General Business Terms and Conditions

I.
Basic provisions

1. These General Business Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”), by

Gessen Group s.r.o., Identification no.: 24283673, Tax identification no.: CZ24283673, with its registered office at Vodičkova 710/31, Prague 1 – Nové Město, Postal code 110 00, entered in the Commercial Register administered by the Municipal Court in Prague, Section C, File 192951; contact information: Uhelný trh 526/6, Prague 1 – Staré Město, Postal code 110 00, e-mail address: zakaznici@captaincandy.cz, telephone no.: 739 287 144, www.captaincandy.cz (hereinafter referred to as the “seller”).

2. These Terms and Conditions govern the mutual rights and obligations of the seller and the natural person who concludes a purchase contract as a consumer outside of his/her business activities or in connection with his/her business activities (hereinafter referred to as the “buyer”) via the web interface placed on the website available at the internet address www.captaincandy.cz (hereinafter referred to as the “internet shop”).

3. The provisions of the Terms and Conditions are an inseparable part of the purchase contract. Differing provisions in the purchase contract have precedence over the provisions of these Terms and Conditions.

4. These Terms and Conditions and the purchase contract are executed in either the Czech or English language.

II.
Information on goods and prices

1. Information on goods, including the statement of prices of individual goods and their main characteristics, are stated for the individual goods in the internet shop catalogue. The prices of goods are stated including value added tax, all associated fees and the costs of returning goods if goods cannot be returned by ordinary post due to the character of such goods. The prices of goods remain valid for the period during which they are displayed in the internet shop. This provision does not exclude the possibility of arranging a purchase contract under individually agreed conditions.

2. The entire presentation of goods placed in the catalogue of the internet shop is of an informative character only and the seller is not obligated to conclude a purchase contract with respect to such goods.

3. Information on the costs associated with the packing and shipping of goods is published in the internet shop. The information on the costs associated with packing and shipping of goods stated in the internet shop is valid only in cases when goods are delivered within the Czech Republic.

4. Possible discounts off the purchase price of goods cannot be combined unless the seller and buyer agree otherwise.

III.
Ordering and conclusion of the purchase contract

1. Costs arising on the part of the buyer when using a remote means of communication in connection with the conclusion of a purchase contract (internet connection costs, costs of telephone calls) shall be paid by the buyer. Such costs shall not differ from the basic rate.

2. The buyer executes orders using the following methods:

  • via his/her customer account if he/she previously registered in the internet shop.
  • by filling out an order form without registration.

3. When entering an order, the buyer selects the goods, the number of units of goods and the payment and delivery methods. If he/she has already established a customer account to which the buyer has assigned credits, he/she may apply the corresponding discount off of the purchase price.

4. Prior to sending the order, the buyer shall be allowed to inspect and change the data that he/she entered in the order. The buyer sends the order to the seller by clicking on the “Finish order” button. The data set forth in the order are considered by the seller to be accurate. A condition for the validity of the order is entry of all mandatory data in the order form and the buyer’s confirmation that he/she is familiar with these Terms and Conditions.

5. Following receipt of the order, the seller shall, without delay, send to the buyer a confirmation of receipt of the order to the e-mail address that the buyer provided when placing the order. This confirmation is automatic and is not considered to be the conclusion of a contract. An attachment of the confirmation comprises the current Terms and Conditions including the seller’s complaint policy. The purchase contract is concluded upon receipt of the order by the seller. A notification of receipt of the order is delivered to the buyer’s e-mail address.

6. In the event that the seller cannot fulfil any of the requirements set forth in the order, the seller shall send an amended offer to the buyer at his/her e-mail address. The amended offer shall be considered a new draft of the purchase contract and the purchase contract is concluded in such case by the buyer’s provision of confirmation of receipt of such offer to the seller at its address set forth in these Terms and Conditions.

7. All orders received by the seller are binding. The buyer can cancel an order if a notification of receipt of the order by the seller is not delivered to the buyer. The buyer can cancel an order by telephone at the seller’s telephone number or in writing by means of e-mail sent to the seller’s e-mail address set forth in these Terms and Conditions.

