by the Seller on a website located at www.freshbedynky.cz (hereinafter referred to as the “Website”).

  2. The products for sale at the Website via its online store are food products of high quality from various producers (hereinafter referred to as “Goods”). The Goods are divided into the following categories:

    dry food;
    ready meals;
    non food-products (primarily cooking equipment);
    wines and other alcohol; and
    beverages.

  3. Each item of Goods has its own specification (product code, name, unit price, packaging type, best-before / use-by date, and other similar information), which is indicated on the packaging of the product.

  4. These GTC do not apply to cases where a person intending to purchase goods from a Seller is a legal entity (a business) or person who acts when ordering goods in the course of their business, or in their independent pursuit of a profession, that is, when they are not a consumer within the meaning of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection (hereinafter referred to as the “Consumer Protection Act”).

  5. The provisions of these GTC are an integral part of the sales contract. The GTC are prepared in Czech language and the Purchase Contract can also be concluded only in the Czech language. The Buyer is bound by the GTC provisions at the time they place the order, confirming his acceptance and consent, and at the same time the Purchase Contract is concluded between the parties. Provisions derogating from the GTC can be negotiated in the sales contract with the agreement of both parties. Any such arrangements agreed between the Parties in the sales contract take precedence over the provisions of the GTC.

  6. The GTC text may be changed and / or supplemented by the Seller. Such a change shall be without prejudice to the rights and obligations arising under the previous version of the GTC. The Buyer always has the opportunity to review the current GTC before sending a specific order and concluding a (new) Purchase Contract. In the event of disagreement with the current GTC, it is the responsibility of the Buyer to place the order and not agree to the sales contract.

II. Registration of Sales

Pursuant to the Act on the Registration of Sales, the salesperson is obliged to issue a receipt to the Buyer. Sales must be registered with the tax authority online via the appropriate system; in case of a technical failure this must be done within 48 hours.

III. Purchase Contract

  1. The Seller concludes Purchase Contracts for deliveries of goods delivered by the Seller only within the territory of the Czech Republic – which at this time is limited specifically to the capital city of Prague and its surrounding areas. The Seller is entitled at its sole discretion to conclude Purchase Contracts for the delivery of goods delivered by the Seller within the territory of the Czech Republic – but which are outside the Capital City of Prague and the surrounding area – in which case the Seller, in the event of the Purchase Agreement, secures delivery of the goods through the DPD Article 7 of the GTC concerning the Supply of Goods).

  2. The Seller will immediately confirm the receipt of the order placed by the Buyer upon the receipt of the Buyer’s Purchase Order, via an email send to the Purchaser’s e-mail address, as stated in the Buyer’s order.

  3. The contractual relationship between the Seller and the Buyer arises from the confirmation of the order by the Seller in the form and manner described in the previous article 3.2.

  4. The Seller is always entitled to ask the Buyer for additional confirmation of the order, either in writing or by phone, depending on the nature of the order (quantity of goods, amount / expected / purchase price, transport costs, etc.). If the Seller makes such a request and the Buyer does not confirm his / her order, the Seller will not be able to accept the order placed by the Buyer, and the Seller shall be entitled to withdraw from the Purchase Agreement by a written notice sent to the Buyer’s email address listed in the Buyer’s User Account.

  5. The Buyer agrees to all communication with the Seller being conducted via means of distance communication when concluding the Purchase Contract. Costs incurred by the Buyer when using such means of distance communication in connection with the conclusion of the Purchase Contract (such as, but not limited to, the costs of internet connection, telephone call costs etc) are borne by the Buyer himself, and these costs are not different from the basic rate arising from the use of the internet store of the Seller.

III.I Withdrawal from the contract and penalties

  1. The Buyer acknowledges that, in view of the nature of the foodstuff that has the potential for rapid deterioration in quality, the Buyer is not a Buyer under Section 1837 (e) of the CC and is not entitled to a refund or to return the goods under normal circumstances. Likewise, the Buyer is not entitled to withdraw from the Purchase Contract with regards to goods that are delivered in closed packaging, which the consumer has removed from the packaging and therefore cannot be returned for hygienic reasons.

