General Terms and Conditions

These general terms and conditions ("Conditions") of the company Evnoia Group, s.r.o., located at Roháčova 145/14, 130 00 Praha 3 - Zizkov, Prague, Czech Republic,  , registered in the commercial register under the file no ICO: 6700055., maintained at www.EvnoiaCoffee.com and www.EvnoiaGroup.com, email coffee@evnoiagroup.com, info@evnoiagroup.com, phone number +420 776 552 712 or +420 776 407 687 ("We" or "Seller"), regulate in accordance with § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended ("Civil Code"), the mutual rights and obligations of You, as buyers, and Us, as sellers, arising in connection or based on the purchase agreement ("Agreement") concluded through the E-shop on the website https://www.evnoiacoffee.com.

All information about the processing of your personal data is included in the Principles of Personal Data Processing, which you can find here: http://www.evnoiacoffee.com/universaltermsofpersonaldataprotection/

The provisions of these Conditions are an integral part of the Agreement. The Agreement and Conditions are drawn up in the English language. We may unilaterally change or amend the wording of the Conditions. This provision does not affect the rights and obligations arising during the effectiveness of the previous wording of the Conditions.

As you surely know, we primarily communicate remotely. Therefore, for our Agreement, it applies that remote communication means are used, which allow us to agree together without the simultaneous physical presence of Us and You, and the Agreement is thus concluded remotely in the E-shop environment, through the interface of the website.

If any part of the Conditions contradicts what we have jointly approved within the process of your purchase in our E-shop, this specific agreement will take precedence over the Conditions.

I. SOME DEFINITIONS

1. Price is the monetary amount that you will pay for the Goods;

2. The shipping cost is the monetary amount you will pay for the delivery of the Goods, including the price of its packaging;

3. The total price is the sum of the Price and the shipping cost;

4. VAT is the value-added tax according to applicable legal regulations;

5. The invoice is a tax document issued in accordance with the value-added tax law on the Total price;

6. The order is your irrevocable proposal to conclude a Purchase Agreement for Goods with Us;

7. User account is an account set up based on the information you have provided, which allows for the retention of entered details and keeping a history of ordered Goods and concluded Agreements;

8. You are the person purchasing in Our E-shop, designated by legal regulations as the buyer;

9. Goods are everything you can purchase in the E-shop.

 

 

II. GENERAL PROVISIONS AND INSTRUCTIONS

1. Purchasing Goods is only possible through the web interface of the E-shop.

2. When purchasing Goods, it is your obligation to provide Us with all information correctly and truthfully. Therefore, the information that you have provided to Us when ordering the Goods will be considered correct and truthful.

III. CONCLUSION OF THE CONTRACT

1. A contract with Us can only be concluded in the English language.

2. The contract is concluded remotely through the E-shop, with the costs of using remote communication means being borne by You. However, these costs do not differ from the basic rate that you pay for the use of these means (i.e., mainly for internet access), so you should not expect any additional costs charged by Us beyond the Total price. By sending the Order, you agree to our use of remote communication means.

3. For us to conclude the Contract, it is necessary for you to create an Order proposal on the E-shop. This proposal must contain the following information:

   a) Information about the purchased Goods (you indicate the Goods you are interested in buying on the E-shop by clicking "Add to cart");

   b) Information about the Price, Shipping Price, payment method of the Total Price, and the requested delivery method of the Goods; this information will be entered during the creation of the Order proposal within the user environment of the E-shop, with information about the Price, Shipping Price, and Total Price automatically listed based on the Goods and delivery method you have chosen;

   c) Your identification and contact details necessary for the delivery of the Goods, especially the name, surname, delivery address, phone number, and email address;

   d) In the case of a Contract, based on which we will deliver the Goods to you regularly and repeatedly, also information on how long we will deliver the Goods to you.

4. During the creation of the Order proposal, details can be changed and checked until its creation. After performing the check, you will create the Order by pressing the "Order binding to payment" button. Before pressing the button, however, you must also confirm your acquaintance and agreement with these Terms; otherwise, it will not be possible to create the Order. A checkbox is used for confirmation and consent. By pressing the "Order binding to payment" button, all filled information will be sent directly to Us.

5. We will confirm your Order as soon as possible after it has been delivered to Us by sending a message to your email address provided in the Order. The confirmation will include a summary of the Order and these Terms. Confirming the Order on our part leads to the conclusion of the Contract between Us and You. The Terms, effective on the date of the Order, form an integral part of the Contract.