8. In the event that an obvious technical error occurs on the part of the seller when stating the prices of goods in the internet shop or in the course of ordering, the seller shall not be obligated to deliver to the buyer goods for such completely obviously erroneous prices, even in the case that the buyer was sent an automatic confirmation of receipt of the order pursuant to these Terms and Conditions. The seller shall inform the buyer of the error without undue delay and shall send an amended offer to the buyer at his/her e-mail address. The amended offer shall be considered a new draft of the purchase contract and the purchase contract is concluded in such case by the buyer’s confirmation of receipt sent to the seller’s e-mail address

IV.
Customer account

1. On the basis of the buyer’s registration executed in the internet shop, the buyer can access his/her customer account. The buyer can carry out the ordering of goods from his/her customer account. The buyer can also order goods without registration.

2. When registering in the customer account and when ordering goods, the buyer is obligated to state all data accurately and truthfully. The buyer is obligated to update the data provided in the customer account without delay in the event of any change of such data. The data provided by the buyer in the customer account and when ordering goods are considered by the seller to be accurate.

3. Access to the customer account is secured by a user name and password. The buyer is obligated to maintain confidentiality with respect to the information necessary for accessing his/her customer account. The seller shall bear no responsibility for any misuse of the buyer’s customer account by third parties.

4. The buyer is not authorised to allow the use of his/her customer account by third parties.

5. The seller can cancel the customer account, especially in the case when the buyer does not use his/her customer account for a long period of time or in the case when the buyer breaches his/her obligations arising from the purchase contract and from these Terms and Conditions.

6. The buyer shall bear in mind that the customer account may not be available uninterruptedly, especially with respect to necessary maintenance of the seller’s hardware and software and, as the case may be, maintenance of third parties’ hardware and software.

V.
Payment conditions and delivery of goods

1. The seller can pay the price of goods and the potential costs associated with delivery of the goods according to the purchase contract using the following methods:

  • by payment card
  • by cashless transfer of funds to the seller’s bank account via the thepay payment gateway
  • by means of cash-on-delivery when receiving the goods (this does not apply in the case of express delivery of goods)
  • in cash or by payment card in the case of in-person pickup at the shop located at Uhelný trh 526/6, 110 00 Prague 1 – Staré Město
  • in cash or by payment card in the case of in-person pickup at a Zásilkovna pickup point.

2. Together with the purchase price, the buyer is obligated to pay to the seller the costs associated with packing and shipping the goods in the contractual amount. Unless expressly stated otherwise, this shall be understood to be the purchase price and the costs associated with packing and shipping of the goods.

3. In the case of payment in cash, the purchase price shall be payable upon handover of the goods.

4. In the case of payment by means of a payment gateway, the buyer shall proceed according to the instructions of the relevant provider of electronic payments.

5. In the case of cashless payment, the buyer’s obligation to pay the purchase price is fulfilled at the moment when the relevant amount is credited to the seller’s bank account.

6. The seller shall not demand from the buyer a deposit or other similar payment in advance. Payment of the purchase price prior to shipping of the goods is not a deposit.

7. Pursuant to the Act on Registration of Sales, the seller is obligated to issue a sales receipt to the buyer. At the same time, the seller is obligated to register the sale with the tax administrator online, within 48 hours at the latest in the event of a technical failure.

8. Goods are delivered to the buyer:

  • at the address designated by the buyer in the order
  • via the pickup point at the address of the pickup point designated by the buyer
  • by means of in-person pickup at the shop located at Uhelný trh 526/6, 110 00 Staré Město, Prague.

9. The choice of delivery method shall be specified when ordering goods.

10. The costs of delivery of the goods depending on the shipping method and handover of goods are set forth in the buyer’s order and in the confirmation of the order by the seller. In the event that the shipping method is agreed on the basis of a special requirement of the buyer, the buyer shall bear the risk and the possible additional costs associated with such shipping method.