  2. If the exception referred to in paragraph. (1) of this clause or for any other reason where it is not permissible under the CC to withdraw from the contract, the Buyer in accordance with Section 1829 (1) of the CC has the right to withdraw from the contract, within 14 (fourteen) days of receipt of the goods, where, in the case of several types of goods or delivery of several parts, this period runs from the date of the last delivery of the goods. The withdrawal from the Purchase Contract must be sent to the Seller within the time limit specified in the previous sentence. Withdrawal from the Purchase Contract can be made by the Buyer in writing by post sent to the Seller’s contact address and / or in writing by an email sent to the Seller’s e-mail address, bot of which are stated in the section 10 of the GTC.

  3. In the event of a legal withdrawal from the Purchase Contract under this article of the GTC, the Purchase Agreement is canceled in its entirety from the date of agreement, assuming both Parties have fulfilled all their obligations under the GTC. Goods must be returned to the Seller within 14 (fourteen) days of withdrawal from the contract. If the Buyer withdraws from the Purchase Contract, the Buyer bears the costs associated with the return of the goods to the Seller, even if the goods can not be returned by their normal postal route.

  4. In case of withdrawal from the Purchase Agreement under this GTC Article, the Seller shall return the funds received from the Buyer within 14 (fourteen) days of the withdrawal from the Purchase Agreement. The Seller is not obliged to return the funds received to the Buyer in the event of withdrawal from the Purchase Contract before the Buyer returns the goods or provides documents that evidences that the goods have been dispatched to the Seller.

  5. The contracting Parties agree, in the event of a breach of the Buyer’s obligations to organise or assist with the return of the Goods to the Seller, the following contractual penalty will apply. The Buyer is obliged to pay to the Seller in each such case a contractual penalty in the amount corresponding to the resulting price of the Goods, including delivery costs and packing, as paid under the terms of the Purchase Agreement. Similarly, the Buyer is obliged to pay the Seller a contractual penalty in cases where the Buyer is responsible for failing to accept receipt of the goods or in the case of a partial delivery of the goods at a time agreed under the Purchase Agreement, with the amount of this penalty corresponding to the price of the goods from the particular parcel delivery that was not received, including delivery costs and packaging. The contractual penalty and its amount is agreed with understanding of and in respect to the Seller’s guarantee for the freshness of all food goods delivered and the associated impossibility of delivering any undelivered goods to another customer as a result of the Buyer’s failure to accept the delivery it.

  6. The repayment of the relevant contractual penalty shall not exclude the possibility of full restitution with regards to the Seller’s claim to a contractual fine for violation of the same obligation in the future. The payment of the relevant contractual penalty is also without prejudice to any such claim for damages.

  7. A contractual penalty and / or a claim for damages incurred by the Seller is the Seller’s right to offset unilaterally against any Buyer’s claim for repayment of the purchase price.

IV. Ordering

  1. The Seller offers various products for sale to customers via its Online Store in the form of fruits, vegetables and other fresh food and food products, as well as other related products, (hereinafter collectively referred to as “Goods”). The range of Goods offered by the Seller is not guaranteed and the Seller is entitled to vary this at any time and with its sole discretion, due to the seasonal nature of its suppliers and other relevant business considerations.

  2. Ordering and purchasing of goods in the form of alcoholic beverages is only allowed for Buyers that are over 18 years of age, due to legal restrictions.

  3. The Online Store of the Seller includes information about the Goods, including the prices of an individual type of Goods, which are listed per unit of weight or per packaged item, as appropriate. The prices listed for all Goods is inclusive of value added tax (“VAT”), as the Seller is a VAT payer. (see also ‘4.1 Pricing’. Product prices are valid for as long as they are displayed on the current version of the web interface for the store at any given time. This term does not limit the possibility for the Seller to conclude a Purchase Contract with the Buyer for individually negotiated prices, which may also include other variances to the GTC.

