GENERAL TERMS AND CONDITIONS
Cambodian s.r.o.
Company ID: 06687130
VAT ID: CZ06687130
Registered office: Žerotínova 1133/32, Žižkov (Prague 3), 130 00 Prague
Registered at the Municipal Court in Prague, Section C, Insert 286173
Contact details:
Email: eshop@pepperfield.com
Phone: +420 214 214 710
(hereinafter referred to as the “Seller”)
BASIC PROVISIONS
These general terms and conditions (hereinafter referred to as the “Terms and Conditions”) are issued according to § 1751 et seq. of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the “Civil Code”).
These terms and conditions govern the mutual rights and obligations of the Seller and a natural person who enters into a purchase contract outside their business activity as a consumer, or within their business activity (hereinafter referred to as the “Buyer”) via the web interface located on the website available at the internet address www.pepperfield.cz (hereinafter referred to as the “Online Store”).
The provisions of the terms and conditions are an integral part of the purchase contract. Different arrangements in the purchase contract take precedence over the provisions of these terms and conditions.
The terms and conditions do not apply to cases where a person intending to purchase goods from the Seller is a legal entity or a person acting when ordering goods within their business activity or within their independent performance of a profession.
These terms and conditions and the purchase contract are concluded in Czech language.
INFORMATION ABOUT GOODS AND PRICES
Information about the goods, including the prices of individual goods and their main properties, is provided with each item in the Internet store catalog. The prices of goods are listed including value-added tax and all related fees. The prices of goods remain valid for the period during which they are displayed in the online store. This provision does not exclude the conclusion of a purchase contract under individually agreed conditions.
All product presentations placed in the online store catalog are informative in nature and do not constitute an offer to conclude a contract in the sense of Section 1732 of the Civil Code. The offer to conclude a purchase contract is always made by the Buyer.
The online store publishes information about the costs associated with Package and the delivery of goods. The information about the costs associated with Package and the delivery of goods listed in the online store applies only in cases where the goods are delivered within the territory of the Czech Republic
Any discounts on the purchase price of goods cannot be combined unless the Seller and the Buyer agree otherwise.
ORDER AND CONCLUSION OF PURCHASE CONTRACT
The costs incurred by the Buyer when using remote communication means in connection with the conclusion of the purchase contract (internet connection costs, telephone call costs) are borne by the Buyer himself. These costs do not differ from the basic rate.
The Buyer places an order (offer) for goods in the following ways:
1. via their customer account, if they have previously registered in the Online Store,
2. by filling out the order form without registration.
When placing an order, the Buyer selects the goods, the number of goods, the method of payment, and delivery.
Before sending the order, the Buyer is allowed to check and change the information they have entered into the order. The Buyer sends the order to the Seller by clicking on the "Complete Order" button. The information provided in the order is considered correct by the Seller. The validity of the order is conditional upon the completion of all mandatory fields in the order form and the Buyer's confirmation that they have familiarized themselves with these terms and conditions.
Immediately after receiving the order, the Seller sends the Buyer confirmation of receipt of the order and acceptance of the offer to conclude the contract to the email address provided by the Buyer when ordering. This concludes the purchase contract. The confirmation includes the Seller's current terms and conditions. The purchase contract is concluded only after the Seller has accepted the order.
If the Seller cannot fulfill any of the requirements specified in the order, they will send the Buyer a modified offer to their email address. The modified offer is considered a new proposal for a purchase contract, and the purchase contract is concluded in such a case by the Buyer's confirmation of acceptance of this offer to the Seller's email address specified in these terms and conditions.
All orders accepted by the Seller are binding. The Buyer can cancel the order until the Buyer receives a notification of acceptance of the order by the Seller. The Buyer can cancel the order by phone at the Seller's phone number or email provided in these terms and conditions.
In the event of an obvious technical error on the part of the Seller in stating the price of goods in the Online Store, or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer at this obviously incorrect price, even if the Buyer has received an automatic confirmation of receipt of the order according to these Terms and Conditions. The Seller informs the Buyer of the error without undue delay and sends the Buyer a modified offer to their email address. The modified offer is considered a new proposal for a purchase contract, and the purchase contract is concluded in such a case by the Buyer's confirmation of acceptance to the Seller's email address.
By sending the order, the Buyer agrees to the use of remote communication means in concluding the purchase contract.
CUSTOMER ACCOUNT
Based on the Buyer's registration made in the Online Store, the Buyer can access their customer account. From their customer account, the Buyer can place orders for goods. The Buyer can also order goods without registration.
When registering for a customer account and when ordering goods, the Buyer is obliged to correctly and truthfully provide all information. The Buyer is obliged to update the information provided in the user account in case of any changes. The information provided by the Buyer in the customer account and when ordering goods is considered correct by the Seller.
Access to the customer account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their customer account. The Seller is not responsible for any misuse of the customer account by third parties.
The Buyer is not authorized to allow third parties to use the customer account.
The Seller may cancel the user account, especially if the Buyer has not used their user account for more than three (3) years, or if the Buyer violates their obligations from the purchase contract and these Terms and Conditions.
The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software equipment, or necessary maintenance of the hardware and software equipment of third parties.
