GENERAL TERMS AND CONDITIONS

Cambodian s.r.o.Company ID (IČ):06687130
VAT ID (DIČ):CZ06687130
Registered office:Žerotínova 1133/32, Žižkov (Prague 3), 130 00 Prague, Czech Republic
Registered with:Municipal Court in Prague, Section C, Insert 286173
Contact details:Email:eshop@pepperfield.comPhone: +420 214 214 710
Website:www.pepperfield.cz(hereinafter referred to as the "Seller")

BASIC PROVISIONS

These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) are issued in accordance with Section 1751 et seq. of Act No. 89/2012 Coll., the 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 concludes a purchase agreement outside the scope of their business activity as a consumer, or within the scope of their business activity (hereinafter referred to as the “Buyer”), through the web interface located on the website available at www.pepperfield.cz (hereinafter referred to as the “Online Store”).

The provisions of these Terms and Conditions form an integral part of the purchase agreement. Any deviating provisions in the purchase agreement shall take precedence over the provisions of these Terms and Conditions.

These 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 within the scope of their business activity or their independent professional practice when ordering goods.

These Terms and the purchase agreement are concluded in the Czech language.

INFORMATION ABOUT GOODS AND PRICES

Information about the goods, including the prices of individual items and their main characteristics, is provided for each product in the Online Store catalog. The prices of the goods are listed including value-added tax and all related fees. The prices remain valid for as long as they are displayed in the Online Store. This provision does not prevent the conclusion of a purchase agreement under individually agreed terms.

All product presentations in the Online Store catalog are for informational purposes only and do not constitute an offer to conclude a contract within the meaning of Section 1732 of the Civil Code. The offer to conclude a purchase agreement is always made by the Buyer.

The Online Store provides information on the costs associated with packaging and delivery of goods. The packaging and delivery costs listed in the Online Store apply 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 otherwise agreed between the Seller and the Buyer.

ORDER AND CONCLUSION OF THE PURCHASE CONTRACT

The Buyer shall bear any costs incurred when using means of distance communication in connection with concluding the purchase agreement (e.g., internet connection costs, phone call charges). These costs do not differ from the basic rates.

The Buyer may place an order (offer to purchase goods) in the following ways:

  1. via their customer account, if the Buyer has previously registered in the Online Store,
  2. by completing the order form without registration.

When placing an order, the Buyer selects the goods, the quantity, the method of payment, and delivery. Before submitting the order, the Buyer has the opportunity to check and amend the information entered. The order is submitted to the Seller by clicking the "Complete Order" button. The data provided in the order is considered correct by the Seller. The order is valid only if all required fields are completed and the Buyer confirms that they have read and agreed to these Terms and Conditions.

Immediately upon receiving the order, the Seller shall send the Buyer a confirmation of receipt and acceptance of the offer to conclude a contract to the email address provided by the Buyer. This confirmation constitutes the conclusion of the purchase agreement. The confirmation email shall include the current version of the Seller’s Terms and Conditions. The purchase agreement is concluded upon the Seller’s acceptance of the order.

If the Seller is unable to fulfill any of the requirements stated in the order, they will send a modified offer to the Buyer’s email address. This modified offer shall be considered a new proposal for the purchase agreement, and the contract is concluded upon the Buyer’s acceptance of this modified offer, sent to the Seller’s email address as provided in these Terms and Conditions.

All orders received by the Seller are binding. The Buyer may cancel an order until the moment they receive confirmation of acceptance from the Seller. The order may be canceled by phone or email using the contact details provided in these Terms and Conditions.

In the event of an obvious technical error on the part of the Seller in listing the price of goods on the Online Store or during the ordering process, the Seller is not obliged to deliver the goods at the clearly incorrect price, even if an automatic confirmation of receipt has been sent to the Buyer as per these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and send a revised offer to the Buyer’s email address. This revised offer is considered a new proposal for the purchase agreement and the contract is concluded upon the Buyer’s acceptance sent to the Seller’s email address.

