GENERAL TERMS AND CONDITIONS

These General Terms and Conditions (“Terms and Conditions”) of EATKING, s.r.o., with its registered office at Kolbenova 942/38a, Vysočany (Prague 9), 190 00 Prague, Company ID No.: 11815388, registered in the Commercial Register under file No. C 354887 maintained by the Municipal Court in Prague, e-mail: info@centrumo.com, telephone number: +420 774 937 200 (“We”, “Us” or the “Seller”), regulate, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”), the mutual rights and obligations between You, as the buyer, and Us, as the seller, arising in connection with or on the basis of a purchase agreement (the “Agreement”) concluded through the E-shop available at www.centrumo.cz.

All information regarding the processing of Your personal data is contained in the Privacy Policy, which is available here:

https://www.centrumo.cz/podminky-ochrany-osobnich-udaju/

These Terms and Conditions form an integral part of the Agreement. The Agreement and the Terms and Conditions are drawn up in the Czech language. We may unilaterally amend or supplement the wording of the Terms and Conditions. This provision does not affect any rights and obligations arising during the period in which the previous version of the Terms and Conditions was effective.

As You are certainly aware, We primarily communicate remotely. Therefore, our Agreement is also concluded using means of distance communication that allow Us to reach an agreement without the simultaneous physical presence of both parties. The Agreement is therefore concluded remotely through the E-shop environment and through the website interface (the “E-shop Interface”).

If any provision of these Terms and Conditions conflicts with anything We have jointly agreed during the purchasing process on our E-shop, that specific agreement shall take precedence over these Terms and Conditions.

I. CERTAIN DEFINITIONS

1. The Price is the amount of money You will pay for the Goods.
2. The Delivery Price is the amount of money You will pay for the delivery of the Goods, including the cost of packaging.
3. The Total Price is the sum of the Price and the Delivery Price.
4. VAT means value added tax under the applicable legislation.
5. The Invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price.
6. The Order is Your irrevocable proposal to conclude an Agreement with Us for the purchase of the Goods.
7. The User Account is an account created on the basis of the information provided by You, which allows the entered information, the history of ordered Goods and concluded Agreements to be stored.
8. You are the person purchasing from our E-shop, referred to by law as the buyer.
9. The Goods are everything that You can purchase through the E-shop.

II. GENERAL PROVISIONS AND INFORMATION

1. The Goods may only be purchased through the E-shop Interface.
2. When purchasing the Goods, You are obliged to provide Us with complete, correct and truthful information. We will therefore consider all information provided by You when ordering the Goods to be correct and truthful.

III. CONCLUSION OF THE AGREEMENT

1. The Agreement with Us may only be concluded in the Czech language.
2. The Agreement is concluded remotely through the E-shop, and You bear the costs of using means of distance communication. However, these costs do not differ from the standard rate You pay for using such means, particularly for internet access. You should therefore not expect any additional costs charged by Us beyond the Total Price. By submitting the Order, You agree to the use of means of distance communication.
3. In order to conclude the Agreement, You must create a draft Order through the E-shop. The draft Order must contain the following information:

a) Information about the Goods being purchased. Through the E-shop, You select the Goods You wish to purchase by clicking the “Add to Cart” button.

b) Information about the Price, Delivery Price, method of payment of the Total Price and the requested method of delivery of the Goods. This information will be entered during the creation of the draft Order through the E-shop Interface. Information about the Price, Delivery Price and Total Price will be displayed automatically based on the Goods and delivery method selected by You.

c) Your identification and contact details required for the delivery of the Goods, in particular Your first name, surname, delivery address, telephone number and e-mail address.

d) In the case of an Agreement under which the Goods are to be supplied to You regularly and repeatedly, information about the period for which the Goods are to be supplied.

4. During the creation of the draft Order, You may modify and review the entered information until the Order is created. After checking the information, You create the Order by clicking the “Order with Obligation to Pay” button.

Before clicking the button, You must also confirm that You have read and agree to these Terms and Conditions. Otherwise, it will not be possible to create the Order. A checkbox is used for this confirmation and consent.

After clicking the “Order with Obligation to Pay” button, all completed information will be sent directly to Us.

5. We will confirm Your Order as soon as possible after receiving it by sending a message to the e-mail address provided by You in the Order. The confirmation will include a summary of the Order and these Terms and Conditions.

The Agreement between You and Us is concluded when We confirm the Order. The version of the Terms and Conditions effective on the date of the Order forms an integral part of the Agreement.

