GENERAL TERMS AND CONDITIONS of The Miners Roasters s.r.o., Moskevská 516/49, Vršovice, 101 00 Prague 10, ID No.: 09096159, registered at the Municipal Court in Prague, Section C, Insert 330857, for the sale of goods through the online shop located at https://www.theminers.eu
1. CONTACT DETAILS
1.1 The e-shop operator:
The Miners Roasters s.r.o.
Registered office: Moskevská 516/49, Vršovice, 101 00 Prague 10 (hereinafter referred to as " registered office address")
the company registered in the Commercial Register, Section C, Insert: 330857 at the Municipal Court in Prague, represented by Oldřich Valta, Managing Director (hereinafter referred to as the „Seller“)
ID NO.: 09096159
tel: 00420 723 944 740
The Miners JZP at Slavíkova 1611/5, 120 00 Prague 2, opening hours Monday to Friday 9:00 - 15:00, The Miners Churchill, at Italská 2584/69, 120 00 Prague 2, opening hours Monday to Friday 9:00 - 15:00. +420 277 771 3211.3Banking connection:
Bank account number for payments in CZK: 5930604399/0800
Bank account number for payments in EUR: BE14967176639083
2. SCOPE OF VALIDITY AND APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS
2.1 These General Terms and Conditions of Business (hereinafter referred to as "GTC") of The Miners Roasters s.r.o., with registered office at Moskevská 516/49, Vršovice, 101 00 Prague 10, ID No.: 09096159, registered with the Municipal Court in Prague, Section C, Insert 330857 (hereinafter referred to as "The Miners Roasters s.r.o. " or "we") regulate in accordance with Section 1751(1) of Act No. 89/2012 Coll, Civil Code (hereinafter referred to as "Civil Code"), the mutual rights and obligations of the parties arising in connection with or pursuant to a purchase contract (hereinafter referred to as "Purchase Contract") concluded between us and consumers or entrepreneurs (hereinafter referred to as "Customer" or "you") through our online shop at: https://www.theminers.eu.
2.2If there is an international element, we agree that the legal relationship between us will be governed by the law of the Czech Republic, in particular the Civil Code. However, by making this choice of law in accordance with Article 3 of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (hereinafter referred to as "Rome I"), the consumer shall not be deprived of the protection afforded by the provisions of the law of the country of his habitual residence pursuant to Article 6(2) of Rome I.
2.3 The online shop is operated by us on a website located at https://www.theminers.eu (hereinafter referred to as the "Website"), through a website interface (hereinafter referred to as the "Shop Web Interface").
2.4 Any natural person who, outside the scope of his/her business activity or outside the scope of his/her independent exercise of his/her profession, concludes a purchase contract with us or otherwise legally deals with us (hereinafter referred to as "consumer") is considered a consumer.
2.5 Any natural person or legal entity (e.g. company, cooperative, institute) who independently carries out a gainful activity on their own account and responsibility on the basis of a trade license or otherwise with the intention of engaging in this activity on a regular basis for profit (hereinafter referred to as "business activity") is considered to be an entrepreneur. This person enters into a purchase contract with us or otherwise deals legally with us in the course of his business activity (hereinafter referred to as the "Business"). We are guided by the principle that the provisions of these GTC applicable to entrepreneurs apply to the customer who provides his/her VAT number in the order.
2.6By submitting an order (the "ORDER WITH PAYMENT OBLIGATION" button), you confirm that you have read the GTC, including the notices to consumers before entering into a purchase contract under these GTC and expressly agree to them in the version valid and effective at the time of this confirmation.
3. NOTICES TO CUSTOMERS PRIOR TO THE CONCLUSION OF THE PURCHASE CONTRACT
3.1 The Seller is authorized to sell goods under a trade license. Trade control is carried out within the scope of its competence by the competent trade authority. Supervision of the protection of personal data is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
3.2 All photographs and videos on the website are for illustrative purposes only.
3.3 The goods offered by us on the website of the online shop https://www.theminers.eu and a description of their main features are available for the respective goods. The prices of the goods are inclusive of VAT, including statutory charges, excluding shipping charges. We do not charge any additional costs for telecommunications (e.g. if you call us on our telephone number, you will only pay your normal telephone call rate).
