These Business Terms and Conditions govern, in accordance with the provisions of Section 1751, Paragraph 1 of Act No. 89/2012 Coll., The Civil Code (hereinafter referred to as the “Civil Code”), mutual rights and obligations between the company.
Yumi Time s.r.o.,
Company ID: 05592381,
with its registered office in Prague 5 - Stodůlky, Prusíkova 2577/16, postal code 15500,
entered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 266625,
email: [email protected]
(hereinafter referred to as the "Seller")
and the customer (hereinafter referred to as the “Buyer”)
arising in connection with or on the basis of a purchase agreement between the Seller and the Buyer, the subject of which is the Seller's goods (hereinafter referred to as "Goods") (hereinafter referred to as "Agreement") and which is concluded through its online store located at www. yumitime.cz (hereinafter referred to as “YUMI TIME”) regarding the Goods offered here.
(hereinafter referred to as the "Terms and Conditions").
I. Introductory provisions
1. These Business Conditions are an integral part of the Agreement. The Contract and the Business Conditions are drawn up in the Czech language. The contract can be concluded in the Czech language. Wherever reference is made to the rights and obligations under the Agreement, this means the rights and obligations under the Agreement, including these Terms and Conditions.
2. By concluding the Contract, the Buyer declares that he has read the current wording of these Business Conditions at each individual conclusion of the Contract, understood them, agrees with their wording and will follow them.
3. The current wording of these Business Conditions is freely accessible on the Seller's website and everyone is allowed to view and archive them.
II. User account
1. Before concluding the Agreement, it is possible to register on the YUMI TIME website. Upon registration, the Buyer shall provide the required personal data. After sending the registration, the Seller will create the Buyer's own user account on the YUMI TIME website (hereinafter referred to as the “User Account”). Access to the User Account is protected by a login name and password, which the Buyer may not disclose to a third party or allow a third party to use his User Account.
2. The Buyer declares that the data provided during registration in YUMI TIME or otherwise provided to the Seller are true and correct and that they will immediately notify the Seller of any changes. The Seller is not liable for any damage or complications caused by the communication of incorrect or false information by the Buyer. The Buyer is liable to the Seller for the damage caused to him by the communication of incorrect or untrue personal data.
3. The Buyer acknowledges that access to the YUMI TIME website and to its User Account may not be continuous, especially with regard to necessary maintenance or planned changes to the YUMI TIME system. In the event of a breach of the Agreement or these Terms and Conditions by the Buyer, the Seller reserves the right to temporarily deny the Buyer access to his User Account or cancel it completely.
4. The Agreement can also be concluded outside the environment of the User Account, ie without the need to register for YUMI TIME.
III. Orders, conclusion of the Contract, payment conditions and delivery of the Goods
1. The YUMI TIME website contains information about the Goods and their properties, their prices, and the costs associated with the delivery and packaging of the Goods when delivered within part of the territory of the capital city of Prague. The goods are delivered only on a part of the territory of the capital city of Prague, which the Buyer can find at YUMI TIME in the "delivery" section. Prices include value added tax and all related fees. Prices remain valid as long as they are displayed on the YUMI TIME website. This provision does not limit the Seller's ability to enter into the Contract under individually agreed conditions. Any discounts on the price of the Goods provided by the Seller to the Buyer cannot be combined with each other.
2. Adjustment of the composition of the Goods according to the Buyer's requirements is possible on the basis of an individual agreement, but not in the period from 11:00 to 14:00. Modification of the Goods is possible only if the performance of the modification is technologically possible. If the Seller does not warn the Buyer about the impossibility of meeting his request to modify the composition of the product, it is assumed that the change is possible.
3. The Buyer agrees to the use of means of distance communication when concluding the Contract. The costs incurred by the Buyer 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 Buyer himself, and these do not differ from the basic rate.
