Terms and Conditions

GENERAL TERMS AND CONDITIONS

 

These general terms and conditions ("Terms") of PURELAND Food s.r.o., with its registered office at Korunní 2569/108, 101 00, Prague 10, ID No. 09946659, registered in the Commercial Register under file No. C 345185 at the Municipal Court in Prague, email: info@amazonia.cz, phone number: 735092250 ("We" or "Seller") govern, in accordance with Section 1751 (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 with or on the basis of a purchase contract ("Contract") concluded through the E-shop on the website www.amazonia.cz.

All information regarding the processing of your personal data is contained in the Personal Data Processing Principles, which can be found here:https://www.amazonia.cz/en/gdpr/.

The provisions of these Terms are an integral part of the Contract. The Contract and Terms are drafted in the Czech language. We may unilaterally change or amend the wording of the Terms. This provision does not affect the rights and obligations arising during the validity of the previous version of the Terms.

 

As you are aware, we primarily communicate remotely. Therefore, our Contract stipulates that remote communication means are used, allowing us to agree without the simultaneous physical presence of both you and us, and thus the Contract is concluded remotely via the E-shop environment, through the website interface ("E-shop web interface").

If any part of the Terms contradicts what we have mutually agreed upon during the process of your purchase in our E-shop, that specific agreement will take precedence over the Terms.

 

I. SOME DEFINITIONS

1. Price is the financial amount you will pay for the Goods;
2. Shipping Price is the financial amount you will pay for the delivery of the
   
   Goods, including the cost of packaging;
3. Total Price is the sum of the Price and the Shipping Price;
4. VAT is the value-added tax according to applicable legal regulations;
5. Invoice is a tax document issued in accordance with the law on value-added tax for the Total Price;
6. Order is your binding proposal to conclude a Contract to purchase Goods with us;
7. User Account is an account set up based on the information you provided, which allows the retention of entered data and keeps a history of ordered Goods and concluded Contracts;
8. You are the person purchasing on our E-shop, referred to by legal regulations as the buyer;
9. Goods are everything that you can purchase on the E-shop.

 

II. GENERAL PROVISIONS AND INSTRUCTIONS 

1. Purchasing Goods is possible only through the E-shop web interface.
2. When purchasing Goods, it is your obligation to provide all information correctly and truthfully. The information you provide in the Order will be considered correct and truthful.
3. On our E-shop, we also provide access to reviews of Goods made by other consumers. We ensure and verify the authenticity of such reviews by linking reviews to specific orders, thus in our internal system, each review is connected to an order ID, which allows us to verify and prove that the review comes from a real consumer.

 

III. CONCLUSION OF THE CONTRACT 

1. The Contract with us can only be concluded in the Czech language.
2. The Contract is concluded remotely via the E-shop, and you bear the costs of using the remote communication means. However, these costs do not differ from the basic rate you pay for using these means (mainly internet access); no additional costs charged by us should be expected.
3. By submitting an Order, you agree that we use remote communication means. To conclude the Contract, you need to create an Order on the E-shop. This proposal must include the following information:

   1. Information about the Goods being purchased (you indicate the Goods you are interested in purchasing on the E-shop by clicking the "Add to cart" button);
   2. Information about the Price, Shipping Price, method of payment of the Total Price, and requested method of delivery of the Goods; these details will be entered during the Order creation within the user environment of the E-shop, and information about the Price, Shipping Price, and Total Price will be displayed automatically based on the Goods you choose, the method of their delivery, and payment;
   3. Your identification and contact details necessary for the delivery of Goods, especially name, surname, delivery address, phone number, and email address.