  4. The Online Store also contains information about packing and delivery costs (see also ‘4.1 Pricing’ and ‘4.3 Delivery’) and delivery information for Goods, which the Seller always determines with regards to the size of the order, the total purchase price and the Buyer’s selected delivery address for their order. The Buyer will be informed about the specific costs associated with packing and delivery for their purchase and the specific Goods ordered by the Buyer, on their Order Summary, which is shown during the online order process and prior to the Buyer submitting their order and concluding the Purchase Contract.

  5. To place an order for Goods, the Buyer must log into their user account and then complete the order form via the web interface for Online Store. The order form contains, in particular, information about:

    – ordered goods (the ordered Goods are placed by the Buyer in an electronic shopping cart in the Seller’s Online Store)
    – 
    information about the costs associated with the packaging and delivery of Goods, details of the required delivery method and the time of delivery for the ordered goods (the time of delivery is chosen by the from one of the delivery time slots offered by the Seller during the order process and may vary based on factors beyond the Seller’s control)
    – the method of payment of the purchase price of the Goods, hereinafter collectively referred to as the “Order”.

  6. Before submitting the Order to the Seller and completing the Order – at which point the Purchase Contract is concluded – the Buyer is allowed to review their Order and modify the data entered in the Order, to identify any errors made by the Buyer when entering the data for their order, to determine the price of the order and the partial costs associated with closing the Purchase Contracts. The order will then be submitted by the Buyer to the Seller, via clicking on the “complete” request button shown on the Order Confirmation page, after which point the Purchase Contract under the GTC is concluded and agreed to.

IV.I Pricing

  1. The Seller always lists the prices for the Goods available on the Online Store in Czech Koruna (CZK) which are inclusive of VAT. The price is always for the stated quantity of Goods (e.g. per kg, g, litre, package, piece etc). In the summary of the order for the Goods purchased, the Buyer only sees the expected price, which may vary depending on the exact weight of the specific purchased goods to be delivered to the Buyer.

  2. The Seller is obliged to deliver goods in the quantities requested by the customer and with a maximum quantity deviation of up to ± 15% of the quantity ordered, for goods that are priced by weight or volume. If the goods are delivered to the Buyer in amounts that exceed the maximum quantity deviation listed here, the Buyer is entitled to refuse delivery of those specific Goods, up to the maximum of the agreed deviation.

  3. The delivery price is provided separately in the order process and is therefore not included in the purchase price. The Buyer is informed of the specific costs of delivering the ordered Goods to the delivery address provided in the Order Summary, prior to submitting the Order. By completing and submitting the order, the Buyer also agrees to the price for the delivery of the goods.

  4. If the Seller does not provide a different packing price than is listed here, due to various factors related to the Order (e.g the size of the order, the Buyer’s previous purchase history, special coupons or promotions etc.), then the a ’Packing Price’ of 25 CZK / box is added to each order. If the order is delivered in multiple cardboard boxes, the deposit price is multiplied by the number of boxes delivered to the Buyer. If the Buyer, upon receipt of the goods, unloads their Goods and returns the box to the Seller, the price for the amount of cardboard boxes will not be charged to the Buyer (or refunded to them in the case of pre-payment for the Order).

  5. The final price of the Goods, including the cost of delivery and packing for the Goods, is provided to Buyers upon delivery, based on the specific Goods delivered – in cases where the price of an item is determined by weight or volume – and whether the ‘Packing Price’ is charged or the cardboard boxes are returned to the Seller by the Buyer (see 4.1(1) – 4.1(4) above).

  6. The resulting price for the goods, including delivery costs and packaging (hereinafter referred to as the “final price”), is payable:

    – when the goods are received – payment to be made by the Buyer in cash or a payment card to the person who delivered the goods,
    – in advance using online payment – payment can be made with a debit or credit card via an online payment gateway

  7. The provision of Section 2119 (1) of the CC, which states that the Buyer does not agree to pay the purchase price until he has had the opportunity to see the goods, does not apply to Purchase Orders under these GTC.

  8. On the Order Summary page, the Buyer, to whom the Seller has sent / provided a discount code, has the option of claiming a discount from the original order price, in the amount of the discount granted by the Seller and provided the discount code is used within the valid time period. The amount of the discount as well as the validity period of the discount code is made at the Seller’s discretion.

