Terms and conditions

I. Basic provisions

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

ŘÍDÍCÍ SYSTÉMY spol. s r. o.
ID no.: 14869713
VAT no.: CZ14869713
with its registered office at: Jablonecká 648/8, Liberec, 460 01, Czech Republic
registered at the Regional Court in Ústí nad Labem, Section C, File no. 278

Contact data:
Email address: info@cupsle.com
Telephone no.: +420 485 130 303
www.cupsle.com
(hereinafter the “Seller”)

2. These Terms and Conditions govern mutual rights and obligations of the Seller and a natural person concluding a purchase agreement beyond their business activities as a consumer, or within their business activities (hereinafter the “Buyer”) through the web interface located on the website available at https://www.cupsle.com (hereinafter the “Online Shop”).

3. Provisions of the Terms and Conditions form an integral part of a purchase agreement. Deviating arrangements in the purchase agreement take precedence over the provisions of these Terms and Conditions.

 

II. Information about goods and prices

1. Information about goods, including prices of individual goods and their main properties, is listed next to individual goods in the Online Shop’s catalog. Prices of goods are listed with value added tax, all related fees and expenses for the return of goods, if such goods cannot be returned by ordinary mail due to their nature. Prices of goods remain valid for the period for which they are displayed in the Online Shop. This provision does not exclude the possibility to agree on the purchase price under individually agreed conditions.

2. The entire presentation of goods located in the Online Shop’s catalogue in purely informative, and the Seller is not obliged to conclude a purchase agreement regarding these goods.

3. Information about expenses connected with packaging and delivery of goods is published on the Online Shop. This information about expenses connected with packaging and delivery of goods provided on the Online Shop is only applicable if goods are delivered within the Czech Republic.

4. Possible discounts on the purchase price of goods cannot be mutually combined, unless the Seller and the Buyer agree otherwise.

 

III. Order and conclusion of a purchase agreement

1. Any expenses incurred by the Buyer during the use of means of long-distance communication associated with the conclusion of a purchase agreement (costs of Internet connection, costs of phone calls) shall be paid by the Buyer himself. These expenses do not differ from the basic rate.

 2. The Buyer shall confirm his order of goods as follows:

• through his customer account, if he is registered in the Online Shop
• by filling out the order form without registration

3. When placing an order, the Buyer shall select goods, the number of pieces, payment and delivery method.

4. Before placing an order, the Buyer is allowed to check and change the data in the order. The Buyer shall send his order to the Seller by clicking on “SEND ORDER”. The data provided in the order are considered to be correct by the Seller. The condition for validity of the order is that all mandatory data are provided in the order form and the Buyer has confirmed that he has read these Terms and Conditions.

5. Immediately after receipt of an order, the Seller shall send a confirmation of such receipt of the order to the Buyer’s email address provided by the Buyer. This confirmation is considered to be conclusion of the agreement. The purchase agreement is concluded when confirmation of the order is sent to Buyer’s email address.

6. If any requirement mentioned in the order cannot be fulfilled by the Seller, then the Seller shall send a modified offer to Buyer’s email address. This modified offer is considered to be a new proposal of the purchase agreement, and in this case the purchase agreement is concluded by the Buyer’s confirmation of acceptance of this offer sent to the Seller’s email address provided in these Terms and Conditions.

7. All orders accepted by the Seller are binding. The Buyer can cancel an order until he receives a notification that his order was accepted by the Seller. The Buyer can cancel an order by phone at the Seller’s phone number or email provided in these Terms and Conditions.

8. If there is an obvious technical error on the Seller’s side in the listing of the price of goods on the Online Shop or when an order is placed, the Seller is not obliged to deliver the goods for this obviously wrong price to the Buyer. The Seller shall inform the Buyer about the error without undue delay and send a modified offer to Buyer’s email address. This modified offer is considered to be a new proposal of a purchase agreement, and in this case the purchase agreement is concluded by the Buyer’s confirmation of acceptance of this offer sent to the Seller’s email address.

 

IV. Customer account

1. On the basis of the Buyer’s registration in the Online Shop, the Buyer is entitled to access his customer account. The Buyer can order goods via his customer account. The Buyer can also order goods without registration.

2. When creating a customer account and ordering goods, the Buyer shall only provide correct and truthful information. The Buyer shall update the data in his user account in the event of a change. The data provided by the Buyer in his customer account and in orders are considered to be correct by the Seller.