4. During the creation of the Order, you can change and verify the details until the Order is finalized. After conducting the verification by pressing the "ORDER with payment obligation" button, you finalize the Order. However, before pressing the button, you must also confirm your acquaintance with and consent to these Terms, otherwise, the Order cannot be finalized. A checkbox is used for confirmation and consent. After pressing the "Order with payment obligation" button, all filled-in information will be sent directly to us.
5. 
We will confirm your Order as soon as possible after it is received by 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 as an email attachment. The Terms effective on the date of the Order, i.e., the version attached as an email confirmation attachment, form an integral part of the Contract. By confirming the Order, a Contract is concluded between you and us.
6. There may also be cases where we cannot confirm the Order. This particularly concerns situations where the Goods are not available or when you order more units of Goods than we allow. However, we always provide you with information about the maximum number of Goods in advance on the E-shop, so this should not be surprising to 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 at the moment when you confirm our offer.
7. 
In the event that an obviously incorrect Price is stated in the E-shop or in the Order, we are not obliged to deliver the Goods to you at this Price even if you have received the Order confirmation and thus a Contract has been 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. The new Contract is then concluded at the moment when you confirm our offer. An obvious error in the Price is considered, for example, when the Price does not correspond to the usual price with other sellers or a digit is missing or extra.
8. In the event that a Contract is concluded, you are obliged to pay the Total Price.
9. If you have a User Account, you may place an Order through it. However, even in this case, you have the obligation to check the correctness, truthfulness, and completeness of the pre-filled details. The method of creating an Order is, however, the same as in the case of a buyer without a User Account, but the advantage is that you do not need to repeatedly enter your identification details.
10. In some cases, we allow you to use a discount for purchasing Goods. To provide the discount, you need to fill in the details about this discount in a designated field during the creation of the Order. If you do this, the Goods will be provided to you 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 obligation to provide all entered details correctly and truthfully and to update them in the event of any changes.
3. Access to the User Account is secured with a username and password. Regarding these access details, it is your obligation to maintain confidentiality and not to provide them to anyone. If they are misused, 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 may cancel your User Account, especially if you do not use it for more than 12 months, or in the case that you breach your obligations under the Contract.
6. The User Account may not be continuously available, especially in light of necessary maintenance of hardware and software equipment.

 

V. REVIEWS

1. On our sales channels or social networks, you may find reviews from our customers. Reviews can only be written by customers who have actually purchased the product from us.
2. We verify this through the company Heuréka (each order is linked with a unique link for review, more information can be found here).
3. For inclusion in the Verified by Customers program, we use a tool from Heureka Group a.s., located at Karolinská 706/3, Prague 8 – Karlín, ID No. 078 22 774. To verify your satisfaction with the purchase, we pass your email address to the company Heureka, unless you prohibit this during the purchasing process. You can object to this at any time.
4. Reviews can also be given by customers who purchased through our online store, based on an email we send to customers within a week of the delivery of the goods. All reviews are also checked and approved by us as the provider of the online store. It is not possible for a customer who did not purchase the product from us to leave a review.

 

VI.PRICING AND PAYMENT TERMS, RESERVATION OF OWNERSHIP
 

1. The Price is always indicated within the E-shop, in the proposal of the Order, and of course, in the Contract. In case of a discrepancy between the Price indicated for the Goods within the E-shop and the Price indicated in the proposal of the Order, the Price indicated in the proposal of the Order, which will always be identical to the price in the Contract, will apply. The proposal of the Order also includes the Shipping Price, and the conditions under which shipping is free.
2. 
The Total Price is indicated including VAT and all fees set by law.
3. We will require payment of the Total Price from you after the conclusion of the Contract and before handing over the Goods. You can make payment of the Total Price in the following ways:
   1. Bank transfer. We will send you the information for making the payment as part of the Order confirmation. In case of payment by bank transfer, the Total Price is due within 7 days.
   2. Online card. In this case, the payment takes place through the GoPay payment gateway, and the payment is governed by the conditions of this payment gateway, which are available at the address: https://www.pays.cz/docs/obchodni_podminky.pdf. In case of online card payment, the Total Price is due within 7 days.
   3. Cash on delivery. In this case, payment occurs at the time of delivery of the Goods against the handing over of the Goods. In case of payment by cash on delivery, the Total Price is due at the time of receipt of the Goods.
4. 
An invoice will be issued in electronic form after the payment of the Total Price and will be sent to your email address. The invoice will also be available in the User Account.
5. The ownership right to the Goods passes to you only after you pay the Total Price and take over the Goods. In the case of payment by bank transfer, the Total Price is considered paid upon crediting to our account; in other cases, it is considered paid at the moment of making the payment.