6. There may also be cases where we will not be able to confirm your Order. This primarily refers to situations where the Goods are not available or cases where you order a larger number of Goods than what is allowed by us. However, information about the maximum number of Goods will always be provided in advance within the E-shop, so it should not be surprising for you. If there is any reason why we cannot confirm the Order, we will contact you and send you an offer to conclude the Contract in a modified form compared to the Order. The Contract is then concluded when you confirm our offer.

7. In the case where an obviously incorrect Price is stated within the E-shop or in the Order proposal, we are not obliged to deliver the Goods to you at this Price, even if you have received Order confirmation, and thus a Contract was concluded. In such a situation, we will contact you immediately and send you an offer to conclude a new Contract in a modified form compared to the Order. A new Contract is then concluded when you confirm our offer. If you do not confirm our offer within 3 days of its dispatch, we are entitled to withdraw from the concluded Contract. An obvious error in the Price is considered, for example, a situation where the Price does not correspond to the usual price at other sellers or a digit is missing or extra.

8. In case a Contract is concluded, you are obligated to pay the Total Price.

9. If you have a User Account, you can place an Order through it. Even in this case, however, you have the obligation to check the accuracy, truthfulness, and completeness of the pre-filled data. The way of creating the Order, however, is identical to the case of a buyer without a User Account, but the advantage is that it is not necessary to repeatedly fill in your identification data.

10. In some cases, we allow a discount to be applied to the purchase of Goods. To receive a discount, it is necessary to fill in the discount information in a predetermined field within the Order proposal. If you do so, the Goods will be provided with a discount.

IV. USER ACCOUNT

1. Based on your registration within the E-shop, you can access your User Account.

2. When registering a User Account, it is your responsibility to provide all the information correctly and truthfully and update it in case of any changes.

3. Access to the User Account is secured with a username and password. Concerning these access details, it is your responsibility to maintain confidentiality and not provide these details to anyone. If there is any misuse of them, we bear no responsibility.

4. The User Account is personal, and you are therefore not authorized to allow its use by third parties.

5. We can cancel your User Account, especially in cases where it is not used for more than 5 years, or in case you violate your obligations under the Contract.

6. The User Account may not be continuously available, especially considering the necessary maintenance of hardware and software equipment.

   . PRICE AND PAYMENT CONDITIONS, RESERVATION OF OWNERSHIP RIGHTS

   1. The price is always indicated within the E-shop, in the Order proposal, and of course, in the Contract. In case of a discrepancy between the Price listed with the Goods within the E-shop and the Price stated in the Order proposal, the Price mentioned in the Order proposal will apply, which will always be identical to the price in the Contract. The Order proposal also includes the Price for shipping, or the conditions when shipping is free.

   2. The total price is listed including VAT and all fees set by law.

   3. We will require the payment of the Total price after the conclusion of the Contract and before the delivery of the Goods. You can make the payment of the Total price by the following methods:

   a) By bank transfer. Information for making the payment will be sent to you as part of the Order confirmation. In the case of payment by bank transfer, the Total price is due within the next 7 working days.

 

VI. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO THE ITEM

1. The Goods will be delivered to You in the manner of Your choice, where you can choose from the following options:

a) Personal collection at Our establishment listed in the list of operations;

b) Personal collection at the pick-up points of Zásilkovna, Uloženka;

c) Delivery via shipping companies Česká pošta, PPL CZ, DHL, Zásilkovna;

2. Goods can only be delivered within the Czech Republic.

3. The delivery time of the Goods always depends on its availability and the chosen method of delivery and payment. The expected delivery time of the Goods will be communicated to You in the Order confirmation. The time stated on the E-shop is only indicative and may differ from the actual delivery time. In the case of personal collection at the establishment, You will always be informed about the possibility of picking up the Goods via email.

4. After receiving the Goods from the carrier, it is Your obligation to check the integrity of the Goods’ packaging, and in case of any defects, immediately report this fact to the carrier and Us. If there is a defect in the packaging that indicates unauthorized manipulation and entry into the shipment, it is not Your obligation to accept the Goods from the carrier.

5. If You violate Your obligation to accept the Goods, except in cases under Art. VI.4. Conditions, it does not result in the violation of Our obligation to deliver the Goods to You. Also, the fact that You did not take over the Goods is not a withdrawal from the Contract between Us and You. However, in this case, We have the right to withdraw from the Contract due to Your substantial breach of the Contract. If We decide to exercise this right, the withdrawal is effective on the day We deliver this withdrawal to You. Withdrawal from the Contract does not affect the claim for payment of the Price for transport, or the claim for damages, if any, incurred.

6. If, for reasons on Your part, the Goods are delivered repeatedly or in a different way than agreed in the Contract, it is Your obligation to reimburse Us for the costs associated with this repeated delivery. Payment details for paying these costs will be sent to Your email address stated in the Contract and are due 14 days after the delivery of the email.

