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General Terms and Conditions

General terms and conditions of Zdravé stravování s.r.o. based in us. Jiřího z Poděbrad 978, 696 62 Strážnice, IČO 29292069, DIČ CZ29292069 for deliveries of chilled meals.

 
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I. Definition of terms

For the purposes of these general terms and conditions, the terms below have the following meanings:

"Seller" is the company Zdravé stravování s.r.o. registered office Jiří z Poděbrad 978, 696 62 Strážnice, ID number 29292069.

"Price list" is the price list issued by the Seller, which determines the prices of individual variants of the Goods. The price list is published on the Seller's website www.zdravestravovani.cz, www.en.zdravestravovani.cz and www.ketojidlo.cz.

"Purchase price" is the price of the Goods, calculated by the Seller as a multiple of the ordered Goods and the price of the Goods or any other additional prices (in the form of surcharges or discounts) determined by the Price List.

"Buyer" is a natural person or legal entity that concludes a purchase contract with the Seller for the supply of Goods through a binding order.

"Goods" are the Seller's products offered on the websites www.zdravestravovani.cz, www.en.zdravestravovani.cz and www.ketojidlo.cz.

II. Goods

  1. The Seller undertakes to produce the Goods according to the Buyer's order, to deliver the Goods to the Buyer to the place designated by the Buyer, and there to hand over the Goods to the Buyer in the manner specified in paragraph 2 of this article. The delivery of the Goods takes place in indicative time schedules, which the Seller will inform the Buyer by telephone when confirming the order. The Buyer acknowledges that other time options for the shipment of the Goods are not possible for logistical reasons and that the driver delivering the Goods cannot change the route of the shipment or wait for the Buyer until he arrives at the place of delivery of the Goods.
  2. The driver delivering the Goods will hand over the Goods to the Buyer in the following ways:
      1. To the Buyer, a person designated by the Buyer or another person present at the place designated by the Buyer as the place of delivery of the Goods,
      2. if there is no person at the place designated by the Buyer as the place of delivery of the Goods to whom the Goods could be handed over, the Goods will be delivered without personal handover by the so-called "hanging on the handle", when it is considered that the Buyer has taken over the Goods at the time of impersonal handover and for the Buyer is obliged to pay the Seller the purchase price for the Goods delivered in this way. The Buyer is informed about the delivery of the Goods in the form of "hanging on the handle" via an SMS message. The seller bears no responsibility for possible loss, theft or deterioration of the goods delivered in this way.
      3. in the event that it is not possible to deliver the Goods even by this alternative method of "hanging on the doorknob", e.g. due to the fact that the delivery address does not exist or the driver is unable to reach the door where he could leave the Goods, the driver will take the Goods back for disposal, while the Goods are deemed to have been delivered to the Buyer by this futile delivery attempt,
      4. to the point of sale during the opening hours of the point of sale. In the event that the Buyer does not pick up the Goods delivered to the point of sale no later than 24 hours from the date of delivery of the notification about the delivery of the Goods to the point of sale, the Goods will be disposed of, while it is considered that the Goods have been delivered to the Buyer.
  3. The risk of damage to the Goods passes to the Buyer at the moment of delivery of the Goods to the Buyer in all the ways specified in paragraph 2 of this article.
  1. The Seller undertakes to inform the Buyer about the current range of Goods via the menu published on the Seller's website zdravestravovani.cz/ www.en.zdravestravovani.cz/ and also about the current price of the Goods or other price conditions via the Price List published on the Seller's website www.zdravestravovani.cz and in the case of the KETO program also on the website The seller www.ketojidlo.cz.
  1. The Seller undertakes to produce the Goods in accordance with the applicable standards and regulations of the Czech Republic using high-quality and fresh raw materials and further undertakes to inform the Buyer about the composition of the Goods, the method of storage of the Goods and instructions for the preparation of the Goods via the label placed on the Goods.
  2. The goods are delivered in a chilled state. The goods must be stored in a cold place until they are consumed under the conditions indicated on the label of the goods. The Seller bears no responsibility for the quality of the Goods if, after the Goods have been handed over to the Buyer, there is a violation of the storage conditions, even if the goods are delivered by "hanging on a handle".
  3. The goods must be consumed by the date indicated on the label of the goods. After opening, the Goods must be consumed immediately.