 

VII. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO THE GOODS

1.  The Goods will be delivered to you no later than 30 days by the method of your choice, whereby you can choose from the following options:
   1. Personal collection at the collection points of the company Zásilkovna, Balíkovna.
   2. Delivery through the transport companies Česká pošta, PPL CZ, GLS, Zásilkovna;
2. Goods can be delivered within the Czech Republic and Slovakia.
3. The delivery time of the Goods always depends on their availability and the chosen method of delivery and payment. The estimated delivery time of the Goods will be communicated to you in the Order confirmation. The time stated in these Terms is only indicative and may differ from the actual delivery time. In case of personal collection at the facility, we will always inform you 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 to immediately report any defects to the carrier and to us. In case of damage to the packaging that indicates unauthorized handling and entry into the shipment, you are not obliged to take over the Goods from the carrier.
5. In case you breach your obligation to take over the Goods, except in cases according to Article 4 of the Terms, this does not result in a breach of our obligation to deliver the Goods to you. Moreover, your failure to take over the Goods does not constitute withdrawal from the Contract between you and us. However, in such a case, we have the right to withdraw from the Contract due to your substantial breach of the Contract, or alternatively to store the Goods, for which we are entitled to compensation from you. If we decide to withdraw from the Contract, the withdrawal is effective on the day we deliver this withdrawal to you. Withdrawal from the Contract does not affect the right to charge the Shipping Price, or the right to compensation for damages, if any occurred.
6. If, for reasons arising on your part, the Goods are delivered repeatedly or in a different manner than was agreed in the Contract, you are obliged to reimburse us for the costs associated with this repeated delivery. We will send you the payment details for these costs to your email address stated in the Contract, and they are due 14 days from the delivery of the email.
7. The risk of damage to the Goods passes to you at the moment you take them over. In case you do not take over the Goods, except in cases according to Article 4 of the Terms, the risk of damage to the Goods passes to you at the moment when you had the opportunity to take them over, but did not do so for reasons on your part. The transfer of the risk of damage to the Goods means that from this moment, you bear all the consequences associated with the loss, destruction, damage, or any depreciation of the Goods.
8. In the event that the Goods were not listed as in stock in the E-shop and an indicative availability time was stated, we will always inform you in the event of:
   1. an extraordinary outage in the production of the Goods, in which case we will always inform you of the new expected availability time or information that it will not be possible to deliver the Goods;
   2. a delay in the delivery of the Goods from our supplier, in which case we will always inform you of the new expected delivery time.

 

VIII. RIGHTS FROM DEFECTIVE PERFORMANCE


1. We guarantee that at the time of the transfer of the risk of damage to the Goods according to Article 7 of the Terms, the Goods are without defects, in particular, that the Goods:
   1. correspond to the agreed description, type, and quantity, as well as quality, functionality, compatibility, interoperability, and other agreed properties;
   2. are suitable for the purpose for which you require them and with which we agree;
   3. are delivered with the agreed accessories and instructions for use, including instructions for assembly or installation;
   4. are suitable for the purpose for which Goods of this type are usually used;
   5. in terms of quantity, quality, and other properties, including durability, functionality, compatibility, and safety, correspond to the usual properties of Goods of the same type that you can reasonably expect, also taking into account public statements made by us or another person in the same contractual chain, especially in advertising or labeling;
   6. are delivered with accessories, including packaging, assembly instructions, and other instructions for use, which you can reasonably expect; and
   7. correspond in quality or execution to the sample or model that was provided to you before the conclusion of the contract.
2. Rights and obligations regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of § 2099 to 2117 and § 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended).
3. In case the Goods have a defect, i.e., in particular, if one of the conditions according to Article 1 is not met, you can notify us of such a defect and assert rights from defective performance (i.e., claim the Goods) by sending an email or letter to our addresses stated in our identification details. For the claim, you can also use a sample form provided by us, which forms Annex No. 1 of the Terms. In asserting the right from defective performance, you need to choose how you want the defect to be resolved, and you cannot change this choice subsequently without our consent. We will handle the claim in accordance with the right from defective performance asserted by you.