3. Access to the customer account is secured by username and password. The Buyer shall maintain confidentiality regarding the information necessary to access his customer account. The Seller is not liable for any misuse of the customer account by third persons.

4. The Buyer is not entitled to allow third persons to use his customer account.

5. The Seller may cancel the user account, particularly if the Buyer has not used his user account for a long period, or if the Buyer breaches his obligations arising from the purchase agreement and these Terms and Conditions.

6. The Buyer acknowledges that the user account may not be available without interruptions, particularly due to necessary maintenance of Seller’s hardware and software, or the necessary maintenance of third party hardware and software

 

V. Payment terms and delivery of goods

1. The Buyer can pay the price of goods and possible expenses connected with delivery of goods according to the purchase agreement as follows:

• by a cashless transfer to Seller’s bank account : IBAN: CZ4201000000000673541223   BIC (SWIFT) KOMBCZPP at Komerční banka
• cashless by a payment card
• by a cashless transfer to Seller’s bank account using the Comgate payment gate
• using cash-on-delivery upon receipt of goods
• in cash or using a payment card during personal takeover at his business premises

2. Together with the purchase price, the Buyer shall also pay the Seller costs connected with packaging and delivery of goods in the agreed amount. Unless expressly mentioned otherwise, the purchase price also includes costs connected with delivery of goods.

3. In the case of cash payment, the purchase price is due upon the takeover of goods. In the case of cashless payment, the purchase price is due within 10 days of conclusion of the purchase agreement.

4. In the case of payment using a payment gate, the Buyer shall proceed according to instructions of the relevant provider of electronic services.

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

6. The Seller does not require any advance payment or other similar payment from the Buyer. Payment of the purchase price before the dispatch of goods is not an advance payment.

7. According to the Act on the Registration of Sales, the Seller shall issue a receipt to the Buyer. Also, the Seller shall register any received income with the tax administrator online, or within 48 hours in the case of a malfunction.

8. Goods are delivered to the Buyer:

• at the address specified by the Buyer in his order
• through a deliver point at the address of such delivery point specified by the Buyer
• by personal collection at Seller’s business premises

9. The delivery method is selected when the order is placed.

10. Expenses for delivery of goods according to the method of dispatch and handover are listed in the Buyer’s order and the Seller’s order confirmation. If the transportation method is agreed on the basis of the Buyer’s special request, then the Buyer bears the risk and possible additional expenses connected with this transport method.

11. If the Seller is obliged, according to the purchase agreement, to deliver goods to the place defined by the Buyer in his order, then the Buyer shall take the goods over upon delivery. If it is necessary to deliver goods repeatedly or in another way than was specified in the order due to reasons on Buyer’s side, then the Buyer shall pay the expenses associated with the repeated delivery of goods, or expenses associated with the other delivery method.

12. During takeover of goods from the carrier, the Buyer shall check whether the packaging is intact, and he shall immediately notify the carrier in the case of any defects. If a breach in the packaging is discovered, which is evidence of unauthorized intrusion into the consignment, the Buyer is entitled to not accept the goods from the carrier.

13. The Seller shall issue a tax receipt – an invoice for the Buyer. The tax receipt is enclosed with the delivered goods.

14. The Buyer shall acquire title to goods upon payment of the entire purchase price of the goods, including expenses for delivery, but no earlier than upon the takeover of goods. Responsibility for accidental destruction, damage or loss of goods is transferred to the Buyer upon takeover of the goods, or when the Buyer was obliged to take over the goods but did not do so in conflict with the purchase agreement.

 

VI. Withdrawal from the agreement

1. A Buyer concluding a purchase agreement beyond his business activity as a consumer is entitled to withdraw from the purchase agreement.

2. The period for withdrawal from the purchase agreement is 14 days:

• since the day of receipt of the goods
• since the day of receipt of the last shipment of goods, if the subject matter of the agreement includes several types of goods or delivery of several parts
• since the day of receipt of the first shipment of goods, if the subject matter of the agreement is the repeated delivery of goods