By submitting an order, the Buyer agrees to the use of distance communication in concluding the purchase agreement.

CUSTOMER ACCOUNT

Based on the Buyer’s registration in the Online Store, the Buyer can access their customer account. Orders can be placed through the customer account. The Buyer also has the option to place orders without registering.

When registering a customer account and when placing an order, the Buyer is obligated to provide accurate and truthful information. The Buyer is responsible for updating the data in their customer account whenever any changes occur. The information provided by the Buyer in the customer account and when placing an order is considered accurate by the Seller.

Access to the customer account is secured with a username and password. The Buyer is obligated to maintain confidentiality regarding the information required to access their customer account. The Seller is not liable for any misuse of the customer account by third parties.

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

The Seller may cancel the Buyer’s customer account, particularly if the Buyer has not used their account for more than three (3) years, or if the Buyer breaches their obligations under the purchase agreement or these Terms and Conditions.

The Buyer acknowledges that the customer account may not be available at all times, particularly due to necessary maintenance of the Seller’s hardware and software, or maintenance of third-party hardware and software.

PAYMENT TERMS AND DELIVERY OF GOODS

The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase agreement using the following methods:

  • cashless payment by credit/debit card;
  • cashless bank transfer to the Seller’s account via GoPay, PayPal, or Twisto, or via an instant bank transfer;
  • cash on delivery at the time of handing over the goods;
  • in cash or by card upon personal pickup at the Seller’s premises;
  • in cash or by card when using a private courier service;
  • in cash or by card upon personal pickup at a Zásilkovna pick-up point.

Together with the purchase price, the Buyer is obliged to pay the Seller the agreed packaging and delivery costs. Unless explicitly stated otherwise, the purchase price also includes delivery charges.

In case of payment in cash, the purchase price is due upon receipt of the goods.
In case of payment via a payment gateway, the Buyer shall follow the instructions of the relevant electronic payment provider.
For cashless payments, the Buyer's obligation to pay the purchase price is fulfilled when the respective amount is credited to the Seller’s bank account.

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

Under the Czech Act on the Registration of Sales, the Seller is required to issue the Buyer a receipt and to register the received payment with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.

Goods are delivered to the Buyer in one of the following ways:

  1. to the address specified by the Buyer in the order;
  2. to a Zásilkovna pick-up point specified by the Buyer;
  3. via personal collection at the Seller’s premises.

In the case of payment by card or bank transfer, the goods will be dispatched only after the payment has been received.

The delivery costs, depending on the chosen method of shipping and pickup, are specified in the Buyer’s order and in the Seller’s order confirmation. If the delivery method is arranged based on the Buyer’s special request, the Buyer bears the risk and any additional costs associated with that method of delivery.

If the Seller is obliged to deliver the goods to a location specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon arrival. If the goods must be delivered repeatedly or by another method due to reasons on the Buyer’s side, the Buyer shall cover the costs of such repeated delivery or alternative delivery method.

When receiving the goods from the carrier, the Buyer is obliged to check the integrity of the packaging and report any defects immediately to the carrier. If the packaging appears to be damaged due to unauthorized interference, the Buyer is not obliged to accept the shipment from the carrier.

If goods must be delivered repeatedly or by a method different from that specified in the order due to reasons on the Buyer’s part, the Buyer shall pay the associated additional delivery costs.

The Seller shall issue the Buyer a tax document – an invoice. The invoice will be sent either to the Buyer’s email address or included in the shipment.

The Buyer acquires ownership of the goods by paying the full purchase price, including delivery costs, but not before taking possession of the goods. The risk of accidental damage, destruction, or loss of the goods passes to the Buyer at the moment of receipt of the goods, or at the moment when the Buyer was obliged to accept the goods but failed to do so in breach of the purchase agreement.