7. The risk of damage to the Goods is transferred to You at the moment You take it over. In case You do not take over the Goods, except in cases under Art. VI.4. Conditions, the risk of damage to the Goods is transferred to You at the moment when You had the opportunity to take it over, but for reasons on Your part, it was not taken over. The transfer of the risk of damage to the Goods means that from this moment, You bear all consequences associated with the loss, destruction, damage, or any devaluation of the Goods.

8. In case the Goods were not listed as in stock in the E-shop, and an indicative availability time was provided, We will always inform You in the case of:

a) extraordinary interruption of the Goods’ production, where We will always communicate the new expected availability time or information that it will not be possible to deliver the Goods;

b) delays in delivering the Goods from Our supplier, where We will always communicate the new expected delivery time.

9. In case We are not able to deliver the Goods to You even within 30 days from the expiration of the delivery time of the Goods stated in the Order confirmation, for any reason, both We and You are entitled to withdraw from the Contract.

VII. RIGHTS FROM DEFECTIVE PERFORMANCE

1. We guarantee that at the time of the risk of damage passing to the Goods as per Art. VI.7 of the Terms, the Goods are without defects, particularly that:

a) they have the characteristics that we have agreed upon with you, and if they were not expressly agreed upon, then those that we have listed in the description of the Goods, or those that can be expected given the nature of the Goods;

b) they are suitable for the purposes that we have listed or for the purposes that are usual for Goods of this type;

c) they match the quality or execution of the agreed sample if the quality or execution was determined by the sample;

d) they are in the corresponding quantity and weight;

e) they meet the requirements set by legal regulations;

f) they are not burdened by the rights of third parties.

2. Rights and obligations concerning rights from defective performance are governed by the relevant generally binding legal regulations (especially provisions § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and the law No. 634/1992 Coll., on consumer protection, as amended).

3. In case the Goods have a defect, especially if any of the conditions according to Art. VII.1 are not met, you can notify us of such a defect and claim rights from defective performance (i.e., claim the Goods) by sending an email or letter to our addresses listed in our contact details. For the claim, you can also use the sample form provided by us, which is Annex No. 1 of the Terms. When claiming rights from defective performance, you need to choose how you want the defect resolved, and you cannot subsequently change this choice, except in cases according to Art. 7.4, without our consent. We will handle the claim in accordance with the right from defective performance that you have asserted. If you do not choose a solution to the defect, you have the rights stated in Art. 7.5 also in situations where defective performance was a material breach of the Contract.

4. If the defective performance is a substantial breach of the Contract, you have the following rights:

a) to remove the defect by delivering new Goods without defects, or by delivering the missing part of the Goods;

b) to remove the defect by repairing the Goods;

c) to a reasonable discount on the Price;

d) to withdraw from the Contract.

In case you choose a solution according to points a) or b) and we do not remove the defect this way within a reasonable period, which we have stated, or we inform you that we will not remove the defect this way at all, you have the rights according to points c) and d), even if you did not originally request them during the claim. Also, if you choose to remove the defect by repairing the Goods and we find that the defect is irreparable, we will inform you, and you can choose another way to remove the defect.

5. If the defective performance is a minor breach of the Contract, you have the following rights:

a) to remove the defect by delivering new Goods without defects, or by delivering the missing part of the Goods;

b) to remove the defect by repairing the Goods;

c) to a reasonable discount on the Price.

However, if we do not remove the defect in time or refuse to remove the defect, you have the right to withdraw from the Contract. You can also withdraw in case you cannot properly use the Goods due to the recurring occurrence of defects after the repair of the Goods or due to a higher number of defects of the Goods.

6. In case of both substantial and minor breaches, you cannot withdraw from the Contract, nor request the delivery of new items, if you cannot return the Goods in the condition in which you received them. This does not apply in the following cases:

a) if there was a change in the condition of the Goods as a result of an inspection to determine the defect;

b) if the Goods were used before the discovery of the defect;

c) if the impossibility of returning the Goods in an unchanged condition was not caused by your actions or your neglect,

d) if there was a sale, consumption, or modification of the Goods in the usual use before the discovery of the defect by you; however, if this only happened partially, it is your obligation to return that part of the Goods that can be returned, and in such a case, the part of the Price corresponding to your benefit from the use of part of the Goods will not be returned to you.

7. Within 3 days of receiving the claim, we will confirm to your email address that we have received the claim when we received it, and the expected duration of the claim handling. We will handle the claim without unnecessary delay, but no later than 30 days after its receipt. The deadline may be extended by mutual agreement. If the deadline expires in vain, you can withdraw from the Contract.

