Terms and Conditions

 

Terms and Conditions

General Terms and Conditions (GTC) General Terms and Conditions (hereinafter referred to as “GTC”) of the portal www. Sabilco.cz developed, registered and operated by Sabilco s.r.o., MD, IČ: 10667377, with its registered office at Patočkova 2472/81a, Břevnov, 169 00 Praha 6, (hereinafter referred to as “Sabilco.cz”) for the purchase of goods and / or services on the Internet portal www. sabilco.cz.

1– Introductory provisions – service (s) – description, changes in business conditions

1.1 These GTC of Sabilco.cz regulate in particular the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a contract for the time-limited purchase of goods and / or use of Sabilco.cz services (hereinafter the “Agreement”) concluded between Sabilco.cz and the buyer. (hereinafter referred to as the “Customer”) who purchases or intends to purchase through Sabilco.cz the service and / or goods offered on the above-mentioned internet portal via the www.sabilco.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). Purchase of goods for business purposes, e.g. for the purpose of its further direct sale, is not possible on the internet portal www.sabilco.cz

1.3 Provisions deviating from the GTC can be modified in the offer of goods and / or services sabilco.cz promoted on the internet portal www.sabilco.cz. Such possible deviating arrangements take precedence over these GTC.

1.4 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 and after its conclusion Sabilco.cz is archived and is not accessible to the Customer.

1.5 Sabilco.cz 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. Sabilco s.r.o. informs the Customers about the change of the GTC on the internet portal www.sabilco.cz, or in another suitable way so that the Customer can get acquainted with the current wording of the GTC without unreasonable difficulties.

2– Conclusion of an Agreement between Sabilco.cz and the customer

2.1 These GTC of Sabilco.cz regulate in particular the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a contract for the time-limited purchase of goods and / or use of Sabilco.cz services (hereinafter the “Agreement”) concluded between Sabilco.cz and the buyer. (hereinafter referred to as the “Customer”) who purchases or intends to purchase through Sabilco.cz the service and / or goods offered on the above-mentioned internet portal via the www.sabilco.cz portal.

2.2 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). Purchase of goods for business purposes, e.g. for the purpose of its further direct sale, is not possible on the internet portal www.sabilco.cz

2.3 Provisions deviating from the GTC can be modified in the offer of goods and / or services sabilco.cz promoted on the internet portal www.sabilco.cz. Such possible deviating arrangements take precedence over these GTC.

2.4 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 and after its conclusion Sabilco.cz is archived and is not accessible to the Customer.

2.5 Sabilco.cz 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. Sabilco s.r.o. informs the Customers about the change of the GTC on the internet portal www.sabilco.cz, or in another suitable way so that the Customer can get acquainted with the current wording of the GTC without unreasonable difficulties.

3– Conclusion of an Agreement between Sabilco.cz and the customer

3.1 The www.sabilco.cz portal promotes the service (s) and / or goods, including the value of the service (s) and / or goods offered. The prices of the offered goods and / or services / eb are stated including value added tax.

3.2 The possibility of concluding a contract for goods and / or services / eb of the sabilco.cz portal under favorable conditions and the stated price (in the case of loyalty and other promotions) remains valid for the period specified on the internet portal www.sabilco.cz and provided that the conditions in a specific offer on the internet portal www.sabilco.cz.

3.3 The goods and / or services ordered by the customer on the internet portal www.sabilco.cz are hereinafter referred to as “Purchase” for the purposes of concluding the contract and exercising the rights and obligations under the contract, as well as for the purposes of these GBTC.

3.4 The customer is especially aware of the following obligations towards sabilco.cz and therefore guarantees the following:

  • is fully independent, in particular with regard to his age, or is represented by a legal representative,
  • if he is less than 18 years old, he will not order on the internet portal www.sabilco.cz such goods and / or services for which the condition for use is a minimum age of 18 years,
  • all data provided by sabilco.cz are true, complete, accurate and correct,
  • by paying the price for the Purchase, it does not circumvent or violate the rights of third parties and is entitled to use the financial resources used to pay for the Purchase,
  • has thoroughly read these GTC before using the internet portal www.sabilco.cz, that he understands them and agrees with them,

3.5 To conclude the Contract, the Customer shall select the required quantity of goods and / or services offered and the address to which the Purchase will be delivered to him, and shall provide information relevant to the delivery of the ordered goods (hereinafter referred to as the “Order”). 

3.6 Before sending the Order, the Customer is allowed to check and change the data he has entered in the Order, even with regard to the Customer’s ability to detect and correct errors made when entering data into the Order. The Customer will send the order to sabilco.cz by clicking on the “Confirm order” button. The data stated in the Order are considered correct by sending it. Immediately after receiving the Order, Sabilco.cz will confirm to the Customer that it has received the Order, to the e-mail address specified by the Customer in the Order.

