Terms and Conditions
General terms and conditions of the e-shop www.ingredieuropa.com
Introductory provisions
These general terms and conditions (hereinafter referred to as “GTC”) apply to purchases made by the buyer in the online shop www.ingredieuropa.com, operated by Ingredi Europa s.r.o., with registered office at Krajánkova 3176/2, Záběhlice, 141 00 Praha 4, VAT number: CZ28544668, ID number: 28544668, registered in the Commercial Register kept at the Municipal Court in Prague under file number C 149265 and the buyer (customer, consumer).
The Seller is Ingredi Europa s.r.o., with its registered office at Krajánkova 3176/2, Záběhlice, 141 00 Praha 4, VAT number: CZ28544668, ID number: 28544668, registered in the Commercial Register kept at the Municipal Court in Prague under file number C 149265 (hereinafter referred to as the “Seller”).
The postal address for delivery to the Seller is Krajánkova 3176/2, Záběhlice, 141 00 Praha 4. The Seller's electronic address is obchod@ingredieuropa.com. The Buyer is a consumer (whereby a consumer within the meaning of the Civil Code is any person who, outside the scope of his business activity or outside the scope of the independent exercise of his profession, concludes a contract with an entrepreneur or otherwise deals with him) or another person (hereinafter referred to as the “Buyer”).
The rights and obligations of the Seller and the Buyer are governed by these GTC (effective on the date of sending the order by the Buyer) and Czech law. Legal relations not expressly regulated by these GTC shall be governed by the relevant provisions of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “CC”), and other related regulations.
Origin of the contract
Delivery of the goods shall be made only on the basis of an order made by the Buyer through the order form according to the Seller's valid offer published on the Seller's website www.ingredieuropa.com. In accordance with the provisions of § 1740 paragraph 3 of the Civil Code, an order with an addition to or deviation from the Seller's offer is excluded.
Each order must contain at least the following essential information:
identification data of the buyer - his name, surname, residential address, e-mail address and telephone number;
identification of the goods according to the seller's offer;
the required quantity of goods;
the price of goods and transport;
the place of delivery; if the place of delivery is not specified, it shall be deemed to be the Buyer's home address;
choice of delivery method, including agreement to the cost of delivery;
If the order does not contain the required information, it is not considered a proper order and cannot be confirmed as sent by the buyer. In such case, the Seller shall contact the Buyer without undue delay by telephone or e-mail to rectify the defects in the order.
Errors in deliveries due to incorrect identification data are the responsibility of the purchaser.
Seller may refuse to register a new buyer for certain reasons (multiple registrations of one buyer, etc.). After processing the order, the Seller will send the Buyer an order confirmation by e-mail or fax as soon as possible, specifying the delivery date, payment and delivery terms.
There is no minimum order value.
The order is delivered to the Seller by means of electronic communication. By placing an order, the Buyer confirms that he/she has read these GTC and agrees to them. The Buyer is entitled to withdraw (cancel) the order within 24 hours of its dispatch by e-mail to obchod@ingredieuropa.com.
Upon receipt of the order, the Seller shall promptly (usually within 24 hours of receipt) confirm its receipt to the Buyer. Confirmation of receipt of the order is usually part of the confirmation of the order itself. The Seller is also entitled to confirm the order separately.
Upon delivery of the order to the Seller, a contract of sale (hereinafter also referred to as the “Contract”) is concluded between the parties. In doing so, the valid offer of goods published on the website www.ingredieuropa.com is made subject to the exhaustion of stocks or loss of the Seller's ability to perform.
The Seller is entitled not to confirm the order or part thereof and to withdraw from the contract or part thereof in the following cases:
the goods are damaged before dispatch;
the supplier's price of the goods has changed significantly;
there is some other relevant reason why the seller cannot fairly be required to confirm the order and perform the contract. In the event that this situation arises, the Seller shall contact the Buyer without undue delay to agree on a course of action. In the event that the Buyer has already paid part or all of the purchase price and the order has not been confirmed by the Seller, this amount shall be refunded to the Buyer within 30 days of notification of the impossibility of confirming the order.