8. We will inform you about the handling of the claim by email. If the claim is justified, you are entitled to compensation for reasonably incurred costs. You are required to prove these costs, for example, by receipts or confirmations of the price for transport. In case the defect was removed by delivering new Goods, it is your obligation to return the original Goods to us, but we will bear the costs of this return.

9. In case you are a business entity, it is your obligation to report and point out the defect without unnecessary delay after you have discovered it, but no later than three days from the receipt of the Goods.

10. If you are a consumer, you have the right to claim rights from defective performance for a defect that occurs in consumer Goods within a period of 24 months from the receipt of the Goods.

11. Provisions concerning the right from defects do not apply in case of:

a) Goods sold for a lower Price, for a defect for which a lower Price was agreed;

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

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

d) when it results from the nature of the Goods.

VIII. WITHDRAWAL FROM THE CONTRACT

1. Withdrawal from the Contract, meaning the termination of the contractual relationship between Us and You from its inception, may occur for reasons and in ways specified in this article, or in other provisions of the Terms where the possibility of withdrawal is explicitly stated.

2. If you are a consumer, i.e., a person buying Goods outside the scope of their business activities, you have the right, in accordance with the provisions of §1829 of the Civil Code, to withdraw from the Contract without giving a reason within 14 days from the date of delivery of the Goods. If we have concluded a Contract which includes various types of Goods or the delivery of several parts of Goods, this period begins on the day of the last part of the Goods delivery, and in the case that we have concluded a Contract on the basis of which Goods will be delivered to you regularly and repeatedly, it starts on the day of the first delivery. You can withdraw from the Contract in any verifiable manner (especially by sending an email or letter to The addresses listed in Our identification details). You can also use the sample form provided by Us, which is Appendix no. 2 of the Terms.

3. Even as a consumer, however, you cannot withdraw from the Contract in cases where the subject of the Contract is:

   a) Goods whose Price depends on fluctuations in the financial market independent of Our will and may occur during the withdrawal period;

   b) delivery of alcoholic beverages, which can be delivered only after thirty days, and their Price depends on fluctuations in the financial market independent of Our will;

   c) Goods modified according to your wishes or for your person;

   d) Goods subject to rapid deterioration and Goods that were irreversibly mixed with others after delivery;

   e) Goods in closed packaging, which was removed from the package and for hygienic reasons, it is not possible to return;

   f) delivery of audio or video recordings or computer software, if the original packaging was violated;

   g) delivery of newspapers, periodicals, or magazines;

   h) delivery of digital content if it was not delivered on a tangible medium and was delivered with your prior explicit consent before the expiry of the withdrawal period and We informed you that you do not have the right to withdraw from the Contract.

4. The withdrawal period according to Article VIII.2 of the Terms is considered kept if you send us a notification that you are withdrawing from the Contract during this period.

5. In case of withdrawal from the Contract, the Price will be refunded within 14 days from the date of effective withdrawal to the account from which it was credited, or to the account chosen for the withdrawal from the Contract. However, the amount will not be returned before you return the Goods to Us or prove that they were sent back to Us. Please return the Goods to Us clean, possibly including the original packaging.

6. In case of withdrawal from the Contract according to Article VIII.2 of the Terms, you are obliged to send the Goods to Us within 14 days from the withdrawal and bear the costs associated with returning the goods to Us. On the other hand, you are entitled to have Us refund the Price of transport, but only up to the amount corresponding to the cheapest offered delivery method of the Goods that we offered. In case of withdrawal due to Our breach of the concluded Contract, we also pay the costs associated with returning the goods to Us, but again only up to the Price of transport corresponding to the cheapest delivery method of the Goods that we offered during the delivery.

7. You are liable for damage to Us in cases where the Goods are damaged as a result of handling them in a way that is necessary to handle them concerning their nature and properties. The caused damage will be invoiced to you after the Goods are returned to Us, and the due date of the invoiced amount is 14 days. If we have not yet returned the Price, we are entitled to set off the claim for costs against your claim for a refund of the Price.

8. We are entitled to withdraw from the Contract at any time before delivering the Goods to you if there are objective reasons why the Goods cannot be delivered (especially reasons on the part of third parties or reasons related to the nature of the Goods), even before the expiry of the period stated in Article VI.9. Terms. We can also withdraw from the Contract if it is evident that you intentionally provided incorrect information in the Order. If you buy goods as part of your business activities, i.e., as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason.

IX. RESOLUTION OF DISPUTES WITH CONSUMERS

1. We are not bound by any codes of conduct in relation to the buyers as per the provisions of § 1826 paragraph 1 letter e) of the Civil Code.