4. If the Goods have a defect, you have the following rights:

   1. to eliminate the defect by delivering new Goods without a defect, or by delivering a missing part of the Goods; or
   2. to eliminate the defect by repairing the Goods,

unless the chosen method of elimination of the defect is impossible or disproportionately costly compared to the other method, which is assessed mainly with regard to the significance of the defect, the value that the Goods would have without the defect, and whether the other method can eliminate the defect without significant difficulties for you.

e. We are entitled to refuse to eliminate the defect if it is impossible or disproportionately costly, especially with regard to the significance of the defect and the value that the Goods would have without the defect.

f. Furthermore, you have the right to:

i. a reasonable discount on the Price; or

ii. a withdrawal from the Contract,

if:

i. we refuse to eliminate the defect or do not eliminate it in accordance with legal regulations;

ii. the defect manifests repeatedly,

iii. the defect constitutes a substantial breach of the Contract; or

iv. it is evident from our statement or the circumstances that the defect will not be eliminated within a reasonable time or without significant difficulties for you.

g. The right to withdraw from the Contract does not apply in case the defect of the Goods is insignificant.

h. In case you caused the defect on the Goods yourself, you are not entitled to rights from defective performance.

i. Wear and tear of the Goods caused by their usual use, or in the case of used Goods, wear and tear corresponding to the extent of their previous use, is not considered a defect of the Goods.

j. When you file a claim, we will issue a written confirmation stating:

i. the date when you filed the claim;

ii. the content of the claim;

iii.  the method of handling the claim you request.

iv. Your contact details for the purposes of providing information about the handling of the claim.

k. Unless we agree on a longer period, we will eliminate defects within 30 days of receiving the claim and provide you with information about the handling of the claim to the contact details provided. If this period expires in vain, you can withdraw from the Contract or request a reasonable discount.

l. We will inform you about the handling of the claim by email and issue a confirmation of the date and method of handling the claim. If the claim is justified, you are entitled to reimbursement of the costs reasonably incurred. You are required to prove these costs, e.g., with receipts or confirmations of the price for transportation. In case the defect is eliminated by delivering new Goods, it is your obligation to return the original Goods to us, however, we bear the costs of this return.

m. If you are entrepreneurs, it is your obligation to report and point out the defect without undue delay after you could have detected it, but no later than within three days of receiving the Goods.