III. Order

  1. Goods can be ordered in the following way:
    1. on the phone number +420 517 070 333, when the purchase contract is concluded by confirmation of the order by the Seller during the given call, these calls are recorded,
    2. by e-mail to the e-mail addresses listed on the zdravestravovani.cz/ www.en.zdravestravovani.cz/ website and, in the case of the KETO program, also on the Seller's website www.ketojidlo.cz, when the purchase contract is concluded by confirmation of the order by the Seller by telephone or by delivery of the Goods (delivery of Goods only in the case of re-delivery of the Goods, when the Buyer responds with a new order to the Seller's e-mail announcing the approaching end of the previous order),
    3. via the online form located on the zdravestravovani.cz website. After sending the order, a confirmation of the order execution is automatically generated, which is sent to the e-mail specified by the Buyer. The purchase contract will be concluded only after the subsequent telephone confirmation of the order by the Seller.

 Each order placed is a binding proposal by the Buyer to conclude a purchase contract.

  1. The goods can be ordered (except for the KETO program mentioned in paragraph 3 of this article and for the Food for the weekend program mentioned in paragraph 4 of this article) at least 3 working days before the day on which the Buyer requests the goods to be delivered. Orders placed Monday through Thursday after 3:00 p.m., Friday after 2:00 p.m. or on non-working days (Saturday, Sunday, holidays) are considered to have been delivered to the Seller on the nearest working day.
  1. The KETO program can be ordered from Monday for 7 days, 14 days, 21 days or 28 days. The Goods can be ordered at least one week before the day on which the Buyer requests the Goods to be delivered.
  1. The Food for the Weekend program can be ordered at least one week before the weekend on which the Buyer requests the Goods to be delivered.
  1. In the event that the Buyer orders the Goods, the condition for concluding the purchase contract is the acceptance of these general terms and conditions.

IV. Cancellation and change of order

  1. The Buyer is obliged to cancel the Goods or change the order of the Goods by e-mail or by telephone on working days at the following times: Monday to Thursday between 8:00 a.m. and 5:00 p.m. and on Friday between 8:00 a.m. and 2:00 p.m.
  1. Canceling or changing an order for goods is possible at least 3 working days in advance, with the exception of the KETO program and Food for the weekend, when canceling or changing an order is only possible with effect from the following Monday. Cancellations or changes made on a working day outside the time specified in paragraph 1 of this article or on non-working days (Saturday, Sunday, holidays) are considered to have been delivered to the Seller on the nearest working day. Requests for de-registration or changes in a shorter period of time will not be met by the Seller, the Goods will be delivered to the Buyer in accordance with the previous order and the Buyer is obliged to pay the Seller the price for the Goods delivered in this way in full.
  1. If the Buyer properly cancels or changes the order for the Goods, the Seller will make a change/cancellation of the order with the understanding that, unless the Seller and the Buyer agree otherwise and the Buyer is entitled to a refund of a proportional part of the purchase price, the Seller will issue a credit note and this will send the Buyer to the e specified in the order - an email address with a request to indicate the number of the bank connection to which the relevant amount is to be returned. The maturity of the credit note is 30 days from its issuance to the bank account specified by the Buyer according to the previous sentence.

V. Purchase Price

  1. The Buyer undertakes to take over the ordered Goods from the Seller at the place designated by him and to pay the Seller the Purchase Price for these Goods properly and on time. Failure to pay the purchase price is not considered cancellation of the order, the Goods are delivered to the Buyer and the Buyer is obliged to pay the purchase price.
  1. The Seller invoices the Purchase Price to the Buyer with an invoice with a due date within 4 days from the date the invoice is issued. In the case of a new Buyer or in other justified cases, the Seller may set an immediate maturity date for the invoice and condition the delivery of the Goods upon its payment. The Seller issues an invoice to the Buyer on the day the Client orders the Goods and sends the invoice to the Buyer to the e-mail address specified by the Buyer in the order.
  1. The Buyer shall pay the Seller the Purchase Price on the basis of the issued invoice by cashless transfer, online payment by card or any other possible payment methods mentioned in the e-mail with the sent invoice, such as TWISTO, BENEFIT PLUS or Skip Pay (hereinafter referred to as "other payment methods).