3.4 The specific terms of payment methods and shipping options are described in more detail during the order process. We provide the option of personal collection of the goods at our branches, or we will deliver the goods to you via a carrier.
3.5 By submitting an order by pressing the "ORDER WITH PAYMENT OBLIGATION" button in our online shop, the customer creates a binding order, which obliges the customer to pay. The customer has the possibility to check and correct or change his order before sending the order, as described in more detail in section 6 of these GTC. 3.6 The Customer's rights under defective performance or warranty and the conditions for exercising them are described in section 11 of these GTC or in our Complaints Procedure.
4. COMMUNICATION TO CONSUMERS BEFORE THE CONCLUSION OF THE PURCHASE CONTRACT
4.1 The consumer customer has the right to withdraw from the contract of sale without giving reasons (unless otherwise stated) within a period of 14 days, which starts at the latest:
4.11 in the case of a purchase contract from the date of receipt of the goods, or
4.1.2 in the case of a contract of sale with delivery in multiple units/parts, from the date of receipt of the last delivery of the goods, or
4.1.3 in the case of a contract of sale subject to regular recurring deliveries of goods, from the date of receipt of the first delivery of goods;
provided that the consumer has the right to withdraw from the purchase contract even before the time specified in Articles 4.1.1 to 4.1.3 by notifying us of his intention to withdraw from the purchase contract, e.g. by means of the withdrawal form or by sending an e-mail to email@example.com.
4.2 The withdrawal form is available here.
4.3 The Consumer is not entitled to withdraw from the following contracts:
4.3.1 for the provision of services which we have fully performed with the consumer's prior express consent before the expiry of the withdrawal period,
4.3.2 for the supply of goods or services, the price of which is dependent on financial market fluctuations beyond our control, which may occur during the withdrawal period,
4.3.3 for the supply of goods which have been modified at the consumer's request or for the consumer's person,
4.3.4 the delivery of perishable goods and goods which have been irreversibly mixed with other goods after delivery;
4.3.5 for repairs or maintenance carried out at a place designated by the consumer or at his request; this shall not apply, however, if other than necessary repairs have been carried out or other than necessary spare parts have been supplied;
4.3.6the delivery of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygiene reasons;
4.3.7 for transport, on a specific date or during a specific period.
4.4If the consumer withdraws from the contract of sale, he/she must send the goods back to us acquired under the contract of sale from which he/she has withdrawn within 14 days of the withdrawal.
4.5Sending the goods back to the seller is possible in one of the following ways:
4.5.1By personal delivery at The Miners JZP, Slavíkova 1611/5, 120 00 Prague 2, opening hours Monday to Friday 7:00 a.m. - 7:00 p.m., Saturday and Sunday 8:30 a.m. - 7:00 p.m. or The Miners Churchill, Italská 2584/69, 120 00 Prague 2, opening hours Monday to Friday 8:00 a.m. - 3:00 p.m. The cost of returning the goods in the event of withdrawal from the purchase contract within 14 days is borne by the customer.
4.5.2By sending the goods to The Miners Roasters s.r.o., Moskevská 516/49, Vršovice (Prague 10), 101 00 Prague. The cost of returning the goods in the event of withdrawal from the purchase contract within 14 days shall be borne by the customer.
4.6 The Consumer is obliged to send back or return the goods complete, i.e. including all supplied accessories, all documentation, clean, undamaged and, if possible, including the original packaging, in the condition and value in which they were received.
4.7 In the event of withdrawal from the purchase contract, the consumer shall be liable for any diminution in the value of the returned or reshipped goods which is caused by handling the goods in a manner other than that necessary to familiarize himself with the nature and characteristics of the goods. In the event that damaged or incomplete goods are returned to us, we will set off our claim for damages against the purchase price you claim to be refunded. We will always assess the specific case to determine the extent of damage and deterioration of the goods and determine the corresponding reduced value. We will inform you of these steps by e-mail or telephone.
4.8 If a withdrawal from a contract for the provision of services where our performance has already commenced at the express request of the consumer occurs before the expiry of the 14-day withdrawal period, the consumer is obliged to pay us a pro rata amount for the performance provided up to the time of withdrawal.
4.9 In the event of withdrawal from the contract of sale within the withdrawal period, we are obliged to refund full payment to the consumer including the cost of shipping the goods in the amount corresponding to the cheapest type of shipping offered by us, using the same payment method as when the money was received, no later than 14 days after receipt of the withdrawal from the contract of sale in favor of The Miners Roasters Ltd.