3. Among other things, a Buyer cannot withdraw from a purchase agreement:

• on the provision of services, if they were fulfilled with his prior express consent before expiration of the period for withdrawal from the agreement, and the Seller informed the Buyer before conclusion of the agreement that he is not entitled to withdraw from the agreement in this case
• on the supply of goods or a service whose price depends on deviations of the financial market independently from Seller’s will, and which can happen during the period for withdrawal from the agreement
• on the delivery of alcoholic beverages, which may be delivered after the expiration of thirty days and of the price of which depends on deviations in the financial market independently of Seller’s will
• on the supply of goods that were modified according to the Buyer’s wish or for his person
• on the supply of perishable goods, as well as goods that were irreversibly mixed with other goods after delivery
• on the delivery of an audio or video recording or a computer program, if their original package was breached
• on the delivery of newspapers, periodicals or magazines
• on the delivery of any digital content, unless it was delivered on a tangible carrier and delivered with the Buyer’s prior express consent before expiration of the period for withdrawal from the agreement and the Seller informed the Buyer before conclusion of the agreement that he is not entitled to withdraw from the agreement in this case
• on the supply of goods in a closed package that were taken out of the package and used in contact with foodstuff – due to hygienic reasons, it is not possible to return them (Section 1837g of the Act No. 89/2012 Coll. – the Civil Code), e.g. sieves, nets and bowls of dryers, containers of electric pots, foils and cans, vacuum sealers, smokers
• in other cases mentioned in Section 1837 of the Civil Code

4. To meet the deadline for withdrawal from the agreement, the Buyer must send his notice of withdrawal within the term for withdrawal from the agreement.

5. The Buyer shall send his withdrawal to the Seller’s email or delivery address provided in these Terms and Conditions. 

6. A Buyer who withdrew from the agreement shall return the goods to the Seller within 14 days of the withdrawal from the agreement. The Buyer shall bear the costs associated with returning the goods to the Seller, even when the goods cannot be returned using ordinary mail because of their nature.

7. If the Buyer withdraws from the agreement, the Seller shall immediately return all payments including delivery costs received from the Buyer in the same way, but no later than within 14 days of the withdrawal from the agreement. The Seller shall only return the received payments to the Buyer in another way if the Buyer agrees and if this will not result in additional expenses.

8. If the Buyer selected a method of delivery of goods other than the cheapest available method offered by the Seller, the Seller shall return costs for delivery of goods to the Buyer in the amount corresponding to the cheapest offered delivery method.

9. If the Buyer withdraws from the purchase agreement, then the Seller is not obliged to return received payments before the Buyer returns the goods to the Seller, or before the Buyer proves that he has sent the goods to the Seller.

10. The Buyer shall return the goods to the Seller without any damage, unworn and clean, and in original package, if possible. The Seller is entitled to unilaterally set off any claim for compensation of damage to the goods against the Buyer’s claim for a refund of the purchase price.

11. The Seller is entitled to withdraw from the purchase agreement in the event of sold out, or unavailable goods, or when the manufacturer, importer and/or supplier of goods suspend their manufacture or import of goods. The Supplier shall immediately inform the Buyer via the email address provided in the order and return all payments including delivery costs received from the Buyer on the basis of the agreement to the Buyer within 14 days of the notice of withdrawal from the purchase agreement, in the same way or as specified by the Buyer.

 

VII. Rights arising from defective performance

1. The Seller is responsible for making sure that the goods do not have any defects during takeover. The Seller is particularly responsible for making sure that when the Buyer takes over the goods:

• they have the properties agreed by the parties, and if there is no such agreement, that they have the properties described by the Seller or manufacturer, or expected by the Buyer with regard to the nature of the goods and on the basis of advertising
• they are suitable for the purpose mentioned by the Seller, or for which goods of this type are usually used
• they are in compliance with the quality or execution of the agreed sample or template, if the quality or execution was determined according to an agreed sample or template
• they are in the right quantity, measure or weight
• they are in compliance with requirements of the law

2. If any defect is manifested during six months since the takeover of the goods by the Buyer, the goods shall be considered to have been defective during the takeover. The Buyer is entitled to exercise his right arising from a defect in consumer goods within twenty-four months since the takeover. This provision shall not apply to goods sold for a lower price due to a defect for which the lower price was agreed, any wear and tear caused by their ordinary use, used goods due to a defect corresponding to the extent of use or wear and tear that the goods had during their takeover by the Buyer, or if it is to be expected due to the nature of the goods.