WITHDRAWAL FROM THE CONTRACT

The Buyer has the right to withdraw from the purchase agreement. The withdrawal period is 14 days:

  1. from the date of receipt of the goods;
  2. from the date of receipt of the last delivery of goods, if the purchase agreement covers several types of goods or multiple deliveries;
  3. from the date of receipt of the first delivery of goods, if the agreement involves regular recurring deliveries.

The Buyer may not withdraw from the purchase agreement in particular in the following cases:

  1. the supply of goods that were modified according to the Buyer's wishes or for their personal use;
  2. the supply of goods that are perishable or goods that, after delivery, were irreversibly mixed with other goods;
  3. the supply of sealed goods that were unsealed by the Buyer and cannot be returned for hygiene reasons;
  4. in other cases as set out in Section 1837 of the Czech Civil Code.

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

To withdraw from the purchase agreement, the Buyer may use the model withdrawal form. The statement of withdrawal must be sent to the Seller’s email or postal address as listed in these Terms and Conditions. The Seller will promptly confirm receipt of the withdrawal form.

A Buyer who withdraws from the purchase agreement must return the goods to the Seller within 14 days of withdrawal. The Buyer bears the cost of returning the goods to the Seller, even in cases where the goods cannot be returned by ordinary postal means due to their nature.

If the Buyer withdraws from the agreement, the Seller shall, without undue delay and no later than 14 days from the withdrawal, return all funds received from the Buyer, including delivery costs, using the same payment method as originally used. The Seller may only use a different method of refund if the Buyer agrees and it does not result in additional costs for the Buyer.

If the Buyer selected a delivery method other than the cheapest option offered by the Seller, the Seller will refund only the amount corresponding to the cost of the cheapest delivery method.

The Seller is not obliged to return any funds before the goods are returned by the Buyer or until the Buyer proves that the goods have been sent back to the Seller.

The Buyer must return the goods undamaged, unused, and clean, and if possible, in their original packaging. The Seller may unilaterally offset any claim for damages caused to the goods against the Buyer’s claim for a refund of the purchase price.

The Seller is entitled to withdraw from the purchase agreement in the event of stock depletion, unavailability of goods, or if the manufacturer, importer, or supplier has discontinued the production or import of the goods. The Seller will inform the Buyer without delay via the email address provided in the order and return all funds received under the agreement, including delivery costs, within 14 days from the notice of withdrawal, using the same payment method or another method specified by the Buyer.

If the Buyer withdraws from the purchase agreement, they shall bear the cost of returning the goods to the Seller, even in cases where the goods cannot be returned by ordinary postal means due to their nature.

RIGHTS FROM DEFECTIVE PERFORMANCE

The Seller is liable to the Buyer for ensuring that the goods are free from defects upon receipt. In particular, the Seller guarantees that at the time the Buyer receives the goods:

  1. the goods have the properties agreed upon by the parties, or, in the absence of such agreement, the goods have the properties described by the Seller or manufacturer, or those the Buyer could reasonably expect given the nature of the goods and related advertising;
  2. the goods are fit for the purpose stated by the Seller or for the usual purpose for which such goods are typically used;
  3. the goods correspond in quality or design to a sample or model, if the quality or design was determined according to such sample or model;
  4. the goods are in the appropriate quantity, dimensions, or weight; and
  5. the goods comply with legal requirements.

If a defect appears within six months of delivery, it is presumed that the goods were defective at the time of delivery. The Buyer is entitled to claim defects that occur in consumer goods within 24 months of delivery. This does not apply to goods sold at a discount due to a defect for which the lower price was agreed, to wear and tear caused by normal use, to used goods in relation to defects corresponding to the level of use or wear and tear existing at the time of acceptance, or if it follows from the nature of the goods.

If a defect arises, the Buyer may file a complaint and request:

  1. replacement with new goods,
  2. a reasonable discount on the purchase price,
  3. withdrawal from the contract.