  9. Discount codes must be entered before reaching the “Order Confirmation” page of the Order process. Discount codes cannot be redeemed after completion and confirmation of the order by the Buyer.

  10. Discount codes can not be combined or used with any other discount or promotional offer (i.e. only one discount code per order can be applied).

IV.II Defective goods

  1. The Buyer acknowledges that fresh food goods are shipped to the Seller’s warehouses from different local farmers and foreign suppliers, and that the Seller can not be held responsible for any unforeseeable circumstances that related to these shipments that may affect the Buyers Purchase Order under the GTC.

  2. If such a circumstance occurs and will affect the delivery of the ordered Goods to the Buyer, the Seller is obliged to inform the Buyer by e-mail, telephone and / or other means of communication and, if possible, offer the Buyer the option to receive alternative goods instead (goods of a similar kind) on the original agreed delivery date.

  3. If the Buyer does not agree with the supply of alternative goods and / or the price of such alternative goods, both the Seller and the Buyer are entitled to withdraw from the Purchase Contract either in full or in part.

  4. Withdrawal shall be confirmed by written notice sent to the Buyer’s email address, as specified in the Buyer’s Order, or by written notice sent to Seller’s e-mail address, as specified in the final GTC. The Buyer has no right in this case to any legal claims against the Seller.

IV.III Delivery

  1. The Goods are delivered directly by the Seller only within the area comprising of the capital city of Prague and the surrounding area, and only to the delivery address specified in the Buyer’s order. If the Buyer’s order is to be shipped to an address that is outside of the Capital City of Prague and the surrounding area, the the Seller will deliver the ordered goods to the Buyer using the DPD delivery service.

  2. The Buyer verifies the possibility of delivering the goods to their desired delivery address, as well as how they will be delivered, (Directly by the Seller or via the DPD delivery service), by providing the post code for their delivery address, either when creating a new order or registering and setting up a new user account on the Seller’s website.

  3. The Seller is entitled to reject an order, in whole or part, that is submitted by the Buyer if the specified delivery address is outside of the Capital City of Prague or the surrounding area and/or contains goods that are not suitable for shipment using the DPD delivery service. In such cases the Seller is entitled to either fully withdraw from the Purchase Contract, or partially withdraw from the Purchase Contract with regards to the sale and delivery of specific items, without providing compensation to the Buyer. In both cases the Seller will inform the Buyer in a reasonable timely manner, using the contact details provided by the Buyer with their order. No further action is needed or required by either party in order for the the Seller’s withdraws to have effect.

  4. Goods in the form of food are delivered to the Seller in cardboard boxes (in the text of the GTC referred to as a “box”). The vendor offers for sale either box sets (the Buyer selects the type of box offered, in which the goods in the form of fruit and / or vegetables will be combined at the discretion of the Seller and the weights given for this type of box) or boxes whose content is determined by the Buyer from the goods assortment offered by the Seller. One box can accommodate goods with a total maximum weight of 12 kg inclusive.

  5. The Buyer is obliged to ensure the receipt (and payment of the full purchase price at the place of delivery or in advance) of the ordered goods himself or through another person, always within the time interval specified in the order. If it is necessary to change the period of time for the delivery of the goods, the Seller shall inform the Buyer in advance by e-mail, by telephone and / or by other means.

  6. If the Buyer does not receive the goods within the time specified in the order, or in a later agreed term between the contracting parties, the Seller is entitled to hand over the goods to the person at the delivery address, which is willing to take over the goods for the Buyer. If no presence is detected at the delivery point, the Seller will contact the Buyer to agree on the replacement date of delivery (considering that fresh food is rapidly deteriorating and delivery is delayed, the Seller does not guarantee 100% freshness of food products delivered at a later than was originally agreed in the Purchase Contract).

  7. In the event of a replacement delivery of the Goods to the Buyer, the Buyer is obliged to also pay the price of the original unsuccessful delivery of the Goods as well as the price of the replacement delivery of the goods. The Buyer does not pay the cost of the replacement delivery if the replacement service was a result of a fault made by the Seller.