Delivery of goods
The goods are delivered to the delivery point specified by the buyer in the order. The Buyer may choose a delivery point other than the one he/she has indicated as his/her home address. In this case, the Buyer shall indicate in the order form this place of delivery and the contact person authorized to receive the goods at this place. This place shall also be deemed to be the place for payment of the purchase price, unless otherwise paid. The goods are delivered only within the territory of the Czech Republic.
The Seller shall confirm the place and date of delivery to the Buyer in the order confirmation.
The usual delivery time for product delivery is 5 working days. If the goods are not in stock, the delivery time is up to 30 calendar days. The buyer will be notified of this deadline electronically within a reasonable time. After this period, a refund or cancellation of the order will be arranged with the customer. After this period has expired, a refund or cancellation of the order will be arranged with the customer.
The goods are delivered in the following ways:
via the contracted carrier/carrier;
through the postal licence holder (hereinafter also referred to as “the Post Office”).
If the Buyer is not present at the address of the delivery point, the carrier will leave a notice and will try (or: deliver the goods on the next working day) to arrange (e.g. by telephone or other appropriate means) with the Buyer another delivery date. If the goods are delivered by the postal licensee and the buyer is not present at the place of delivery, the delivery rules set by the postal licensee shall apply. The Buyer shall pay to the Seller, at the Seller's request, any extra costs associated with repeated attempts to deliver the goods.
The goods are delivered in normal packaging. Together with the ordered goods are supplied, if required by the nature of the ordered goods, operating instructions, technical specifications. Upon receipt of the goods, a PDF invoice with the requisites of a tax document is sent to the buyer by e-mail. The buyer or another person authorised by the buyer to take over the goods must confirm by his signature on the relevant document that the goods ordered have been duly taken over together with all the documents mentioned.
The risk of damage to the item passes to the buyer when the item is handed over to a third party (postal licence holder/carrier) for transport.
The order is fulfilled on the date of receipt of the goods by the buyer.
Ownership of the delivered goods passes from the Seller to the Buyer on the date of crediting the invoiced amount in full to the Seller's account.
Overview of possible delivery methods:
PPL
TNT
DHL
Overview of possible payment methods:
Cash on delivery
By transfer from the account
Proforma invoice
All shipping prices and payment methods are inclusive of VAT.
Price of goods and payment terms
The price of the goods is the price stated in the current offer of the seller at www.ingredieuropa.com valid on the date of sending the order by the buyer.
The prices of the products supplied are valid on the date of the order and are understood to be ex works Ingredi Europa. The prices are in CZK, unless otherwise agreed, and are exclusive of VAT. VAT is added to each price at the currently applicable rate. The basis for payment of the purchase price is the invoice (tax document), which the Seller is entitled to issue on the date of removal of the goods or performance.
Invoices (tax documents) are payable within 14 days from the date of issue, unless otherwise agreed. Payment shall be made in cash or by bank transfer. The date of payment shall be the date of receipt of cash or the date of crediting the Seller's account. In the event of late payment, the Seller shall be entitled to charge default interest at the rate of 0.05% of the amount due for each day of delay.
Registered customers are granted a discount for purchases in the online shop on the products offered in an agreed amount, which is determined on the basis of the volume of goods purchased. Any individual contract prices are possible after agreement between the buyer and the seller.
Payment of the purchase price is possible in the following ways:
cash on delivery of the ordered goods;
in cash to the seller's account with ČSOB, a.s. account number 296452486 / 0300, when sending the order.
According to the Sales Records Act, the seller is obliged to issue a receipt to the buyer. He is also obliged to register the received sales with the tax administrator online. In the event of a technical failure, then within 48 hours at the latest. The Seller issues receipts according to the Act on sales registration in electronic form sent by e-mail or in paper form depending on the chosen payment method and the chosen method of transport.