The Buyer has the right to withdraw from the contract if:

  1. the goods have a substantial defect,
  2. the defect occurs repeatedly after repair or prevents proper use of the goods,
  3. the goods have a larger number of defects.

The Seller is obliged to accept a complaint at any premises where such acceptance is possible, including the registered office or place of business. The Seller must issue the Buyer a written confirmation stating when the complaint was submitted, what the complaint concerns, the method of resolution requested by the Buyer, and a confirmation of the date and method of resolution, including confirmation of any repair and its duration, or a written explanation if the complaint is rejected.

The Seller or an authorized employee shall decide on the complaint immediately, or within three business days in complex cases. This period does not include the time required for professional assessment of the defect depending on the type of product or service. The complaint, including the defect removal, must be resolved without undue delay, no later than 30 days after the complaint is submitted, unless a longer period is agreed with the Buyer. Failure to meet this deadline is considered a material breach of the contract and entitles the Buyer to withdraw from the purchase agreement.

The moment the Seller receives the Buyer’s expression of will to exercise the rights from defective performance is considered the moment of complaint submission. The Seller shall inform the Buyer in writing of the complaint outcome.

The Buyer has no rights from defective performance if they were aware of the defect prior to receiving the goods, or if the Buyer caused the defect.

In the case of a justified complaint, the Buyer has the right to reimbursement of reasonably incurred costs associated with filing the complaint. The Buyer may claim this right with the Seller within one month after the warranty period expires.

The Buyer chooses the method of complaint resolution.

The rights and obligations of the contractual parties regarding rights from defective performance are governed by Sections 1914 to 1925, 2099 to 2117, and 2161 to 2174 of the Czech Civil Code and by 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 shall deliver correspondence to the Seller to the email address specified in these terms and conditions. The Seller shall deliver correspondence to the Buyer to the email address specified in his customer account or in the order.

OUT-OF-COURT DISPUTE RESOLUTION

For out-of-court settlement of consumer disputes arising from a purchase agreement, the Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, is the competent authority. Its online dispute resolution platform is available at: https://adr.coi.cz/en.

The online dispute resolution platform available at http://ec.europa.eu/consumers/odr may also be used for resolving disputes between the Seller and the Buyer arising from the purchase agreement.

The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Online Dispute Resolution Regulation).

The Seller is authorized to sell goods based on a trade license. Trade supervision is carried out within the scope of its competence by the relevant Trade Licensing Office.

The Czech Trade Inspection Authority supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, within a defined scope.

FINAL PROVISIONS

All agreements between the Seller and the Buyer shall be governed by the legal system of the Czech Republic. If a relationship established by the purchase agreement includes an international element, the parties agree that such relationship shall be governed by the law of the Czech Republic. This does not affect the consumer 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 Section 1826(1)(e) of the Czech Civil Code.

All rights to the Seller’s website, particularly copyrights to its content including page layout, photographs, videos, graphics, trademarks, logos, and other content and elements, belong to the Seller. It is prohibited to copy, modify, or otherwise use the website or any part of it without the Seller’s consent.

The Seller is not responsible for any errors resulting from third-party interference with the Online Store or from its use contrary to its intended purpose. The Buyer must not use any procedures that could negatively affect the operation of the Online Store, nor perform any activities that would allow the Buyer or third parties to unlawfully interfere with or misuse the software or other components of the Online Store. The Buyer must not use the Online Store or any part of it, or its software, in a way that contradicts its purpose or intended use.

The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Czech Civil Code.

The purchase agreement, including these Terms and Conditions, is archived electronically by the Seller and is not accessible.

The Seller may change or amend the Terms and Conditions. This shall not affect the rights and obligations that arose during the period of validity of the previous version of the Terms and Conditions.

An annex to these Terms and Conditions is the model form for withdrawal from the contract.

These Terms and Conditions are effective as of 1 November 2023.

In accordance with the Act on the Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, the Seller is required to register the received sale with the tax administrator online; in the event of a technical failure, no later than within 48 hours.