11. If, according to the purchase contract, the seller is obligated to deliver goods to the place designated by the buyer in the order, the buyer is obligated to accept the goods upon delivery. In the event that, due to reasons on the part of the buyer, it is necessary to repeatedly deliver the goods or to deliver the goods using a method other than that set forth in the order, the buyer shall be obligated to pay the costs associated with such repeated delivery of goods or, as the case may be, the costs associated with the different delivery method.

12. When accepting goods from the shipper, the buyer is obligated to inspect the integrity of the goods’ packaging and, in the event of any defects, notify the shipper of such fact without delay. In the event that damage to the packaging indicating unauthorised penetration of the parcel is observed, the buyer shall not be obligated to accept the parcel from the shipper.

13. The seller shall issue to the buyer a tax document – invoice. The tax document shall be sent to the buyer’s e-mail address.

14. The buyer shall take over the ownership right to the goods by paying the full purchase price including the packing and shipping costs, though upon taking delivery of the goods at the earliest. Responsibility for accidental destruction, damage or loss of the goods is transferred to the buyer at the moment of taking delivery of the goods or at the moment when the buyer had the obligation to take delivery of the goods but failed to do so in conflict with the purchase contract.

VI.
Withdrawal from the contract

1. The buyer has the right to withdraw from the purchase contract without stating a reason within the 14-day period:

  • from the date of receiving the goods
  • from the date of receiving the final shipment of goods if the subject of the contract comprises several types of goods or a multi-part delivery.

2. Among other things, the buyer cannot withdraw from the purchase contract without stating a reason in the case of:

  • delivery of rapidly perishable goods, as well as goods that were irreversibly mixed with other goods following delivery.
  • delivery of goods in a sealed package, which the buyer removed from the package and cannot be returned due to hygienic reasons.
  • in other cases set forth in Section 1837 of the Civil Code.

3. For compliance with the period for withdrawal from the contract, it suffices to send a declaration on withdrawal prior to the expiry of the period for withdrawal from the contract.

4. For withdrawal from the purchase contract, the buyer can use the sample form for withdrawal from the contract, which is an inseparable part of these Terms and Conditions or, as the case may be, of the purchase contract and is set forth following the text of these Terms and Conditions. The buyer can send his/her withdrawal from the purchase contract to the seller’s e-mail or delivery address set forth in these Terms and Conditions. The seller shall send, without delay, confirmation of receipt of the withdrawal notice to the buyer at his/her e-mail address.

5. A buyer who has withdrawn from the contract without stating a reason is obligated to return the goods to the seller before the expiry of the 14-day period following withdrawal from the contract. The buyer shall bear the direct costs associated with the return of the goods to the seller including in the case when the goods cannot be returned by ordinary post due to the nature of such goods.

6. The buyer shall be responsible only from the reduction of the goods’ value due to handling of the goods in a manner other than that which is necessary for determining the nature and characteristics of the goods including the functionality thereof.

7. If the buyer withdraws from the contract, the seller shall return to him/her, without delay, though within 14 days from the date of withdrawal from the contract, all financial resources including packing and shipping costs that the seller received from the buyer and shall do so using the same method. The seller shall return to the buyer the received financial resources using a different method only if the buyer consents to such method and if the buyer does not thereby incur additional costs.

8. If the buyer withdraws from the purchase contract without stating a reason, the seller shall not be obligated to return the financial resources to the buyer before the seller receives the goods from the buyer or before the buyer demonstrates that he/she has sent the goods to the seller.

9. The seller is authorised to withdraw from the purchase contract due to the depletion of stocks or unavailability of the goods or if the producer, importer or supplier of the goods has suspended production or import of the goods. Via the buyer’s e-mail address set forth in the order, the seller shall inform the buyer, without delay, of such fact and shall return to the buyer, within the 14-day period following the notification of withdrawal from the purchase contract, all financial resources including packing and shipping costs that the seller received from the buyer on the basis of the contract, using the same method or, as the case may be, a method designated by the buyer.