4.10We provide out-of-court handling of consumer complaints via email at firstname.lastname@example.org.
4.11The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the customer under the purchase contract.
4.12The European Consumer Center Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under 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 dispute resolution for consumer disputes).
5. USER ACCOUNT AND OTHER PREREQUISITES FOR ACCEPTING AN ORDER
5.1Based on the Customer's registration via email, made on the Shop's website, the Customer can access his/her user interface. We offer the option of using a simplified registration using a Facebook account or an account with a service provided by Google. The user confirms that he/she has read and agrees to our general terms and conditions and data processing policy.
5.2The Customer can place orders for goods from his/her user interface ("User Account"). Only legal entities or natural persons who are of legal age and have full legal capacity may create a user account. If the web interface of the shop allows it, the customer can also order goods once without registration directly from the web interface of the shop.
5.3When registering on the website and when ordering goods, the customer is obliged to provide all the information correctly and truthfully. The customer is obliged to update the information provided in the user account whenever it changes. The information provided by the Customer in the user account and when ordering goods shall be deemed correct by the Seller.
5.4Access to the user account is secured by a user name and a strong password. The Customer is obliged to maintain confidentiality regarding the information necessary to access his user account. The customer is not entitled to allow third parties to use the user account. We may disable a user account after five (5) unsuccessful login attempts. We do this for security reasons, in particular to prevent misuse of the customer's user account. If your user account is blocked, please contact us on our customer service line or at email@example.com.
5.5MWe may cancel a user account, in particular if the customer has not used his/her user account for more than 1 year or if the customer breaches his/her obligations under the purchase agreement as amended by these GTC. 5.6 The Customer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance.
5.6 Zákazník bere na vědomí, že uživatelský účet nemusí být dostupný nepřetržitě, a to zejména s ohledem na nutnou údržbu.
6. 6. ORDERING AND CONCLUDING THE PURCHASE CONTRACT VIA THE E-SHOP
6.1 All presentation of the goods placed in the web interface of the shop is informative and we are not obliged to conclude a purchase contract regarding these goods. Section 1732 (2) of the Civil Code shall not apply.
6.2 The prices of the goods remain valid for the time they are displayed in the web interface of the shop. This provision does not limit our ability to conclude a purchase contract on individually agreed terms.
6.3 The web interface of the shop also contains information about the costs associated with the packaging and delivery of the goods. The amount of the costs associated with the packaging and delivery of the goods will depend on the delivery address indicated, in particular the country chosen (e.g. Czech Republic, Slovakia, Germany, etc.).
6.4 We provide our customers with the service of grinding coffee beans. The customer can choose from a selection of whole bean delivery or the required grinding coarseness: espresso machine, Moka pot, AeroPress, French Press, V60. From time to time, some coffee machines may not be able to push water through finely ground coffee (for espresso grind coarseness). This can be caused, for example, by improper maintenance of the coffee machine. Please note that we are not responsible for the inability of your espresso machine to prepare coffee with the coffee coarseness we have supplied for the "Espresso Coffee Machine". The choice of grinding coarseness is entirely within your control.
6.5 To order goods, the customer fills in the order form in the web interface of the shop (puts the goods "in the basket", selects the method of payment of the purchase price of the goods, provides the delivery address and other necessary contact details, selects the desired method of delivery of the ordered goods and obtains information on the costs associated with the delivery of the goods). In the case of goods that are marked as "in stock", this is a binding order for goods binding payment (hereinafter referred to as "order"). By submitting an order, the customer confirms that he/she has agreed to these General Terms and Conditions and has read our data processing policy.
6.6 Before completing the order, the customer is allowed to check and modify the data (by clicking on the "Edit" link) that the customer has entered in the order, including with regard to the customer's ability to detect and correct errors made when entering data in the order. The order is sent by clicking on the "ORDER WITH PAYMENT REQUIREMENT" button and the order process is thus completed. The data provided in the order is considered correct by the seller. If, during the processing of the order, it is found that obviously false or incomplete data has been used, we may refuse the order, of which you will be notified by e-mail. The customer may be liable for damages caused by the provision of intentionally false or incorrect data.