  8. In the case of personal collection of goods by the Buyer to the Seller, the Buyer is obliged to collect the goods (and boxes) on the day and time specified in the order. Buyers have to take into account that fresh food is rapidly deteriorating and in cases of late collection the Seller cannot guarantee 100% freshness of food.

  9. The risk of damage to the item passes to the Buyer at the moment of receipt of the goods in the case of its acceptance on the date agreed in the order. In the event of unsuccessful attempts to deliver the goods to the Buyer on the date the goods were delivered, but the purchaser did not secure and / or refused to accept the goods (including in the case of personal pickup), the purchaser would be liable of causing damage to the item at this time.

  10. The Seller shall take all measures to ensure that the ordered goods are delivered to the Buyer in time. However, unforeseen issues related to transport, technical, weather and / or other events may occur, which may affect the agreed time of delivery. In this case, the Seller will make all reasonable efforts to contact the Buyer and make new arrangements for the delivery of the goods. For late deliveries that caused by, or related to actions of a third party that the Seller cannot influence, then the Seller does not bear any responsibility for the late delivery of the Goods.

V. Registration and user account 

  1. Buyers can access their ‘user account’ after completing the registration process for new Buyers on the website. From the user account, the Buyer can order the Goods offered for sale by the Seller and update their personal details and features. The web interface of the Seller’s internet store also allows the Purchase Contract to be concluded direct without registration.

  2. When registering on a website and ordering goods, the Buyer is required to provide all data correctly and accurately. If any of the details listed in the user account change, it is the responsibility of the Buyer to update them. Data provided by Buyers in the user account and when ordering Goods are considered by the Seller to be correct and the Seller is not liable for any actions taken as a result of incorrect information provided by the Buyer or that is not updated.

  3. Buyers can access their user account on the Seller’s website using the email address provided by the Buyer during the Registration process, with access secured by a password that will be sent to the Buyer registered email address upon completion of the registration process. The Buyer may change the password after signing in to his / her user account. If the Buyer forgets his / her password, he / she can request a new password, which will be sent to their registered email address, by clicking “Cannot remember the password?”

  4. The Buyer is not authorized to allow the use of their user account by third parties. The Buyer is responsible for any use of their user account, especially for any orders of Goods and Purchase Contracts made with their user account.

  5. The Seller reserves the right to terminate the Buyer’s registration and cancel its user account, especially if the Buyer violates his obligations under the Purchase Contract, including the provisions of the GTC (in particular the obligation to take delivery of the ordered goods, to pay in full the price of any Purchase Order, to confirm their order at the Seller’s request, etc.).

  6. The Buyer acknowledges that his user account may not be available to access at all times, especially with regards to periods required for the necessary maintenance of the hardware and software systems used by the Seller.

VI. 100% guarantee of quality and defective goods 

  1. The ‘organic’ or ‘bio’ quality of the fresh food offered for sale by the Seller is proven by the Seller with a valid bio certificate.

  2. The rights and obligations of the parties regarding defective performance are governed by applicable generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Consumer Protection Act and the Consumer Protection Act) and these GTC. If the GTC is not in conflict with generally binding legal regulations, GTC has priority over the provisions of generally binding legal regulations.

  3. On receipt of the goods from the Seller or delivery agent, the Buyer is obliged to check the integrity of the goods including the integrity of the packaging of the goods in the case of packaged goods and, in the event of any defects, immediately notify the Seller or delivery agent of such defects. In the event of finding a defect of the goods and / or a defect of the packaging indicating the damage to the goods, the Buyer of the goods shall not accept delivery of goods from the Seller or delivery agent.