VII.
Rights arising from faulty performance

1. The seller is responsible to the buyer for ensuring that the goods are not faulty upon handover. In particularly, the seller is responsible to the buyer for ensuring that, at the time the buyer receives the goods:

  • the goods have the characteristics upon which the parties agreed and if such agreement is lacking, the goods have such characteristics that the seller or producer described or which the buyer expected with respect to the nature of the goods and on the basis of advertising conducted in relation to such goods.
  • the goods are appropriate for the purpose for whose use the seller presented them or for which such type of goods is ordinarily used.
  • the goods correspond to the quality or performance of the sample or model agreed upon by the parties if the quality or performance was determined according to the agreed sample or model.
  • the goods are in the corresponding amount, extent or weight, and
  • the goods fulfil the requirements of the legal regulations.

If a defect becomes evident in the course of six months from acceptance of the goods by the buyer or, as the case may be, during the warranty period pursuant to the following item of these Terms and Conditions, if such warranty period is shorter, the goods shall be considered to have been defective at the time of delivery.

2. The buyer is authorised to exercise his/her right in connection with the defect (i.e. file a complaint/return the goods) which arises in the case of goods in the period of twenty-four months from the acceptance of such goods or, as the case may be, in the period of minimum shelf-life of the goods in undamaged packaging or in the period of usability of the goods following the opening thereof, whereas the shortest of the above-mentioned periods shall apply (hereinafter referred to as the “warranty period”).

3. In the event that a defect occurs, the buyer can file a complaint with the seller and demand:

  • replacement of the defective goods with new goods
  • elimination of the defect of the goods (e.g. in the case of defective packaging of the goods),
  • a proportionate discount off of the purchase price, or
  • withdrawal from the contract

4. The seller informs the buyer that it does not have any place of business; the sales locations set forth in the internet shop are operated by third parties with which the seller conducts business and complaints cannot be filed at such locations with the exception of the sales location at the address Uhelný trh 526/6, 110 00 Prague 1 – Staré Město, where the buyer’s complaints are considered on the part of the seller to be validly filed. The seller is obligated to accept complaints at its registered office. It is possible to file a complaint also via the form in the internet shop or at the sales location at the address Uhelný trh 526/6, 110 00 Prague 1 – Staré Město. The seller is obligated to issue to the buyer a written confirmation of when the seller exercised his/her right, the content of the complaint and the means of resolving the complaint required by the buyer, as well as confirmation of the date and means of resolving the complaint, including confirmation on the execution of a repair and the period of duration thereof or, as the case may be, written rationalisation for rejection of the complaint.

5. The seller or, as the case may be, an employee authorised by the seller shall immediately make a decision about the complaint. The appropriate period necessary for expert assessment of the defect according to the type of goods shall not be included in this period. The complaint, including removal of the defect, must be resolved without delay, no later than within 30 days of the date of filing the complaint, if the seller and buyer do not agree to a longer period. Ineffectual expiry of this period shall be considered a substantial breach of the purchase contract and the buyer shall have the right to withdraw from the purchase contract. The moment of filing the complaint is considered to be the moment when the expression of the buyer’s intention to the seller occurred (exercise of the right arising from faulty performance).

6. The seller shall inform the buyer of the result of the complaint in writing.

7. The right arising from faulty performance shall not pertain to the buyer if, prior to accepting the given item, the buyer knew that the item was defective or if the buyer caused the defect.

8. In the case of a legitimate complaint, the buyer has the right to compensation for the expended costs arising in connection with the filing of his/her complaint. The buyer can exercise this right in relation to the seller within the period of one month following the expiry of the warranty period of the goods.

9. The buyer shall choose the means of filing the complaint.

10. The rights and obligations of the contracting parties with respect to the rights arising from faulty performance are governed by Sections 1914 to 1925 and Section 2099 of the Civil Code and if it is not clear when concluding the purchase contract that the purchase involves the business activities of the buyer, then also Sections 2169 to 2174 of the Civil Code. If the buyer is a consumer, the rights and obligations of the contracting parties are governed also by Act No. 634/1992 Coll., on Consumer Protection.

11. Other rights and obligations of the parties connected with the seller’s responsibility for defects are governed by the seller’s complaint policy, which is an inseparable part of these Terms and Conditions or, as the case may be, of the purchase contract and is binding.