6. There may be situations in which We are unable to confirm Your Order. This applies in particular where the Goods are unavailable or where You order a larger quantity of the Goods than We allow.

However, information about the maximum permitted quantity of the Goods will always be provided through the E-shop in advance and should therefore not come as a surprise to You.

If there is any reason why We are unable to confirm the Order, We will contact You and send You an offer to conclude an Agreement in a modified form compared with the original Order.

In such a case, the Agreement is concluded when You accept our offer.

7. If an obviously incorrect Price is stated in the E-shop or in the draft Order, We are not obliged to supply the Goods to You at that Price, even if You have received confirmation of the Order and the Agreement has therefore been concluded.

In such a situation, We will contact You without delay and send You an offer to conclude a new Agreement in a modified form compared with the original Order.

The new Agreement is concluded when You accept our offer.

If You do not accept our offer within three days of the date on which it was sent, We are entitled to withdraw from the concluded Agreement.

An obvious error in the Price includes, for example, a situation where the Price does not correspond to the usual price charged by other sellers or where a digit is missing or has been added by mistake.

8. Once the Agreement has been concluded, You become obliged to pay the Total Price.
9. If You have a User Account, You may place an Order through that account. Even in such a case, You are obliged to check the accuracy, truthfulness and completeness of the pre-filled information.

The Order creation process is otherwise the same as for a buyer without a User Account. The advantage is that You do not need to repeatedly enter Your identification details.

10. In some cases, We allow discounts to be applied to the purchase of the Goods. In order to receive a discount, You must enter the relevant discount information in the designated field when creating the draft Order.

If You do so, the Goods will be provided to You at the discounted Price.

IV. USER ACCOUNT

1. Based on Your registration in the E-shop, You may access Your User Account.
2. When registering a User Account, You are obliged to enter all information correctly and truthfully and to update it if it changes.
3. Access to the User Account is protected by a username and password. You are obliged to keep these login details confidential and not disclose them to anyone.

We are not liable for any misuse of Your login details.

4. The User Account is personal, and You are therefore not entitled to allow third parties to use it.
5. We may cancel Your User Account, in particular if You do not use it for more than one year or if You breach Your obligations under the Agreement.
6. The User Account may not be available continuously, particularly due to necessary maintenance of hardware or software equipment.

V. PRICING AND PAYMENT TERMS, RETENTION OF TITLE

1. The Price is always stated in the E-shop, in the draft Order and in the Agreement.

If there is a discrepancy between the Price stated for the Goods in the E-shop and the Price stated in the draft Order, the Price stated in the draft Order shall apply. This Price will always be identical to the Price stated in the Agreement.

The draft Order will also state the Delivery Price or the conditions under which delivery is free of charge.

2. The Total Price includes VAT and all fees required by law.
3. We will require payment of the Total Price after the Agreement has been concluded and before the Goods are handed over.

The Total Price may be paid using the following methods:

a) Bank transfer.

The payment information will be sent to You as part of the Order confirmation. In the case of payment by bank transfer, the Total Price is due by the following day.

b) Cash on delivery.

In this case, payment is made when the Goods are delivered and handed over. The Total Price is due upon receipt of the Goods.

c) Cash upon personal collection.

The Goods may be paid for in cash when collected from our premises. The Total Price is due upon receipt of the Goods.

4. The Invoice will be issued electronically after the Total Price has been paid and will be sent to Your e-mail address.

The Invoice will also be physically enclosed with the Goods and made available through the User Account.

5. Ownership of the Goods passes to You only after You have paid the Total Price and taken possession of the Goods.

In the case of payment by bank transfer, the Total Price is considered paid when it is credited to our bank account. In all other cases, it is considered paid at the moment the payment is made.

VI. DELIVERY OF THE GOODS AND TRANSFER OF THE RISK OF DAMAGE

1. The Goods will be delivered using the method selected by You. You may choose from the following options:

a) Personal collection from our premises listed in the list of business premises.

b) Personal collection from delivery points operated by Zásilkovna or Uloženka.

c) Delivery through the carriers Česká pošta, PPL CZ, DHL or Zásilkovna.

2. The Goods may only be delivered within the Czech Republic.
3. The delivery time always depends on the availability of the Goods and on the selected delivery and payment method.

The estimated delivery time will be communicated to You in the Order confirmation.

The delivery time stated in the E-shop is only an estimate and may differ from the actual delivery time.

In the case of personal collection from our premises, We will always inform You by e-mail when the Goods are ready for collection.