3.7 Depending on the nature of the Customer’s Order, Sabilco.cz is always entitled to request additional confirmation of the Order (for example in writing or by telephone).

3.8 The purchase contract between Sabilco.cz and the Customer is created by handing over the goods from the Order to the Customer or his representative. In addition to the Customer or his representative, the goods may also be taken over on behalf of the Customer by a natural person over 18 years of age who resides in the apartment or other premises at the Customer’s address and who credibly proves his identity to the person who hands over the goods to the Customer on Sabilco.cz.

3.9 In order to conclude a purchase contract, the Customer will never require 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 right to withdraw from the Contract or cancel the Order or parts thereof (see below) at the time of delivery of the goods and thus not to remove certain goods (the Contract is concluded only upon receipt of the goods), the tax document would have to be corrected on the spot it is not technically and temporally possible to hand over the goods. For this reason, the Customer will only be given a delivery note with a list of purchased goods and their price. The tax document can be downloaded from the Customer’s profile on the internet portal www.sabilco.cz.

3.10 Sabilco.cz is entitled to check the age limit of the Customer by looking at his identity card. If the required age limit of the Customer is not proven, Sabilco.cz is entitled to refuse to conclude the Contract and demand reimbursement of wasted costs in connection with the Order.

3.11 The Customer acknowledges that Sabilco.cz is not obliged to enter into the Agreement, in particular with persons who have previously materially breached the Agreement (including the GTC) and / or the conditions of use of the internet portal www.sabilco.cz.

3.12 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.

4– Order Change and Cancellation

4.1 The order is binding for the Customer from the moment of its completion by the internet portal www.sabilco.cz, its change is possible only if Sabilco.cz calls the Customer by phone with the fact that the ordered goods are no longer in stock. Cancellation Orders are possible via the internet portal www.sabilco.cz no later than 20:00. the day preceding the day of delivery of the goods. On the day of delivery, the Customer may change (and only with the express consent of Sabilco.cz) only the time of delivery or the delivery address. From the moment the goods are already shipped to the Customer, it is not possible to cancel the Order or change the address or time of delivery.

4.2 The Customer is obliged to state the Order number, the Order date and the account number for the refund of the Purchase price in the change and cancellation of the Order.

4.3 In case of cancellation of the Order according to the above, the already paid deposit of the Purchase will be transferred to the Customer’s account specified in the cancellation of the Order (if the cancellation does not contain such information, then to the account from which payment was made to pay the purchase price) and if Sabilco.cz goods has already been shipped, the Customer is obliged to pay a cancellation fee in the amount of the purchase price of the goods from the Order, for the payment of which Sabilco.cz is entitled to set off the corresponding part of the purchase price.

5– Security

5.1 During registration, the Customer is asked to create an access password to his customer account. The customer is obliged to keep this password secret and not share it with other people. The customer is fully responsible for all actions that are made from his account.

5.2 The customer is obliged to inform Sabilco.cz without undue delay if he has any suspicion of misuse or disclosure of his password to a third party. In the event of a justified fear that the Service is being or may be misused, Sabilco.cz is entitled to block the Customer’s account or request him to change his password. Sabilco.cz is not liable to the Customer for damages incurred as a result of disclosure or misuse of his password.

6– Withdrawal from the Contract and claims for goods

v The Customer is obliged to immediately check the delivered goods from the Order and to immediately report the detected deficiencies to Sabilco.cz for confirmation of delivery of the goods. If the goods (especially food) when handed over to the Customer will show defects, as a result of which it will not be possible to use it for its purpose (for obvious reasons, such as expired purpose of use), will return the goods immediately to the relevant person who handed them over to him on behalf of Sabilco.cz. The customer agrees that, given the nature of the goods, the fact that he did not complain about obvious defects in the goods when they were handed over (eg food or damage to the protective packaging) need not be taken into account.

6.2 Withdrawal from the Contract. In accordance with the provisions of Section 1829 of Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter the “Civil Code”), the Customer has the right to withdraw from the Contract within 14 days of receipt of the goods. In the event of withdrawal from the Contract, the Customer is obliged to immediately hand over the goods to the person who handed them over to Sabilco.cz and if this is not possible, he is obliged to notify Sabilco.cz of withdrawal from the Contract by phone or via the internet portal www.sabilco.cz and the defect and then agree by phone or e-mail to resolve the relevant complaint (withdrawal from the contract). In the event of withdrawal from the contract, the Customer bears the costs associated with the return of goods, if these goods can not be returned due to their nature by regular mail.