Other payment methods are provided by third parties - providers - under conditions set by these providers. The Buyer acknowledges that the Seller is not a party to the contract concluded by the Buyer with the providers of other payment methods and bears no responsibility for any claims of the Buyer from this contract. The Buyer further acknowledges that the evaluation of the Buyer's creditworthiness for the provision of the service of other payment methods is carried out by the relevant service provider and is in no way dependent on the person of the Seller.

  1. The purchase price is considered paid at the time it is credited to the Seller's bank account.
  1. In the event of a delay in payment of the Purchase Price, the Seller is entitled to require the Buyer to pay interest on the delay.
  1. In the event of the Buyer's delay in payment of the Purchase Price, the Seller is entitled to stop the delivery of the ordered Goods with immediate effect. The Seller is also entitled to stop the delivery of the Goods in the event that the Goods cannot be delivered to the Buyer or the Buyer has not picked up the Goods at the point of delivery. Even in such a case, however, the Seller is entitled to payment of the purchase price of the Goods for the period when it is not possible to cancel the order in accordance with Article IV of these terms and conditions, i.e. three working days in advance, respectively for the KETO and Food for the Weekend program until the nearest Monday and the Buyer undertakes to pay this purchase price.

VI. Exceptions

  1. The Seller provides the Buyer with the option of specifying so-called exceptions, when the Buyer requests the Seller to individually modify the Goods with the exclusion of certain foods. The request for exceptions is not a claim on the part of the Buyer, and failure to comply with it on the part of the Seller does not give the Buyer the right to claim responsibility for defects in the Goods. The Seller is entitled at any time to reject the Buyer's request for exceptions, e.g. due to difficulties in production.
  1. The Buyer hereby acknowledges that even in the case of an exception, the Goods may contain food that the Buyer has applied as an exception, especially in the form of so-called cross-contamination (e.g. flavorings, spices, base of sauces, soups).
  1. In case of allergy, intolerance, hypersensitivity or other health problems associated with food (hereinafter collectively referred to as "allergens"), the Buyer is obliged to inform the Seller of this fact immediately. The Seller does not guarantee to the Buyer the delivery of Goods that do not contain allergens or are not contaminated with allergens. For the stated reason, he hereby expressly does not recommend the Buyer to purchase all Goods from the Seller.

In the event that the Buyer persists in taking delivery of the Goods despite the above notice, the Seller may deliver the Goods to such Buyer only under the following conditions: (i) The Buyer expressly declares that he is aware that the Seller does not guarantee to the Buyer that the Goods will not contain allergens or contaminated with allergens, (ii) the Buyer expressly declares that he assumes all responsibility for health damage that may occur to the Buyer due to the delivery of Goods with allergens or their contamination with allergens, (iii) the Buyer grants the Seller consent to the processing of data on his health condition, when these are considered a special category of personal data. The Seller is entitled to unilaterally terminate the purchase of the Goods at any time due to a reassessment of the riskiness of the purchase for the Buyer.

  1. The Seller informs the Buyer about the implementation of exceptions to a reasonable extent through the label on the Goods.

V. Others

 

  1. The contracting parties have agreed that their mutual rights and obligations not regulated by this contract are governed by § 2079 et seq. of Act No. 89/2012 Coll., Civil Code.
  1. The Buyer and the Seller agree that these General Terms and Conditions are part of the purchase contract concluded between the Seller and the Buyer. The buyer declares that he is familiar with the wording of these General Terms and Conditions and that their content is clear and understandable.
  1. In the event that a consumer dispute arises between the Seller and the Buyer, who is a consumer, arising from the contract for the supply of Goods, which cannot be resolved by mutual agreement, the Buyer - consumer can submit a proposal for an out-of-court settlement of such dispute to the designated entity for out-of-court settlement of consumer disputes, which is:

the Czech trade inspection

Central Inspectorate - ADR department

Štěpánská 44

110 00 Prague 1

e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

website: adr.coi.cz

A consumer buyer can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/

  1. These General Terms and Conditions take effect on 20.9. 2023 and may be changed unilaterally by the Seller.

 

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