Payments of the purchase price made in cashless form shall be deemed to have been made at the moment of their crediting to the Seller's account. Payments agreed between the Seller and the Buyer to be made in cash shall be deemed to have been made at the moment of their execution to a person authorised by the Seller or to an employee of the postal licensee or an employee of the contractual carrier.
Withdrawal from the contract
The buyer is entitled to withdraw from the contract within 14 days from the date of receipt of the goods without giving any reason and without any penalty. The withdrawal period shall be deemed to have been observed if the Buyer sends the Buyer a notice of withdrawal during the withdrawal period. The buyer cannot withdraw from the contract under this provision in the cases specified in the relevant provisions of the Civil Code.
The Seller may withdraw from the contract if the Buyer is in default of payment of invoices or if he fails to collect the goods sent on delivery.
For the sake of conclusiveness of the withdrawal, the buyer is recommended to make the withdrawal from the contract to the seller in writing at the address of the seller's registered office Krajánkova 3176/2, Záběhlice, 141 00 Praha 4, or at the e-mail address obchod@ingredieuropa.com. The Buyer is recommended to provide in the withdrawal the data clearly identifying the relevant contract, preferably the number and date of the order, the date of receipt of the goods and the bank account number for the refund of the purchase price. However, it is possible to express the will to withdraw from the contract in other ways at the discretion of the buyer.
However, the provision of the law quoted in paragraph 1 cannot be understood as a possibility of free loan of goods. If the Buyer withdraws from the contract pursuant to paragraph 1, he shall send or hand over to the Seller without undue delay, but no later than fourteen days after withdrawal, everything that has been performed for him. If this is no longer possible (e.g. the goods have been destroyed in the meantime or the goods have been worn out by a buyer not acting in good faith or a buyer abusing the right of withdrawal), the buyer must provide the seller with a monetary compensation for the value of what can no longer be delivered. The seller is entitled to claim from the buyer compensation for what can no longer be delivered and to set off his claim against the claim for reimbursement of the purchase price. In such a case, the seller shall be obliged to prove the damage suffered.
If the buyer withdraws from the contract according to paragraph 1, he shall bear the costs of returning the goods.
If the buyer withdraws from the contract pursuant to paragraph 1, the seller shall reimburse him without undue delay, but no later than fourteen days after withdrawal from the contract, all monies, including delivery costs, received from him under the contract in the same manner. If the purchase price or part of it was paid in the form of a gift voucher, the seller shall refund the purchase price or part of it to the buyer by returning the gift voucher and, if this is not possible, by issuing a new gift voucher for the same amount. If the Buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller shall reimburse the Buyer for the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery offered. If the buyer withdraws from the contract of sale, the seller is not obliged to return the funds received to the buyer before the buyer has handed over the goods to the seller or proved that he has sent the goods to the seller.
The buyer shall be liable to the seller only for any diminution in the value of the goods resulting from handling the goods in a manner different from that required by their nature and characteristics.
However, the Buyer does not have the right to withdraw from the contract if this is expressly agreed between the parties and in the case of contracts:
for the provision of services, if the performance of the services has been commenced with his consent before the expiry of a period of 14 days from the acceptance of the performance;
for delivery of Goods or Services, the price of which depends on financial market fluctuations independent of the Seller's will;
for the delivery of Goods adapted to the Buyer's wishes or for the Buyer's person, as well as goods subject to perishability, wear and tear or obsolescence;
for the delivery of audio and video recordings and computer programs if the buyer has damaged their original packaging;
for the supply of newspapers, periodicals and magazines;
consisting of a game or lottery.
Liability for defects, claims
The seller's liability for defects in the goods delivered shall be governed by the applicable law as amended.