6.3 If the Customer withdraws from the contract, Sabilco.cz will return to him without undue delay, no later than fourteen days from the withdrawal from the contract, all funds, including delivery costs, which he received from him under the contract, in the same way. Sabilco.cz 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 a method of delivery of goods other than the one offered by Sabilco.cz, Sabilco.cz will return to the Customer the costs of delivery of goods in the amount corresponding to the cheapest offered method of delivery of goods. Sabilco.cz will reimburse the Customer for the costs associated with the return of goods, if it has not notified the Customer of the obligation to bear these costs in accordance with the provisions of § 1820 par. 1 letter g). If the Customer withdraws from the purchase contract, Sabilco.cz 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 Sabilco.cz. Sabilco.cz will take over the goods from the Customer in his household at his own expense, if the Customer withdraws from the contract concluded outside the usual business for Sabilco.cz, the goods were delivered to the Customer’s household at the time of concluding the contract and the nature of the goods does not allow it to be sent by regular mail.

6.4 The customer is responsible for the reduction in the value of the goods, which arose as a result of handling these goods differently than it is necessary to handle them with regard to their nature and properties.

6.5 In accordance with the provisions of § 1837 letter e), g) of the Civil Code, withdrawal from the Contract is not possible for goods (foodstuffs) subject to rapid destruction (eg fruit, vegetables or foodstuffs of animal origin, or in the case of goods (eg foodstuffs) which cannot be reused for hygienic reasons, or in the case of goods already in use (eg foodstuffs). if the Customer damages the protective packaging of the goods or if it breaks the safety seal or if other contamination of the goods (eg food) may occur. With regard to compliance with hygiene standards and these GTC, the Customer agrees that Sabilco.cz is entitled in case of any suspicion of their violation by the Customer to refuse to withdraw from the Contract and send 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), Sabilco.cz is entitled to dispose of the goods immediately.

7– Purchase Price and Payment Terms

7.1 The Purchase Price and any other costs under the Agreement shall be paid in the form described on the Sabilco.cz portal upon completion.

7.2 The Purchase Price is payable upon delivery of the goods from the Order.

7.3 Sabilco.cz will issue a tax document to the Customer without undue delay after payment of the price and handing over the Purchase to the Customer’s e-mail address or to download on his profile on the internet portal www.sabilco.cz.

7.4 the price of the goods does not include the price for the service of delivery of goods to the place specified in the Order. The amount of the current price for the delivery of goods to the place specified on the day when the Order of Goods was made is listed on the website information on deliveries and prices

7.5 Any other change will always be notified to the Customer in advance when creating the Order and may depend on the required time of delivery of the goods.

8– Liability and warranties

8.1 Sabilco.cz is liable to the Customer for defects in services and / or goods to the extent specified by generally binding legal regulations. Sabilco.cz thus responds to the Customer that the service / goods are free of defects upon receipt. If the defect becomes apparent within six months of receipt, the service / goods are deemed to have been defective at the time of receipt.

8.2 In accordance with the provisions of § 2165 par. 1 of the Civil Code, the Customer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months from its receipt. This does not apply in the case of goods sold at a lower price for a defect for which a lower price was agreed, in the case of wear and tear of the goods caused by its normal use, in the case of used goods for a defect corresponding to the degree of use or wear The customer, or if it follows from the nature of the goods.

8.3 If the goods do not have the properties specified in the provisions of § 2161 of the Civil Code, the Customer may also request delivery of new goods without defects, if this is not disproportionate due to the nature of the defect, but if the defect concerns only part of the goods, the Customer may only request replacement of the part; if this is not possible, he may withdraw from the contract. However, if it is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the Customer has the right to free removal of the defect. The Customer has the right to deliver new goods or replace parts even in the case of a remediable defect, if he cannot use the goods properly due to the recurrence of the defect after repair or due to a larger number of defects. In such a case, the Customer also has the right to withdraw from the contract. If the Customer does not withdraw from the contract or does not exercise the right to deliver new goods without defects, to replace its components or to repair the goods, he may request a reasonable discount. The Customer has the right to a reasonable discount even if Sabilco.cz cannot deliver new goods without defects, replace its part or repair the goods, as well as if Sabilco.cz does not arrange a remedy within a reasonable time or if arranging a remedy would work for the Customer. considerable difficulties. The right from defective performance does not belong to the Customer, if the Customer knew before taking over the goods that the goods have a defect, or if the Customer himself caused the defect. If the goods have a defect from which Sabilco.cz is obliged, and if the goods are sold at a lower price or a used item, the Customer has the right to a reasonable discount instead of the right to exchange the goods. Defective rights apply to Sabilco.cz, from which the goods were purchased. If the Customer exercises the right from the defective performance, Sabilco.cz will confirm to him in writing when he exercised the right, as well as the execution of the repair and its duration.