VIII.
Delivery

1. The contracting parties can deliver all correspondence to each other via electronic mail.

2. The buyer shall deliver to the seller correspondence at the e-mail address set forth in these Terms and Conditions. The seller shall deliver to the buyer correspondence at the e-mail address set forth in the buyer’s customer account, in the order and/or in the complaint form.

IX.
Out-of-court resolution of disputes

1. The competent body for out-of-court resolution of consumer disputes arising from the purchase contract is the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Identification no.: 000 20 869, internet address: https://adr.coi.cz/cs. The platform for resolution of disputes online is located at the internet address http://ec.europa.eu/consumers/odr. It is possible to use this platform when resolving disputes between the seller and the buyer arising from the purchase contract.

2. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point according 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 (Regulation on Online Resolution of Consumer Disputes).

3. The seller is authorised to sell goods on the basis of a trade license. Trade inspection is performed by the relevant trade-licensing authority within its competency. The Czech Trade Inspection Authority conducts, among other things and in the defined scope, supervision of compliance with Act No. 634/1992 Coll., on Consumer Protection.

X.
Processing of personal data

1. The seller is authorised to process the buyer’s personal data provided in connection with registration in the internet shop, sending of orders and/or administration of the customer account (hereinafter referred to jointly as “personal data”) for the purposes of (i) assurance of the proper functioning of the internet shop and of the customer account, (ii) fulfilment of the rights and obligations arising from the purchase contract (order), (iii) protection of the seller’s legitimate interests (for example, processing of personal data for statistical purposes or for informing the buyer of the seller’s activities) and (iv) fulfilment of the obligations imposed on the seller by the legal regulations, all at least for the period of duration of the buyer’s registration in the internet shop.

2. In connection with registration in the internet shop, the buyer grants his/her consent to the processing of his/her personal data for the purposes stated in such consent. Such purposes are, in particular, implementation of marketing activities in connection with the internet shop, formulation of surveys, analysis and business statistics with respect to shopping behaviour in connection with the internet shop and sending of commercial messages and invitations to events organised by the seller (hereinafter referred to as “consent to personal data processing”).

3. The buyer is authorised to withdraw his/her consent to personal data processing at any time. Upon delivery of the withdrawal of consent to personal data processing, the seller shall forfeit its authorisation to process the buyer’s personal data for the purposes set forth in the consent to personal data processing.

4. The buyer declares that the provided personal data are accurate and that the seller has provided to him/her information on the processing of personal data by the seller.

XI.
Final provisions

1. All agreements between the seller and the buyer are governed by the law of the Czech Republic. If the relationship founded on the purchase contract contains an international element, the parties shall agree that such relationship is governed by the law of the Czech Republic. The rights of the consumer arising from the generally binding legal regulations are not thereby affected.

2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of Section 1826 (1) (e) of the Civil Code.

3. All rights to the seller’s website, particularly the copyrights relating to the content thereof, including the page layout, photographs, videos, graphics, registered trademarks, logos and other content and elements, belong to the seller. It is prohibited to copy, modify or otherwise use the website or parts thereof without the consent of the seller.

4. The seller shall not bear responsibility for errors arising as a result of interventions of third parties in the internet shop or as a result of its use in conflict with its purpose. When using the internet shop, the buyer may not use processes that could have a negative impact on its operation and may not conduct any activity that could enable the buyer or third parties to, without authorisation, intervene in or use the software or other parts comprising the internet shop or to use the internet shop or parts or software thereof in such a manner that would be in conflict with its functioning or purpose.

5. The buyer hereby assumes the risk of a change of circumstances in the sense of Section 1765 (2) of the Civil Code.

6. The purchase contract including the Terms and Conditions is archived by the seller in electronic form and is not accessible.

7. The seller can change and supplement the text of the Terms and Conditions. The rights and obligations arising on the date of conclusion of the purchase contract, which shall continue to be governed by the version of the Terms and Conditions in effect as of such date, are not affected by this provision.

8. The Complaint Policy forms an annex of these Terms and Conditions.

Complaint form