4. Upon receiving the Goods from the carrier, You are obliged to check that the packaging of the Goods is undamaged.

If You discover any damage, You must report it immediately to the carrier and to Us.

If the packaging shows signs of unauthorised handling or interference with the shipment, You are not obliged to accept the Goods from the carrier.

5. If You breach Your obligation to accept the Goods, except in the cases described in Article VI.4 of these Terms and Conditions, this does not constitute a breach of our obligation to deliver the Goods to You.

At the same time, Your failure to accept the Goods does not constitute withdrawal from the Agreement between You and Us.

However, in such a case, We are entitled to withdraw from the Agreement due to Your material breach of the Agreement.

If We decide to exercise this right, the withdrawal becomes effective on the date on which the notice of withdrawal is delivered to You.

Withdrawal from the Agreement does not affect our right to payment of the Delivery Price or our right to compensation for any damage incurred.

6. If, for reasons attributable to You, the Goods must be delivered repeatedly or by a method other than the method agreed in the Agreement, You are obliged to reimburse Us for the costs associated with the repeated or alternative delivery.

The payment information for these costs will be sent to the e-mail address stated in the Agreement. The costs are payable within 14 days of the delivery of the e-mail.

7. The risk of damage to the Goods passes to You when You take possession of the Goods.

If You fail to accept the Goods, except in the cases described in Article VI.4 of these Terms and Conditions, the risk of damage to the Goods passes to You at the moment when You had the opportunity to accept the Goods but failed to do so for reasons attributable to You.

The transfer of the risk of damage means that from that moment You bear all consequences associated with the loss, destruction, damage or any other deterioration of the Goods.

8. If the Goods were not listed as being in stock in the E-shop and an estimated availability period was stated, We will always inform You in the event of:

a) an exceptional interruption in the production of the Goods. In such a case, We will inform You of the new expected availability date or that it will not be possible to supply the Goods;

b) a delay in the delivery of the Goods by our supplier. In such a case, We will inform You of the new expected delivery date.

9. If We are unable to deliver the Goods within 30 days after the expiry of the delivery period stated in the Order confirmation, for any reason, both You and We are entitled to withdraw from the Agreement.

VII. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

1. We guarantee that, at the time when the risk of damage to the Goods passes in accordance with Article VI.7 of these Terms and Conditions, the Goods are free from defects. In particular, We guarantee that the Goods:

a) have the characteristics agreed between You and Us. If no characteristics were expressly agreed, the Goods have the characteristics stated in their description or the characteristics that may reasonably be expected with regard to the nature of the Goods;

b) are suitable for the purposes stated by Us or for the purposes for which Goods of this type are usually used;

c) correspond in quality or design to the agreed sample, where the quality or design was determined according to a sample;

d) are supplied in the appropriate quantity and weight;

e) comply with the requirements imposed by applicable legislation;

f) are not subject to any third-party rights.

2. The rights and obligations relating to defective performance are governed by the applicable generally binding legislation, in particular Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended.
3. If the Goods have a defect, in particular if any of the conditions stated in Article VII.1 are not met, You may notify Us of the defect and exercise Your rights arising from defective performance by submitting a complaint.

You may submit the complaint by e-mail or letter sent to the addresses stated in our identification details.

When exercising Your rights arising from defective performance, You must choose how You wish the defect to be resolved.

You may not subsequently change this choice without our consent, except in the cases stated in Article VII.4.

We will process the complaint in accordance with the right arising from defective performance selected by You.

If You do not select a method of resolving the defect, You will have the rights stated in Article VII.5, even where the defective performance constitutes a material breach of the Agreement.

4. If the defective performance constitutes a material breach of the Agreement, You have the following rights:

a) the right to have the defect remedied by the delivery of new Goods without defects or by the delivery of a missing part of the Goods;

b) the right to have the defect remedied by repairing the Goods;

c) the right to a reasonable discount from the Price;

d) the right to withdraw from the Agreement.

If You choose the solution described in point a) or b) and We fail to remedy the defect in this manner within the reasonable period stated by Us, or if We inform You that We will not remedy the defect in this manner, You will also have the rights described in points c) and d), even if You did not originally request them when submitting the complaint.

If You choose to have the Goods repaired and We determine that the defect cannot be repaired, We will inform You and You may select another method of remedying the defect.

5. If the defective performance constitutes a non-material breach of the Agreement, You have the following rights:

a) the right to have the defect remedied by the delivery of new Goods without defects or by the delivery of a missing part of the Goods;

b) the right to have the defect remedied by repairing the Goods;

c) the right to a reasonable discount from the Price.