4. The Buyer shall order the Goods after logging in to his User Account through it or without logging in. Orders can only be placed during the business hours listed on YUMI TIME. Orders placed outside of business hours will be placed during the business hours following the moment of placing the order. The buyer puts the individual items of the Goods in the selected quantity into the virtual shopping cart. Once inserted, the Goods can be removed from the cart. After selecting the Goods, the Buyer clicks on "ORDER". On the next screen, the Buyer can edit the contents of the basket, fill in the required personal data and choose the method of payment and method of delivery (including the cost of this delivery). The minimum order amount is CZK 200. The buyer has the opportunity to check the data specified in the order and change it if necessary. The Buyer will perform the entire YUMI TIME environment throughout the order submission process. The Buyer sends the order to the Seller by clicking on the "COMPLETE ORDER" button. The Seller will confirm to the Buyer the acceptance of the order by e-mail. The Contract is concluded at the time of sending the order, except in situations where the Seller immediately after sending the order informs the Buyer that the stocks of the ordered Goods have been exhausted or that the Seller is unable to deliver the Goods for other reasons.
5. The order can also be placed by phone at 777 429 889. Based on the telephone order made by the Buyer, the Seller will verify and confirm it orally in a telephone call with the Buyer.
6. The Buyer declares that the data stated in the order or otherwise provided to the Seller are true and correct. The Seller is not liable for any damage or complications caused by the communication of incorrect or false information by the Buyer. The Buyer is liable to the Seller for the damage caused to him by the communication of incorrect or untrue personal data.
7. The Seller is entitled, depending on the nature of the order, to ask the Buyer for additional telephone or written confirmation of the order.
8. The Seller may require the Buyer to make an advance or other similar payment.
9. When placing an order, the Buyer may choose from the following methods of payment of the purchase price of the Goods and other costs:
a. cash payments upon receipt of the Goods from the distributor or at the Seller's premises,
b. cashless transfer to the Seller 's account using WebPay (payment
payment card, MasterPass express payment or mobile payment),
c. cashless payment at the Seller's premises via a payment card accepted by the Seller,
d. meal vouchers accepted by the Seller.
Together with the payment of the purchase price, the Buyer is obliged to pay the costs of packaging and delivery of the Goods in accordance with the Contract.
10. The Seller is entitled to demand payment of the full purchase price and other costs before sending the Goods to the Buyer. The provisions of § 2119 par. 1 of the Civil Code shall not apply.
11. After payment of the purchase price and other costs, the Seller shall issue to the Buyer a tax document on the payments made, which he shall send to the Buyer by e-mail or, in the case of payment at the time of personal collection or payment to the distributor, hand over to the Buyer.
12. If the Seller is obliged under the Contract to deliver the Goods to the place specified by the Buyer, the Buyer is obliged to take over the Goods upon delivery. In the event that the goods are not taken over or the goods are returned by the Buyer without giving a reason, the Seller is entitled to payment of the value of the order. In the event that the Goods are ordered by the Buyer, who has not unreasonably taken over the delivered Goods in the past, the Seller reserves the right to have the purchase price of the ordered Goods paid by the Buyer in advance by non-cash transfer. In the event that, for reasons on the part of the Buyer, the Goods are delivered repeatedly or in a manner other than agreed, the Buyer is obliged to pay the costs associated with this repeated or other method of delivery.
13. The delivery time stated in the order is for guidance only. The goods can be delivered to the Buyer even after this time. In the event that the Seller is unable to deliver the ordered Goods to the Buyer within the agreed period or with an acceptable deviation, the Seller shall notify the Buyer of this matter as soon as possible and notify the Buyer of the expected delivery date of the ordered Goods or suggest the delivery of alternative Goods. None of the delivery dates of the Goods agreed between the Buyer and the Seller can be taken as a fixed date in the sense of the provisions of § 1980 of the Civil Code, unless the term is explicitly marked as such and agreed with the Seller.
14. The Seller shall deliver the Goods to the Buyer at the first door of the address specified in the order. The first door means the entrance door to an apartment building, family house, etc. The Seller is not obliged to deliver the Goods to the Buyer to the door of his apartment, unless the Buyer personally requested it for serious reasons (sick child, immobility) and his request for such delivery was confirmed by Dispatcher of the Seller.