PAYMENT TERMS AND DELIVERY OF GOODS
The price of goods and any costs associated with the delivery of goods according to the purchase contract can be paid by the Buyer in the following ways:
- cashless by payment card;
- cashless by transfer to the Seller's account via the payment gateway GoPay, PayPal, or Twisto, or via so-called "quick transfer" from a bank account;
- cash on delivery upon handing over the goods;
- in cash or by payment card when personally collecting at the establishment;
- in cash or by payment card when using a private carrier
- in cash or by payment card when personally collecting at a parcel pickup point in the Zásilkovna network.
Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with Package and the delivery of goods in the agreed amount. Unless explicitly stated otherwise, the purchase price is also understood to include the costs associated with the delivery of goods.
In the case of cash payment, the purchase price is payable upon receipt of the goods.
In the case of payment via a payment gateway, the Buyer follows the instructions of the relevant electronic payment provider.
In the case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller's bank account.
The Seller does not require any advance payment or similar payment from the Buyer in advance. Payment of the purchase price before sending the goods is not a deposit.
According to the Act on the Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, he is obliged to register the received revenue with the tax administrator online, and in case of a technical failure, no later than within 48 hours.
- The goods are delivered to the Buyer:
1. to the address specified by the Buyer in the order;
2. via a parcel pickup point to the address of the Zásilkovna pickup point specified by the Buyer;
3. by personal collection at the Seller's establishment;
If the payment is made cashlessly by payment card or transfer to the Seller's account, the goods will be sent only after the payment is received.
The costs of delivering the goods depending on the method of dispatch and receipt of the goods are specified in the Buyer's order and in the confirmation of the order by the Seller. If the method of transport is agreed upon based on a special request from the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.
If the Seller is obliged by the purchase contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery. If it is necessary to deliver the goods repeatedly or in another way than stated in the order due to reasons on the Buyer's side, the Buyer is obliged to pay the costs associated with repeated delivery of goods, or the costs associated with another method of delivery.
When taking over the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and in case of any defects, immediately report this to the carrier. In case of finding a breach of the packaging indicating unauthorized entry into the shipment, the Buyer does not have to accept the shipment from the carrier.
If it is necessary to deliver the goods repeatedly or in another way than stated in the Order due to reasons on the Buyer's side, the Buyer is obliged to pay the costs associated with repeated delivery of goods, or the costs associated with another method of delivery.
The Seller issues a tax document – an invoice to the Buyer. The tax document is sent either to the Buyer's email address or the tax document is attached to the delivered goods.
The Buyer acquires ownership rights to the goods by paying the full purchase price for the goods, including delivery costs, but not before taking over the goods. Responsibility for accidental destruction, damage, or loss of goods passes to the Buyer at the moment of taking over the goods or at the moment when the Buyer was obliged to take over the goods, but in contradiction with the purchase contract did not do so.
WITHDRAWAL FROM THE CONTRACT
The buyer has the right to withdraw from the purchase contract. The withdrawal period is 14 days:
1. from the day of receipt of the goods;
2. from the day of receipt of the last delivery of goods, if the contract involves several types of goods or delivery of several parts;
3. from the day of receipt of the first delivery of goods, if the contract involves regular repeated delivery of goods;
The buyer cannot withdraw from the purchase contract, among other things;
1. for the delivery of goods that have been modified according to the buyer's wishes or for their person;
2. for the delivery of goods that are subject to rapid spoilage, as well as goods that have been irreversibly mixed with other goods after delivery;
3. the delivery of goods in sealed packaging, which the buyer has removed from the packaging and for hygienic reasons cannot be returned;
4. in other cases specified in § 1837 of the Civil Code.
To comply with the withdrawal period, the buyer must send a statement of withdrawal no later than the last day of the withdrawal period.
To withdraw from the purchase contract, the buyer can use the sample withdrawal form. The buyer sends the withdrawal from the purchase contract to the seller's email or delivery address specified in these terms and conditions. The seller will immediately confirm receipt of the form to the buyer.
The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract. The buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by usual postal means due to their nature.
If the buyer withdraws from the contract, the seller will immediately return all financial means, including delivery costs, received from the buyer, in the same manner, no later than 14 days from the withdrawal from the contract. The seller will return the received financial means to the buyer in a different manner only if the buyer agrees and if it does not incur additional costs.
If the buyer chose a different delivery method than the cheapest one offered by the seller, the seller will return the delivery costs to the buyer in the amount corresponding to the cheapest offered delivery method.
If the buyer withdraws from the purchase contract, the seller is not obliged to return the received financial means to the buyer before the buyer hands over the goods or proves that they have sent the goods to the seller.
The goods must be returned by the buyer to the seller undamaged, unused, and unsoiled, and if possible, in the original packaging. The seller is entitled to unilaterally set off the claim for compensation for damage to the goods against the buyer's claim for a refund of the purchase price.
The seller is entitled to withdraw from the purchase contract due to stock depletion, unavailability of goods, or if the manufacturer, importer, or supplier of the goods has discontinued production or import of the goods. The seller will immediately inform the buyer via the email address provided in the order and will return all financial means, including delivery costs, received from the buyer under the contract within 14 days of the notification of withdrawal from the purchase contract, in the same manner, or as determined by the buyer.