8.4 Sabilco.cz shall not be liable for any damage or any other consequences incurred by the Customer on the basis of or in connection with the Customer’s actions or circumstances on the part of the Customer.

8.5 The customer agrees that Sabilco.cz is not responsible for the smooth, uninterrupted and error-free and safe operation of the internet portal www.sabilco.cz. Sabilco.cz is not responsible for advertising or promotion carried out by any third party through the internet portal www.sabilco.cz or for errors caused by third party interventions in the internet portal www.sabilco.cz or as a result of its use contrary to its purpose.

8.6 The availability of goods is tied to stocks and Sabilco.cz does not guarantee the availability of goods. In the event that it will not be possible to process the Order for any reason on the part of Sabilco.cz, the Customer will be informed via the Sabilco.cz customer line or via e-mail, which the Customer will state in the Order as a contact.

9 – Protection of intellectual property rights, misuse of the service, availability of the service, other rights and obligations of the contracting parties

9.1 The Customer acknowledges that the software and other components forming the Internet portal www.sabilco.cz (including photographs of promoted services and / or goods) are protected by copyright. The customer undertakes to use the internet portal www.sabilco.cz exclusively for his own needs and not to perform any activity that could allow him or third parties to unauthorisedly interfere with or unauthorisedly use (eg store, modify, distribute) software or other components forming the internet portal www.sabilco.cz.

9.2 Access and use of the internet portal www.sabilco.cz by the Customer in accordance with the GBTC is free of charge.

9.3 The customer is not entitled to use mechanisms, software or other procedures in the internet portal www.sabilco.cz that could have a negative effect on the operation of the internet portal www.sabilco.cz. The Internet portal www.sabilco.cz may only be used to the extent that is not to the detriment of the rights of other Sabilco.cz customers and which is in accordance with its purpose.

9.4 The customer uses the internet portal www.sabilco.cz at his own risk and agrees that the photos on the internet portal www.sabilco.cz are only illustrative.

9.5 Sabilco.cz is not liable for any damages incurred in connection with the use of services, use of information or downloading of data published on the Internet portal www.sabilco.cz, ie. for errors, omissions, interruptions, failures, delays, computer viruses, loss of profit or loss of data of the Customer or other third parties using the Internet portal www.sabilco.cz, unauthorized access to the transmission and data of these persons, changes to such data, as well as other material and intangible losses.

9.6 All information published on the internet portal www.sabilco.cz is presented to the best of Sabilco.cz’s knowledge and conscience, which is not responsible for its completeness or technical accuracy. Sabilco.cz also disclaims all warranties that the material listed on the internet portal www.sabilco.cz is harmless.

9.7 Sabilco.cz reserves the right to restrict or terminate the access of the Customer or another third party to the internet portal www.sabilco.cz at any time.

9.8 Sabilco.cz 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 Coll., the Civil Code.

10– Protection of personal data and consent to processing

10.1 How Sabilco.cz processes the Customer’s personal data is described in the section Protection of personal data of customers. The customer acknowledges that he is obliged to state his personal data correctly and truthfully and that he is obliged to inform Sabilco.cz without undue delay about a change in his personal data.

11– Delivery and acceptance

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 through a postal service provider, the item is also considered delivered after the expiry of ten (10) days from the deposit of the item and giving the addressee an invitation to take over the deposited item, if the item is deposited with the postal service provider, even if the addressee did not learn of the deposit.

12 – Final provisions

12.1 If the relationship related to the use of the internet portal www.sabilco.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 legal dispute between the Customer and Sabilco.cz/, the operator of the www.sabilco.cz portal, the court with territorial jurisdiction is the court according to the registered office of the www.sabilco.cz portal operator.

12.2 In the event of a dispute between the Customer and Sabilco.cz/operator of the www.sabilco.cz portal, the Customer may also use the possibility of out-of-court dispute resolution. In such a case, the Customer may contact the entity for 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 Sabilco.cz 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 Inspection 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 shall 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.

13– Contact details of customer support:

Internet portal / e-shop: www.sabilco.cz

Email: kontakt@sabilco.cz

Registered seat: Patočkova 2472/81a, Břevnov, 169 00 Praha.

Customer telephone line: +420 774 800 447

Any questions, suggestions, comments or complaints can be resolved at info@sabilco.cz. If they cannot be resolved, they can turn to the state supervisory authorities and the court.

The stated General Terms and Conditions take effect by changing the original general terms and conditions of the Sabilco.cz project, on

 

These business conditions take effect on ... 1. 07. 2020