3. If there is a defect, the Buyer is entitled to lodge his complaint with the Seller and request:

• an exchange for new goods
• repair of the goods
• a proportionate discount from the purchase price
• withdrawal from the agreement

4. The Buyer is entitled to withdraw from the agreement:

• if the goods have a material defect
• if they cannot be used properly due to a repeated occurrence of the defect or defects after repair
• if there are multiple defects

5. The Seller shall receive the complaint in any business premises where it is possible to receive the complaint, or in his registered office or place of business. The Seller shall issue a written confirmation to the Buyer that the Buyer has exercised his right, the content of the complaint and what method of processing of the complaint the Buyer requires, as well as confirmation of the date and method of processing of the complaint, including confirmation of the repair and its duration, or a written justification of why the complaint was rejected.

6. The Seller or his appointed employee shall decide on the complaint immediately, or within three working days in difficult cases. This period does not include the reasonable period according to the type of product or service that is necessary to professionally assess the defect. Complaints, including remedy of the defect, must be resolved immediately, no later than within 30 days since the complaint was lodged, unless the Seller agrees on a longer period with the Buyer. Failure to settle the complaint within this period is considered to be a material breach of the agreement, and the Buyer is entitled to withdraw from the purchase agreement. The moment when the complaint was lodged is considered to be the moment when the expression of the Buyer’s will (exercising his right arising from defective performance) is delivered to the Seller.

7. The Seller shall inform the Buyer of the result of the complaint in writing.

8. The Buyer does not have any rights arising from defective performance if he has known that the goods are defective before their takeover, or if the Buyer has caused the defect.

9. In the case of a justified complaint, the Buyer is entitled to compensation of purposefully spent expenses incurred in connection with this complaint. The Buyer is entitled to exercise this right against the Seller within one month after expiration of the warranty period.

10. The Buyer is entitled to select the method of complaint.

11. Rights and obligations of the contracting parties regarding the rights arising from defective performance shall be governed by 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.

 

VIII. Deliveries

1. The contracting parties can mutually deliver all written correspondence through electronic mail.

2. The Buyer shall deliver communications to the Seller’s email address provided in these Terms and Conditions. The Seller shall deliver communications to the Buyer’s email address provided in his customer account or in the order.

 

IX. Extrajudicial dispute resolution

1. The Czech Trade Inspection Authority with its registered office at Štěpánská 567/15, 120 00 Prague 2, Czech Republic, ID no.: 000 20 869, Internet address: https://adr.coi.cz/cs, is competent to extrajudicially resolve consumer disputes arising from the purchase agreement. The platform for online dispute resolution is located at http://ec.europa.eu/consumers/odr, and it can be used to resolve disputes between the Seller and the Buyer arising from the purchase agreement.

2. The European Consumer Centre of the Czech Republic, with the registered office at Štěpánská 567/15, 120 00 Prague 2, Czech Republic, internet address: http://www.evropskyspotrebitel.cz is the contact place 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 consumer online dispute resolution).

3. The Seller is authorized to sell goods according to their trade licence. Trade inspection is performed by the competent trade licencing office within its powers. The Czech Trade Inspection Authority also performs a limited supervision over compliance with Act no. 634/1992 Coll., on consumer protection.

 

X. Final provisions

1. All arrangements between the Seller and the Buyer are governed by the laws of the Czech Republic. If any relationship established by the purchase agreement contains an international element, then the parties agree that the relationship shall be governed by the laws of the Czech Republic. This shall not affect consumer rights arising from generally applicable laws.

2. The Seller is not bound by any codes of conduct in relation to the Buyer according to Section 1826 par. 1, subparagraph e) of the Civil Code.

3. All rights to the Seller’s websites, particularly copyrights to the content, including the layout of pages, photos, videos, graphics, trademarks, logos and other contents and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the websites or their part without Seller’s consent.

4. The Seller is not liable for any errors caused by interventions of third persons to the Online Shop or due to its use in conflict with its purpose. The Buyer shall not use any procedures that could have a negative impact on its operation when using the Online Shop, and he shall not perform any activity that could allow him or third persons to illegally intervene or illegally use the software or other parts forming the Online Shop and use the Online Shop or its parts or software in a way that is in conflict with its intent or purpose.

5. The Buyer hereby assumes the risk of change in circumstances pursuant to Section 1765 par. 2 of the Civil Code.

6. The purchase agreement with the Terms and Conditions is archived by the Seller electronically and is not accessible.

7. The Seller is entitled to change or amend the content of the Terms and Conditions. This provision is without prejudice to the rights and obligations established during the force of the previous version of the Terms and Conditions.

8. A template form for withdrawal from the agreement forms an annex to these Terms and Conditions.

 

These Terms and Conditions shall come into force on January 1, 2021