15. The Seller reserves the right to cancel the order or part thereof in the event that serious circumstances prevent the production or delivery of the ordered Goods to the Buyer. In the event that this situation occurs, the Seller will contact the Buyer in order to agree on further action. In the event that the Buyer has already paid part or all of the purchase price, the relevant amount will be transferred back to his account within 15 calendar days.
IV. Withdrawal from the Contract and complaints
1. Due to the nature of the Goods, the Buyer has no right to withdraw from the Contract without giving a reason in accordance with the Civil Code and the Seller does not provide a warranty period for the Goods.
2. If the taken over Goods have deficiencies (especially they are not complete, their quantity, measure, weight or quality do not correspond to other legal, contractual or even pre-contractual parameters), these are defects of the Goods for which the Seller is responsible.
3. If the Goods have defects, it is possible to claim them. The Buyer must file a complaint within 30 minutes of receiving it. The claimed goods must contain at least 75% of their original volume.
4. In the event of a complaint, the Buyer is obliged to state the reasons for the complaint.
5. The complaint is resolved immediately, if possible, taking into account the circumstances of the complaint. In more complex cases within 3 working days from the receipt of the claimed goods by the Seller. In the event of a complaint, the Buyer is informed of the procedure for resolving the complaint.
V. Protection of personal data and sending business messages
1. The protection of personal data of the Buyer, who is a natural person, is ensured in accordance with Act No. 101/2000 Coll., On the protection of personal data, as amended.
2. The buyer agrees to the processing of the following personal data: name, surname, residential address, registered office, identification number, tax identification number, e-mail address, telephone number, bank details. The Buyer agrees to the processing of personal data by the Seller, for the purposes of exercising the rights and obligations under the Contract and for the purposes of sending information and commercial communications. The Buyer agrees to the sending of information related to the Seller's services to the Buyer's electronic address specified in the order or when registering at YUMI TIME and further agrees to the sending of the Seller's commercial communications to this address.
3. Personal data shall be processed indefinitely, in electronic form in an automated manner or in printed form in a non-automated manner. The Seller, as the administrator, may authorize a third party to process personal data as the processor. With the exception of persons transporting the Goods, the Buyer's personal data will not be provided to third parties without the Buyer's consent.
4. The buyer is obliged to state his personal data correctly and truthfully. The buyer confirms that the personal data provided is accurate and that he was informed that this is a voluntary provision of personal data. The Buyer further declares that he has been informed that the consent to the processing of personal data may be revoked in relation to the Seller by a written notice delivered to the address of the Seller.
5. In the event that the Buyer believes that the Seller or the processor is processing his personal data in violation of the protection of private and personal life of the Buyer or in violation of the law, he may ask the Seller for an explanation and request that the defective condition be removed.
6. If the Buyer requests information about the processing of his personal data, the Seller is obliged to provide this information. The seller has the right to demand a reasonable payment for the information provided in accordance with the previous sentence, not exceeding the costs necessary to provide the information.
VI. Final Provisions
1. These Terms and Conditions supersede all other oral and written statements and agreements between the Seller and the Buyer regarding the Agreement, with the exception of the Agreement itself, the provisions of which take precedence over these Terms and Conditions.
2. The wording of the Business Conditions may be unilaterally amended or supplemented by the Seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
3. After its conclusion, the Contract is imposed by the Seller for the purpose of its successful fulfillment, however, the Seller does not undertake to allow the Buyer repeated access to the concluded Contract.
4. The Seller is not bound by any codes of conduct in relation to the Buyer in the sense of the provisions of § 1826 par. 1 let. e) of the Civil Code. The Buyer may address his complaints directly to the Seller or to the relevant supervisory or state supervisory authority.
5. The Czech general courts have jurisdiction to hear disputes between the Buyer and the Seller.
6. If the relationship related to the use of YUMI TIME 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 consumer's rights arising from generally binding legal regulations.
7. If any of the provisions of the Terms and Conditions 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.
8. These Business Terms and Conditions take effect on August 1, 2017
In Prague on August 1, 2017