The Buyer shall inspect the goods as soon as possible after the risk of damage to the goods has passed and satisfy himself as to their characteristics and quantity. If the seller sends the goods, the buyer may postpone the inspection until the goods are delivered to their destination. The buyer is obliged to report any defect in the goods without undue delay after he has been able to discover it by timely inspection and due diligence.
Subsequent complaints regarding the type, quantity or damage to the goods during transport may not be taken into account. Acceptance of the goods shall be understood as their receipt from the seller, the postal licensee or the contractual carrier. Acceptance of the goods shall be confirmed by the buyer by signing the delivery (shipping) note or other relevant document. By his signature he also confirms that the goods have been delivered in good order. If the goods have any obvious defects at the time of acceptance or if the type of goods or the quantity of goods does not match, these facts must be noted on the delivery (shipping) note or other relevant document. If the goods are damaged, the buyer may refuse acceptance.
The Seller warrants its goods to the Customer for a period of 24 months from the date of sale of the goods. Goods found by the Seller to be defective shall be credited or replaced free of charge to the Customer against return of the relevant goods, in the form agreed in the purchase contract.
Liability for defects
The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took delivery of the goods:
the goods have the characteristics agreed between the parties and, in the absence of an agreement, such characteristics as the seller or manufacturer described or the buyer expected in view of the nature of the goods and on the basis of the advertising carried out by them;
the goods are fit for the purpose stated by the seller for their use or for which goods of that kind are usually used;
the goods correspond in quality or workmanship to the agreed sample or specimen, if the quality or workmanship was determined according to the agreed sample or specimen;
the goods in the appropriate quantity, measure or weight;
the goods comply with the legal requirements.
If the defect becomes apparent within twelve months of receipt, the goods shall be deemed to have been defective upon receipt.
RMA Complaints
The buyer is entitled to exercise the right to claim a defect that occurs in consumer goods within twenty-four months of receipt of the goods (if the period of time for which the goods may be used is indicated on the goods sold, on their packaging, in the instructions attached to the goods or in advertising in accordance with other legislation, the provisions on quality warranty apply - see article below).
Article 1 shall not apply:
wear and tear caused by normal use of the goods;
for goods sold at a lower price, the defect for which the lower price was agreed;
if it follows from the nature of the thing (goods).
If the Buyer so requests, the Seller shall confirm to the Buyer in writing the extent and duration of the Buyer's obligations in the event of defective performance. The seller shall have obligations for defective performance at least to the extent that the manufacturer's obligations for defective performance continue. In the confirmation he shall also state his name, registered office and identifying information and, where appropriate, any other information necessary to establish his identity. If the nature of the goods does not prevent it, such a certificate may be replaced by a proof of purchase containing the above information.
If the goods do not have the characteristics set out in article “Liability for defects” paragraph 1, the buyer may also demand the delivery of new goods without defects, unless this is unreasonable due to the nature of the defect, but if the defect relates only to a part of the goods, the buyer may only demand the replacement of the part if this is not possible, he may withdraw from the contract. However, if this is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without undue delay, the buyer is entitled to have the defect removed free of charge.
The buyer has the right to delivery of new goods or replacement of parts even in the case of a removable defect, if the goods cannot be used properly due to the recurrence of the defect after repair or due to a greater number of defects. In this case, the buyer also has the right to withdraw from the contract.
If the buyer does not withdraw from the contract or does not exercise the right to have new goods delivered without defects, to have parts of the goods replaced or to have the goods repaired, the buyer may demand a reasonable discount. The buyer is also entitled to a reasonable discount if the seller cannot deliver new goods without defects, replace a part of the goods or repair the goods, or if the seller fails to remedy the defect within a reasonable time or if the remedy would cause the consumer considerable difficulty.