If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by usual postal means due to their nature.
RIGHTS FROM DEFECTIVE PERFORMANCE
The Seller assures the Buyer that the goods are free from defects upon receipt. In particular, the Seller assures the Buyer that at the time the Buyer took over the goods:
1. the goods have the properties agreed upon by the parties, and if there is no agreement, they have the properties described by the Seller or the manufacturer or expected by the Buyer considering the nature of the goods and based on their advertising;
2. the goods are suitable for the purpose stated by the Seller for their use or for the purpose for which goods of this kind are usually used;
3. the goods correspond in quality or design to the agreed sample or model if the quality or design was determined according to the agreed sample or model;
4. the goods are in the corresponding quantity, measure, or weight; and
5. the goods comply with the legal requirements.
If a defect appears within six months of the Buyer's receipt of the goods, it is assumed that the goods were already defective at the time of receipt. The Buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt. This provision does not apply to goods sold at a lower price for a defect for which the lower price was agreed, for wear and tear of goods caused by their normal use, for used goods for a defect corresponding to the degree of use or wear the goods had at the time of receipt by the Buyer, or if it follows from the nature of the goods.
In the case of a defect, the Buyer can submit a complaint to the Seller and request:
1. replacement with new goods,
2. an appropriate discount on the purchase price,
3. withdrawal from the contract.
The Buyer has the right to withdraw from the contract,
1. if the goods have a substantial defect,
2. if the item cannot be properly used due to a recurring defect or defects after repair,
3. in the case of a larger number of defects in the goods.
The Seller is obliged to accept the complaint at any business premises where the acceptance of the complaint is possible, possibly also at the headquarters or place of business. The Seller is obliged to issue a written confirmation to the Buyer stating when the Buyer exercised the right, what the complaint contains, and what method of handling the complaint the Buyer requires, as well as confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint.
The Seller or an authorized employee will decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service needed for professional assessment of the defect. The complaint, including the removal of the defect, must be handled without undue delay, no later than 30 days from the date of the complaint, unless the Seller agrees with the Buyer on a longer period. The futile expiration of this period is considered a substantial breach of contract, and the Buyer has the right to withdraw from the purchase contract. The moment of the complaint is considered the moment when the expression of the Buyer's will (exercise of the right from defective performance) reaches the Seller.
The Seller will inform the Buyer of the result of the complaint in writing.
The right from defective performance does not belong to the Buyer if the Buyer knew before taking over the item that the item had a defect, or if the Buyer caused the defect themselves.
In the case of a justified complaint, the Buyer has the right to reimbursement of reasonably incurred costs associated with the complaint. The Buyer can exercise this right with the Seller within one month after the expiration of the warranty period.
The choice of complaint method belongs to the Buyer.
The rights and obligations of the contractual parties regarding rights from defective performance are governed by §§ 1914 to 1925, §§ 2099 to 2117, and §§ 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.
DELIVERY
The contracting parties may deliver all written correspondence to each other via electronic mail.
The Buyer delivers correspondence to the Seller at the email address specified in these terms and conditions. The Seller delivers correspondence to the Buyer at the email address specified in their customer account or in the order.
OUT-OF-COURT DISPUTE RESOLUTION
For out-of-court resolution of consumer disputes from the purchase contract, the Czech Trade Inspection Authority, located at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs, is competent. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr can be used for resolving disputes between the Seller and the Buyer from the purchase contract.
The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point according to Regulation of the European Parliament and Council (EU) No. 524/2013 of May 21, 2013, on the online resolution of consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
The Seller is entitled to sell goods based on a trade license. Trade control is carried out within its scope by the relevant trade office. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, to the defined extent.
CONCLUDING PROVISIONS
All agreements between the Seller and the Buyer are governed by the legal order of the Czech Republic. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the consumer's rights arising from generally binding legal regulations.
The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of § 1826 paragraph 1 letter e) of the Civil Code.
All rights to the Seller's website, especially copyright to the content, including the layout of the page, photos, films, graphics, trademarks, logos, and other content and elements, belong to the Seller. It is prohibited to copy, modify, or otherwise use the website or its parts without the Seller's consent.
The Seller is not responsible for errors caused by third-party interventions in the online store or by its use in a manner contrary to its purpose. The Buyer must not use procedures when using the online store that could negatively affect its operation and must not perform any activity that could allow them or third parties to unauthorizedly interfere with or use the software or other components forming the online store and use the online store or its parts or software in a way that is contrary to its purpose or intent.
The Buyer hereby assumes the risk of change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
The purchase contract, including the terms and conditions, is archived by the Seller in electronic form and is not accessible.
The Seller may change or supplement the wording of the terms and conditions. This provision does not affect rights and obligations arising during the validity of the previous wording of the terms and conditions.
An attachment to the terms and conditions is a sample form for withdrawal from the contract.
These terms and conditions take effect on November 1, 2023
According to the Act on the Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, they are obliged to register the received revenue with the tax administrator online; in the event of a technical failure, then no later than 48 hours.