2. We handle consumer complaints via the email address coffee@evnoiagroup.com. Information about the resolution of the complaint will be sent to the buyer's email address.

3. The Czech Trade Inspection Authority, located at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: http://www.coi.cz, is competent for the out-of-court settlement of consumer disputes arising from the Contract. The platform for online dispute resolution found at http://ec.europa.eu/consumers/odr can be used for resolving disputes between the seller and the consumer buyer from the sales contract concluded electronically.

4. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point according to the Regulation of the European Parliament and Council (EU) No. 524/2013 of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (regulation on online consumer dispute resolution).

X. FINAL PROVISIONS

1. If our and your legal relationship contains an international element (e.g., if we will be sending goods outside the territory of the Czech Republic), the relationship will always be governed by Czech law. However, if you are consumers, this agreement does not affect your rights arising from legal regulations.

2. All written correspondence will be delivered to you via email. Our email address is stated in our identification details. We will deliver correspondence to your email address specified in the Contract, User Account, or through which you contacted us.

3. The contract can only be amended based on our written agreement. However, we are entitled to change and supplement these Terms, but this change will not affect already concluded Contracts, only Contracts that will be concluded after the effectiveness of this change. We will inform you about the change only if you have a created User Account (so that you have this information in case you order new Goods, but the change does not establish a right of termination as we do not have a concluded Contract that could be terminated), or we are to deliver Goods to you regularly and repeatedly based on the Contract. Information about the change will be sent to your email address at least 14 days before the effectiveness of this change. If we do not receive a termination of the concluded Contract for regular and repeated delivery of Goods from you within 14 days of sending the information about the change, the new conditions become part of our Contract and apply to the next delivery of Goods following the effectiveness of the change. The notice period, in case you give notice, is 2 months.

4. In case of force majeure or unpredictable events (natural disaster, pandemic, operational failures, supplier outages, etc.), we are not responsible for damage caused in connection with or due to cases of force majeure, and if the state of force majeure lasts longer than 10 days, both we and you have the right to withdraw from the Contract.

5. Annexed to the Terms is a sample complaint form and a sample contract withdrawal form.

6. The Contract, including the Terms, is archived in electronic form by us but is not accessible to you. However, you will always receive these Terms and the Order confirmation with the Order summary by email, and therefore you will always have access to the Contract without our involvement. We always recommend saving the Order confirmation and Terms.

7. These Terms come into effect on the 1st of November 2023.

 

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ATTACHMENT NO. 1 - COMPLAINT FORM

RECIPIENT:  EVNOIA GROUP, s. r. o.

Filling a complaint

Name and surname:

Date of Contract conclusion:
Name and surname:
Adress:
E-mail address:
Goods being complained about:
Description of Goods's defects:
Proposed method for handling the complaint, or providing a bank account number for a discount:

I also request a confirmation of the complaint filing, stating when I exercised this right, what is the content of the complaint along with my claim, including the date and method of complaint resolution.

 

Date:

Signature:

 

 

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ATTACHMENT NO. 2 - CONTRACT WITHDRAWAL FORM 

Recipient:                 Evnoia Group, s.r. o.

I hereby declare that I am withdrawing from the Contract:

Date of Contract conclusion:
Name and surname:
Address:
Email address:
Specification of the Goods subject to the Contract:
Method for returning the received funds, or providing a bank account number:

 

If the buyer is a consumer, they have the right, in the event that they ordered goods through the company’s e-shop [TO BE COMPLETED] ("Company") or another remote communication means, apart from the cases specified in § 1837 of Act No. 89/2012 Coll., Civil Code, as amended, to withdraw from the already concluded purchase contract within 14 days from the date of goods receipt, without giving any reason and without any penalty. The buyer will notify this withdrawal to the Company in writing to the Company's operating address or electronically to the email specified on the sample form.

If the buyer, who is a consumer, withdraws from the purchase contract, they should send or hand over to the Company without undue delay, no later than 14 days from the withdrawal of the purchase contract, the goods that they received.

If the buyer, who is a consumer, withdraws from the purchase contract, the Company will return, without undue delay, no later than 14 days from the withdrawal of the purchase contract, all monetary funds (the purchase price of the delivered goods) including delivery costs received from him based on the purchase contract, in the same manner. If the buyer chose a different, more expensive method of goods delivery than the cheapest one offered by the Company, the Company will return to the buyer the delivery costs of the goods only in the amount corresponding to the cheapest offered method of goods delivery. The Company is not obliged to return the received monetary funds to the buyer before the buyer hands over the goods or proves that they sent the goods to the Company.

Date:

Signature:

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