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

IX. WITHDRAWAL FROM THE CONTRACT

1. Withdrawal from the Contract, i.e., the termination of the contractual relationship between you and us from its beginning, can occur for reasons and in the ways stated 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 purchasing Goods outside the scope of your business activity, in accordance with the provision of §1829 of the Civil Code, you have the right to withdraw from the Contract without giving a reason within a period of 14 days from the day of conclusion of the Contract, or, if it involves the purchase of goods, then within fourteen days of their receipt. In case we have concluded a Contract, the subject of which is several pieces of Goods or the delivery of several parts of the Goods, this period begins to run from the day of delivery of the last piece or part of the Goods, and in case we have concluded a Contract, based on which we will deliver Goods to you regularly and repeatedly, it starts from the day of delivery of the first delivery.
3. You can withdraw from the Contract in any provable manner (in particular by sending an email or letter to our addresses stated in our identification details). For withdrawal, you can also use a sample form provided by us, which forms Annex No. 2 of the Terms.
4. However, even as a consumer, you cannot withdraw from the Contract in cases where the subject of the Contract is the performance stated in § 1837 of the Civil Code.
5. The deadline for withdrawal according to Article 2 of the Terms is considered to be preserved if you send us a notification that you are withdrawing from the Contract during its course.
6. In case of withdrawal from the Contract according to Article 2 of the Terms, you are obliged to send us the Goods within 14 days from the withdrawal and bear the costs associated with returning the goods to us. Conversely, you are entitled to us returning the Price for shipping, but only to the extent corresponding to the cheapest offered method of delivery of the Goods, which we offered for the delivery of the Goods. In case of withdrawal due to our breach of the concluded Contract, we bear the costs associated with returning the goods to us, however, again only up to the amount of the Price for shipping corresponding to the cheapest offered method of delivery of the Goods, which we offered at the delivery of the Goods.
7. In case of withdrawal from the Contract, the Price will be returned to you within 14 days from the day the withdrawal becomes effective to the account from which it was credited, or to an account chosen by you for the withdrawal from the Contract. However, the amount will not be returned before we receive the Goods, or you prove that they were sent back to us. Please return the Goods clean, if possible including the original packaging.
8. In case of withdrawal from the Contract according to Article 2 of the Terms, you are liable to us for the reduction in the value of the Goods, which occurred as a result of handling the goods in a manner other than is necessary to familiarize yourself with the nature, properties, and functionality of the Goods, i.e., in a manner in which you would familiarize yourself with the Goods in a brick-and-mortar store. If we have not yet returned the Price to you, we are entitled to offset the claim for costs against your claim for the return of the Price.
9. We are entitled to withdraw from the Contract at any time before we deliver the Goods to you if there are objective reasons why it is not possible to deliver the Goods (in particular reasons on the part of third parties or reasons related to the nature of the Goods), and even before the expiration of the period stated in Article 9 of the Terms. We may also withdraw from the Contract if it is evident that you have intentionally provided incorrect information in the Order. In case you purchase goods within the scope of your business activity, i.e., as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason.

 

X. RESOLUTION OF DISPUTES WITH CONSUMERS

1. We are not bound by any codes of conduct towards buyers in the sense of the provision of § 1826 paragraph 1 letter e) of the Civil Code.
2. We handle complaints from consumers through the electronic address info@amazonia.cz. We will send information about the handling of the complaint to the electronic address of the buyer.
3. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No: 000 20 869, internet address: http://www.coi.cz, is competent for the out-of-court resolution of consumer disputes from the Contract. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer who is a consumer, from a purchase contract concluded by electronic means.
4. 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 the Regulation of the European Parliament and the Council (EU) No. 524/2013 of 21 May 2013 on online resolution of consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (regulation on online resolution of consumer disputes).

 

XI. FINAL PROVISIONS

1. If our and your legal relationship contains an international element (for example, if we are 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. We will deliver all written correspondence to you by electronic mail. Our email address is stated in our identification details. We will deliver correspondence to your email address stated in the Contract, in the User Account, or through which you contacted us.
3. The Contract can be changed only based on our written agreement. However, we are entitled to change and supplement these Terms, but this change does not affect already concluded Contracts, but only Contracts that will be concluded after the effectiveness of this change. We will send you information about the change 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 deliveries 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 submit a notice is 2 months.
4. In case of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, outages of subcontractors, etc.), we are not responsible for damage caused as a result or in connection with cases of force majeure, and if the state of force majeure lasts for more than 10 days, both you and we have the right to withdraw from the Contract.
5. Annexes to the Terms include a sample form for claims and a sample form for withdrawal from the Contract.
6. The Contract including the Terms is archived in electronic form with us, but it is not accessible to you. However, you will always receive these Terms and the confirmation of the Order with a summary of the Order by email, and you will therefore always have access to the Contract even without our cooperation. We recommend always saving the confirmation of the Order and the Terms.
7. These Terms are effective from 1.1.2023.