However, if We fail to remedy the defect in time or refuse to remedy the defect, You are entitled to withdraw from the Agreement.

You may also withdraw from the Agreement if You are unable to use the Goods properly due to repeated defects following repair or due to a larger number of defects affecting the Goods.

6. In the case of both a material and non-material breach, You may not withdraw from the Agreement or request the delivery of replacement Goods if You are unable to return the Goods in the condition in which You received them.

This does not apply in the following cases:

a) the condition of the Goods changed as a result of an inspection carried out to identify the defect;

b) the Goods were used before the defect was discovered;

c) the impossibility of returning the Goods in an unchanged condition was not caused by Your act or omission;

d) before the defect was discovered, You sold, consumed or modified the Goods through normal use.

If this occurred only in part, You are obliged to return the part of the Goods that can be returned. In such a case, You will not be refunded the part of the Price corresponding to the benefit You obtained from using that part of the Goods.

7. Within three days of receiving the complaint, We will confirm to Your e-mail address that We have received the complaint, the date on which it was received and the expected time required to process it.

We will process the complaint without undue delay, but no later than within 30 days of receiving it.

This period may be extended by mutual agreement.

If the period expires without the complaint being resolved, You may withdraw from the Agreement.

8. We will inform You by e-mail about the resolution of the complaint.

If the complaint is justified, You are entitled to reimbursement of the reasonably incurred costs associated with the complaint.

You are obliged to prove these costs, for example by providing receipts or confirmation of delivery costs.

If the defect was remedied by supplying new Goods, You are obliged to return the original Goods to Us. However, We will bear the costs of the return.

9. If You are an entrepreneur, You are obliged to notify Us of the defect and raise the complaint without undue delay after You could have discovered the defect, but no later than within three days of receiving the Goods.
10. If You are a consumer, You are entitled to exercise Your rights arising from defective performance in relation to a defect that occurs in consumer Goods within 24 months of receiving the Goods.
11. The provisions relating to rights arising from defects do not apply in the following cases:

a) Goods sold at a reduced Price in relation to the defect for which the reduced Price was agreed;

b) wear and tear caused by the normal use of the Goods;

c) used Goods in relation to a defect corresponding to the degree of use or wear that the Goods had when You received them;

d) cases where this follows from the nature of the Goods.

VIII. WITHDRAWAL FROM THE AGREEMENT

1. Withdrawal from the Agreement, meaning the termination of the contractual relationship between You and Us from the beginning, may take place for the reasons and in the manner stated in this Article or in other provisions of these Terms and Conditions that expressly provide for the possibility of withdrawal.
2. If You are a consumer, meaning a person purchasing the Goods outside the scope of Your business activities, You are entitled, in accordance with Section 1829 of the Civil Code, to withdraw from the Agreement without giving a reason within 14 days of the date on which the Goods are delivered.

If We have concluded an Agreement covering several types of Goods or the delivery of several parts of the Goods, this period begins on the date on which the final part of the Goods is delivered.

If We have concluded an Agreement under which the Goods are to be supplied to You regularly and repeatedly, the period begins on the date on which the first delivery is made.

You may withdraw from the Agreement by any demonstrable means, in particular by sending an e-mail or letter to the addresses stated in our identification details.

3. Even if You are a consumer, You may not withdraw from the Agreement if the subject of the Agreement is:

a) Goods whose Price depends on fluctuations in the financial market that are beyond our control and which may occur during the withdrawal period;

b) the delivery of alcoholic beverages that may only be delivered after 30 days and whose Price depends on fluctuations in the financial market that are beyond our control;

c) Goods that have been modified according to Your wishes or personalised for You;

d) Goods that are liable to deteriorate rapidly or Goods that have been irreversibly mixed with other goods after delivery;

e) Goods delivered in sealed packaging that have been removed from the packaging and cannot be returned for hygiene reasons;

f) the delivery of an audio or video recording or computer software where the original packaging has been opened;

g) the delivery of newspapers, periodicals or magazines;

h) the delivery of digital content that was not supplied on a tangible medium, where it was supplied with Your prior express consent before the expiry of the withdrawal period and We informed You that You would not have the right to withdraw from the Agreement.

4. The withdrawal period stated in Article VIII.2 of these Terms and Conditions is considered to have been met if You send Us a notice of withdrawal during that period.
5. If You withdraw from the Agreement, the Price will be refunded within 14 days of the date on which the withdrawal becomes effective.

The refund will be made to the account from which the payment was received or to another account selected by You in the notice of withdrawal.