The right of defective performance does not belong to the buyer if the buyer knew before taking over the goods that the goods have a defect or if the buyer himself caused the defect. Cases where the buyer himself caused the defect include, but are not limited to, cases where the defect is caused by:
use of the goods contrary to the instructions for use;
unauthorised repairs or alterations made to the goods;
impact, fall or other mechanical damage to the goods (e.g. scratches on the surface of the goods)
if the goods were damaged as a result of a breakdown of the equipment of which the goods were a part and the breakdown was not caused by a demonstrable defect in the goods;
if the goods have been tampered with, modified or repaired without the seller's consent;
if the goods have been used for other purposes for which the goods do not meet their technical parameters, have been excessively loaded, have been used in unsuitable operating conditions, etc.;
if the goods have been damaged due to incorrect or improper installation;
failure to follow generally applicable policies and procedures for the type of work involved;
if the goods have been damaged by improper handling or storage;
if the defects are due to other circumstances outside the company's control
If the goods have a defect for which the seller is liable and if the goods are sold at a lower price, the buyer is entitled to a reasonable discount instead of the right to exchange the goods.
If the Buyer exercises the right from the defective performance, the Seller shall confirm to the Buyer immediately, in complex cases within three (3) days after receipt of the claim in writing, when the Buyer exercised the right, as well as the method of repair and the duration of the repair. The moment when the Seller became aware of the claim shall be deemed to be the moment of the claim. The costs of transporting the goods to the claim shall be borne by the Seller in the case of an accepted claim, up to a maximum of an amount equal to the lowest amount for transport offered by the Seller.
Quality guarantee
By guaranteeing the quality, the seller undertakes that the goods will be fit for their usual purpose or retain their usual characteristics for a certain period of time. These effects include the indication of the guarantee period or the shelf life of the goods on the packaging or in the advertisement. A guarantee may also be given for an individual component of the goods.
If the contract and the declaration of warranty specify different warranty periods, the longest of the two shall apply. However, if the parties agree on a different warranty period than that indicated on the packaging as the period of use, the agreement of the parties shall prevail.
The warranty period starts when the goods are handed over to the buyer.
The buyer is not entitled to the warranty if the defect is caused by an external event after the risk of damage to the goods has passed to the buyer. This does not apply if the seller caused the defect.
Rights from defects and rights from the quality guarantee are claimed from the seller by mail at the address of the shop Krajánkova 3176/2, Záběhlice, 141 00 Praha 4, or by e-mail at obchod@ingredieuropa.com.
When making a claim, the buyer is obliged to clearly identify the relevant purchase contract (preferably stating: the number and date of the order, the date of receipt of the goods) and to prove that he/she is a person entitled to make a claim (preferably by providing proof of ownership of the goods - e.g. an invoice) and to provide a brief description of the defects, preferably with photo documentation.
The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what is the content of the claim and what method of handling the claim the Buyer requires, as well as a confirmation of the date and method of handling the claim, including confirmation of the repair and the duration of the repair, or a written justification of the rejection of the claim.
The Seller shall decide on the complaint immediately, in complex cases within three working days. This time limit does not include the time appropriate to the type of goods or services required for a professional assessment of the defect. The complaint, including the removal of the defect, must be settled without undue delay, at the latest within 30 days from the date of the complaint, unless the Seller and the Buyer agree on a longer period.
For the out-of-court settlement of consumer disputes, the Czech Trade Inspection Authority, IČO: 00020869, located at Štěpánská 567/15, 120 00 Prague 2, whose website can be found at www.coi.cz, is competent for the goods/services offered by us.
Other rights and obligations of the parties
By sending the order, the Buyer grants the Seller consent to the processing of all personal and other data filled in by the Buyer in the order (hereinafter referred to as “personal data”), including through the processor, which is Ingredi Europa s.r.o., with its registered office at Krajánkova 3176/2, Záběhlice, 141 00 Praha 4, Tax ID No.: CZ28544668, ID No.: 28544668, registered in the Commercial Register kept by the Municipal Court in Prague under file number C 149265 (hereinafter also referred to as the “Processor”).