  4. The Buyer is responsible for informing the Seller about their refusal of any delivery as a result of their right of defective performance, in a timely manner and in writing, using the Seller’s contact address specified in the final provisions of the GTC.
  5. In the case of a finding of damage to food goods, delivery of lesser amount of goods than the Buyer has paid, and / or if the Buyer finds other defects in the delivered foodstuff and the Buyer did not make use of the right to refuse delivery of the goods immediately upon receipt, then the Buyer is required to contact the Seller also by telephone or in writing via email to the Seller’s e-mail address as listed on the Seller’s website, no later than 12 (twelve) hours after the receipt of the Goods. The Buyer is also required to send a description of the defectives and photo evidence to the Seller’s e-mail address within the same time limit. If the Buyer does not comply with the complaint procedure specified in this paragraph, and the required photo evidence of the defective food item is not sent to the Seller, then the Seller will not recognize the Buyer’s claim as legitimate with regards to the defective nature of the goods.
  6. Eligible and acknowledged claims, i.e. claims made in accordance with the Civil Code and these GTC, are handled by the Seller at his discretion, either by supplying a new (or missing) goods within the terms agreed with the Buyer and / or by refunding the price paid by the Buyer for the defective goods.

VII. Website

VII.I Internet connection

  1. The Buyer acknowledges that his user account and / or Seller’s website may also not be available due to an interruption or faulty internet connection on the part of the Buyer, and that the Seller does not provide any such warranty or compensation for such issues that are the responsibility of the Buyer.
  2. The Seller reserves the right to restrict access to its website at any time and without prior notice, in particular for the maintenance and updating of the Website and systems. Such a limitation, however, does not affect any previously concluded Purchase Contracts and their fulfilment by the Seller.

VII.II  Information about the Seller’s website

  1. On the website, the Seller shall provide information about the goods, in particular the description of the character or the possibilities for using the goods, which will facilitate or make clearer to the Buyer about the appropriate preparation and consumption of the goods, in the case of any goods intended for consumption or with the possibility of using the goods for consumption. All pictorial presentations of fresh food items, their options, or the way they are consumed, that is located on the website is for informational purposes only. 
  2. The Buyer is authorised to disclose ideas and tips about the merchandise offered by the Seller via the Seller’s contact details posted on the Website.

VII.III Protection of intellectual property rights

  1. The owner and operator of the Website is MyFoodMarket, which is, in compliance with Act No. 121/2000 Coll., the Copyright Act, as amended, authorised to execute the property rights of the Website. MyFoodMarket has all copyrights to the content itself, including the visualisation and design of the Website, all representations on this Website as well as the databases of the Online Shop on the Website. 
  2. Everybody who visits the Website is a user of this Website (hereinafter referred to as a “User”) and is obligated to comply with the valid legal regulations and decisions of the state administration bodies, act in compliance with good morals and these GTC, not to damage the good reputation and not to infringe the rights of MyFoodMarket or the rights of the other Users when using this Website. 
  3. A User undertakes especially not to:– use the Website, both as a whole and individual components thereof, in any other way than for the User’ own personal use, i.e. a User will not especially copy, download and disseminate its content beyond what is required and reasonable for the User’s own personal use;
    – intervene in the use of the Website by other Users and prevent them from using the Website in any way;
    – intervene in the content or technical substance of the Website in any way without the approval of MyFoodMarket;
    intervene in the security of the Website;
    – use the Website to send spam messages and chain messages and send viruses or any unsafe or malicious programmes to this Website;
    – send messages containing viruses or any unsafe or malicious programmes to the Website; and
    – create fake messages to falsify the identity of any User or try to access the user accounts of any other User.

VII.IV Misuse of the Online Shop

  1. Any misuse of the Online Shop is forbidden. The following list provides a non-exhaustive or comprehensive list of actions that will be regarded as a misuse:

    – disseminate any content that is a nuisance, abusive, against human dignity, discriminating in terms of religion, creed, colour, race or sex or that propagates violence or any other unlawful conduct or a breach of the sector rules;
    – disseminate any content that endangers public order or legitimate interests of another Customer, User or MyFoodMarket;
    – gain unauthorised access to other computer systems;
    – interrupt the possibility of using the Website by another Customer;
    – infringe the rights concerning the use of a public electronic communication network;
    – disturb or interrupt any networks or web pages connected with the Website; and
    – create, disseminate or store electronic copies of documents and materials that are protected by copyright without the prior approval of their owner. 
  2. MyFoodMarket is entitled to delete any defective content from the Website and require a User who caused MyFoodMarket damage by misusing the Online Shop to settle the full amount of this damage and enforce the settlement of the full amount of the damage caused by this User. Damage means any damage caused to MyFoodMarket or damage that has been claimed in respect of MyFoodMarket by third persons that incurred damage as a result of the misuse of the Online Shop by the User. Damage means both direct damage and any necessarily expended costs and/or other expenses paid that are connected with the exercise of the right to claim for damages and the removal of the defective condition that has been caused by the misuse of the Online Shop. A financial fine that has been imposed on MyFoodMarket by the respective administrative body for a breach of the legal regulations as a result of the misuse of the Online Shop by the User is also regarded as damage.