However, the amount will not be refunded before You return the Goods to Us or provide evidence that You have sent the Goods back to Us.

Please return the Goods clean and, where possible, in their original packaging.

6. If You withdraw from the Agreement under Article VIII.2 of these Terms and Conditions, You are obliged to send the Goods back to Us within 14 days of the withdrawal.

You bear the costs associated with returning the Goods to Us.

You are entitled to reimbursement of the Delivery Price, but only up to the amount corresponding to the least expensive delivery method that We offered for the delivery of the Goods.

If You withdraw because We breached the Agreement, We will also bear the costs associated with returning the Goods to Us, but only up to the amount corresponding to the least expensive delivery method that We offered when delivering the Goods.

7. You are liable to Us for damage if the Goods are damaged as a result of handling beyond what is necessary with regard to their nature and characteristics.

We will charge You for the damage after the Goods have been returned to Us. The charged amount is payable within 14 days.

If We have not yet refunded the Price to You, We are entitled to set off our claim for the damage against Your claim for the refund of the Price.

8. We are entitled to withdraw from the Agreement at any time before the Goods are delivered to You if there are objective reasons why the Goods cannot be delivered, in particular reasons attributable to third parties or reasons resulting from the nature of the Goods.

We may do so even before the expiry of the period stated in Article VI.9 of these Terms and Conditions.

We may also withdraw from the Agreement if it is evident that You intentionally provided incorrect information in the Order.

If You purchase the Goods as part of Your business activities, meaning as an entrepreneur, We are entitled to withdraw from the Agreement at any time, even without giving a reason.

IX. RESOLUTION OF CONSUMER DISPUTES

1. We are not bound by any codes of conduct in relation to buyers within the meaning of Section 1826(1)(e) of the Civil Code.
2. Consumer complaints are handled through the e-mail address info@centrumo.com.

Information about the resolution of the complaint will be sent to the buyer’s e-mail address.

3. The Czech Trade Inspection Authority is the competent authority for the out-of-court resolution of consumer disputes arising from the Agreement.

Its registered office is at Štěpánská 567/15, 120 00 Prague 2, Company ID No.: 000 20 869.

Website:

http://www.coi.cz

The online dispute resolution platform available at the following address may be used to resolve disputes between the Seller and a buyer who is a consumer arising from a purchase agreement concluded electronically:

http://ec.europa.eu/consumers/odr

4. 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 under 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.

X. FINAL PROVISIONS

1. If the legal relationship between You and Us contains an international element, for example if We send the Goods outside the Czech Republic, the relationship will always be governed by the laws of the Czech Republic.

However, if You are a consumer, this provision does not affect Your rights arising from applicable legislation.

2. All written correspondence between You and Us will be delivered by e-mail.

Our e-mail address is stated in our identification details.

We will send correspondence to the e-mail address stated by You in the Agreement, in the User Account or used by You to contact Us.

3. The Agreement may only be amended on the basis of a written agreement between You and Us.

However, We are entitled to amend or supplement these Terms and Conditions.

Such an amendment will not affect Agreements that have already been concluded. It will only apply to Agreements concluded after the amendment becomes effective.

We will inform You about an amendment only if You have created a User Account, so that You have the information available if You order new Goods.

However, the amendment does not give rise to a right of termination because there is no continuing Agreement that could be terminated.

We will also inform You if We are required under an Agreement to supply Goods to You regularly and repeatedly.

Information about the amendment will be sent to Your e-mail address at least 14 days before the amendment becomes effective.

If We do not receive notice of termination of the Agreement for regular and repeated deliveries from You within 14 days of sending the information about the amendment, the new Terms and Conditions will become part of our Agreement.

They will apply to the next delivery of the Goods following the date on which the amendment becomes effective.

If You submit a notice of termination, the notice period is two months.

4. In the event of force majeure or events that cannot be reasonably foreseen, including natural disasters, pandemics, operational failures or failures of subcontractors, We are not liable for damage caused as a result of or in connection with such events.

If the force majeure situation continues for more than 10 days, both You and We are entitled to withdraw from the Agreement.

5. A model complaint form and a model withdrawal form are attached to these Terms and Conditions.
6. The Agreement, including these Terms and Conditions, is archived electronically by Us but is not accessible to You.

However, You will always receive these Terms and Conditions and the Order confirmation containing a summary of the Order by e-mail.

You will therefore always have access to the Agreement without requiring any further cooperation from Us.

We recommend that You save the Order confirmation and these Terms and Conditions.

7. These Terms and Conditions become effective on 1 December 2023.