Personal data will be processed for the business and marketing needs of Ingredi Europa s.r.o., including the offering of trade and services, as well as the sending of commercial communications, inter alia, by electronic means within the meaning of Act No. 480/2004 Coll., on certain information society services (in particular by e-mail and SMS messages).
Consent shall be granted for a period until the consent is withdrawn. The Buyer acknowledges that he/she has rights under Sections 11 and 21 of Act No. 101/2000 Coll., on the protection of personal data, i.e. in particular that the provision of personal data is voluntary and that he/she has the right to access personal data. Any data subject who discovers or believes that the controller or processor is carrying out processing of his or her personal data which is contrary to the protection of the private and personal life of the data subject or contrary to the law may a) request an explanation from the controller or processor, b) request that the controller or processor remedy the situation thus created, in particular, blocking, rectification, completion or destruction of the personal data.
The Seller declares that all personal data provided by the Buyer to the Seller will be treated as confidential and will be used only for the performance of the contract concluded with the Buyer and for other purposes specified in the preceding paragraph. The Seller shall not transfer the Buyer's personal data to any third party other than the Processor, except in situations where the transfer of personal data to a third party is necessary in connection with the distribution or payment of the ordered goods (communication of the name and delivery address).
The Buyer has the right to control and access his/her personal data by entering a password within his/her user account or by other means provided by law. The Buyer has the right to change and update his personal data by entering the password within his user account. If the Buyer so requests in writing, the Seller shall terminate the processing of the Buyer's personal data and destroy such personal data.
Amendment to the Consumer Protection Act
According to Section 14 of the Consumer Protection Act, the amendment to which came into force on 1 February 2016, we as a seller are obliged to inform in a clear and comprehensible manner about the out-of-court dispute resolution body that is competent in the matter. The Czech Trade Inspection Authority, ID No.: 00020869, located at Štěpánská 567/15, 120 00 Prague 2, whose website is located at www.coi.cz, is competent for the out-of-court settlement of consumer disputes for the goods/services offered by us.
Final provisions
If there are irremovable obstacles on the part of the Seller, which are not caused by the Seller, preventing the fulfilment of its obligations towards the Buyer, the Seller shall have the right to unilaterally withdraw from the contract in writing and shall be obliged to immediately refund the amount paid to the Buyer. The Seller shall not be liable to the Buyer for failure to perform its obligations under the concluded contract or for damage caused by such failure, if the failure to perform the obligations occurs due to unforeseen and unavoidable events that the Seller could not have prevented. The Seller shall not be liable to the Buyer for damages arising from contracts concluded by the Buyer with other parties, in particular for consequential and indirect damages.
The buyer declares that he has secured funds to pay the price for the goods in full. The Buyer is not entitled to assign any of its claims against the Seller to a third party. The Buyer is not entitled to unilaterally set off any of its obligations to the Seller against any of its claims against the Seller.
The law of the Czech Republic shall govern all provisions of the contract and any disputes arising from the contract and the courts of the Czech Republic shall have jurisdiction.
The contract between the Seller and the Buyer including these GTC is concluded in the Czech language.
Pursuant to the provisions of Section 1820 (1) (j) of the CC, the seller informs that the consumer may address an out-of-court complaint to the inspection body, which is the Czech Trade Inspection Authority. The Czech Trade Inspection Authority handles out-of-court complaints from consumers in the manner and under the conditions laid down in the relevant legislation.
The current version of these GTC is published on the Internet and a link to the full version (the Internet address where the full version can be obtained) is included in each order form/contract. By submitting an order, the buyer confirms his/her express, full and unconditional agreement to the current GTC. The Seller is entitled to unilaterally change the GTC at any time with effect from the date it determines, which date must not precede the date of publication of the new version on the Internet. If the contract contains a regulation of the rights and obligations of the parties that differs from the text of these GTC, the text of the contract shall prevail.