VIII. Other rights and obligations of the Parties

  1. The Buyer acquires ownership of the goods by paying the full purchase price of the goods.

  2. The Seller is authorized to sell the goods on the basis of a trade license. The trade license is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection is responsible for, among other things, the supervision of compliance with the Consumer Protection Act.

  3. The Buyer thus takes on the risk of changing the circumstances in the sense Section 1765 (2) of the Civil Code.

IX. Privacy

  1. For the purpose of executing a Purchase Contract, MyFoodMarket will process personal data of the Customer in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing compliance under Directive 95/46/EC (“GDPR”) in the scope and in the manner stated in the Privacy Conditions.

X. Miscellaneous 

  1. These GTC regulate the conditions of purchase and sale of the Goods at the Online Shop and become an integral part of a Purchase Contract at the moment of conclusion of the Purchase Contract with the Customer.

  2. If any provision of these GTC is invalid or ineffective, or becomes such or will be found to be such, a provision with the meaning of which approximates to the invalid provision as much as possible will be used instead of such invalid provision. The validity and effect of the other provisions of these GTC are not prejudiced by the invalidity or ineffectiveness of one provision of these GTC.

  3. The GTC are governed by the Czech legal code and the courts competent to solve disputes in connection with the sale of the Goods at the Online Shop are the courts of the Czech Republic having local and subject-matter jurisdiction.

  4. In the case of a variance between the Czech version and the English version of the content of the GTC or the Website the Czech version is decisive.

  5. Any changes of and/or supplements to a Purchase Contract or these GTC are required to be in concluded in written form. Submission in writing is also required for the waiver of any right, or the waiver of any claim, according to or in connection with a Purchase Contract or these GTC.

  6. Contact details for the Seller – address for deliveries – Údolní 212/1, Praha 4, 147 00; address for complaints – Údolní 212/1, Praha 4, 147 00, e-mail address: info@freshbedynky.cz; telephone: 00420 739 544 488. In cases were MyFoodMarket does not exercise its full legal rights granted to MyFoodMarket as a result of an individual breach or repeated breach of the GTC, does not and should not be in any way regarded as the waiver of those right and this does not influence MyFoodMarket’s rights to enforce their legal rights at a future date. If MyFoodMarket excuses a breach of any provision of the GTC, this will not be understood ,or the basis for, an excuse of any future breaches of these provisions, or any other breaches of other provisions of the GTC.

  7. MyFoodMarket is not liable for a breach of these GTC in cases where this was caused by circumstances excluding liability. MyFoodMarket is entitled to change the GTC at any time and the new text of the GTC is effective at the moment when the GTC are published on the Website. A Customer who orders Goods through the Online Shop after a change of the GTC became effective is deemed to agree with the new text of the GTC. 
  8. In relation to a Customer, MyFoodMarket is not bound by any codes of conduct within the meaning of the provision of Section 1826 par. 1 letter e) of the Civil Code. 
  9. A Customer hereby takes over the risk of a change in the circumstances within the intention of Section 1765 par. 2 of the Civil Code. MyFoodMarket is entitled to terminate the sale of Goods at the Online Shop or the provision of the Service at any time. 
  10. The relevant Czech Trade Inspection Authority, with the registered office at Štěpánská 567/15, 120 00 Praha 2, Czech Republic; company reg. no.: 000 20 869; website: http://www.coi.cz, is competent to settle disputes of consumers arisen from a Purchase Contract out-of-court.

These General Terms and Conditions become effective on July 24, 2018