6.7 Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the Seller is entitled to ask the Customer for additional confirmation of the order (e.g. in writing or by telephone) and is also entitled to ask the Customer to clarify the correctness of the size selection for the goods in question.
6.8 A customer who completes an order will receive an automatic confirmation from us that the order has been delivered to the customer's email address provided in the customer's user account, order form or other form we have provided (the "Customer's email address"). The conclusion of the purchase contract occurs at the moment of pressing the "ORDER WITH PAYMENT REQUIREMENT" button, of which the customer is immediately informed by the order confirmation.
6.9 By concluding the purchase contract, we undertake to hand over the purchased goods to you and to enable you to acquire ownership of the goods, and you undertake to accept the goods and to pay us the price of the goods.
6.10The customer will receive a copy of the concluded purchase contract at the customer's electronic address, as amended by the applicable GTC. The customer consumer will also receive a form for withdrawal from the purchase contract within the statutory period.
6.11The Customer agrees to the use of remote means of communication in concluding the Purchase Agreement. The costs incurred by the customer in the use of remote means of communication in connection with the conclusion of the purchase contract (internet connection costs, telephone call costs) shall be borne by the customer himself, and these costs shall not differ from the basic rate.
7. PRICE OF GOODS AND METHODS OF PAYMENT
7.1All prices of the goods are quoted in Czech crowns (CZK) and are inclusive of VAT. The customer may also choose to price the goods in euros (EUR).
7.2The price of the goods and any costs associated with the delivery of the goods under the Purchase Agreement can be paid to us online by card payment. In the event that we offer other methods of payment for the goods, the customer will be informed of this at the time of order (under "Payment").
7.3Together with the purchase price, the customer is also obliged to pay us any costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
7.4We may require the customer to make a deposit or other similar payment.
7.5Under the Sales Records Act, the Seller is obliged to issue a receipt to the Customer. He must also register the sales received with the tax authorities online, or in the event of a technical failure, within 48 hours at the latest.
7.6Any discounts on the price of goods granted by us to customers cannot be combined with each other.
7.7In the event of displaying an unrealistic price of 0 CZK (in words zero Czech crowns) or displaying a highly non-marketable price, where a non-marketable price is considered to be a price that is below our purchase price, we reserve the right to remove this item from the order. The customer will be informed of this fact to the customer's e-mail address.
7.8We agree that invoices will be sent electronically to the customer's electronic address.
7.9If a delivery time is stated for the goods, it is for information only and is not binding on us. Nevertheless, we endeavor to meet the stated delivery times as far as it is within our capabilities.
8. RETENTION OF TITLE
8.1For consumer customers, we reserve ownership of the goods until the purchase price has been paid in full in accordance with the relevant purchase contract.
8.2For business customers, we reserve ownership of the goods until all debts owed have been paid. The customer must handle the goods subject to retention of title with due care and insure them sufficiently, at their expense, for the value of new goods in the event of damage.
9. DELIVERY OF THE GOODS, PLACE OF PERFORMANCE, DAMAGE TO THE SELLER AND ANY DAMAGE CAUSED IN TRANSIT
9.1 The goods are handed over to the customer at our dispatch point or are delivered to the chosen delivery address.
9.2 When the goods are transported by us to the customer, the goods are handed over to the customer at the point of delivery (usually the first door/gate/gate at the delivery point designated by the customer). It is at the moment of acceptance of the goods by the customer that the risk of damage and accidental deterioration of the purchased goods passes to the customer. If the customer should have taken over the goods from the carrier, the risk of accidental damage and accidental deterioration of the purchased goods passes to the customer at the moment he is allowed to dispose of the goods, but not before the stated delivery time.
9.3 We deliver the goods via the carrier. The indication that the goods are in stock or will be stocked in the time indicated for the specific goods generally affects the delivery time of the order. In the case of goods where a certain number of days or weeks are indicated before the goods are stocked, the delivery time of the order will be longer and you acknowledge and agree to this by placing your order.
9.4 The customer has the choice to select one of our contracted carriers at the shipping price shown on our website address.
9.5 In the event that the method of transport is agreed upon at the customer's specific request, the customer bears the risk and any additional costs associated with this method of transport.
9.6 In the event that for reasons on the customer's side it is necessary to deliver the goods repeatedly or by a different method than that specified in the order, the customer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.
9.7 If the Consumer does not take delivery of the goods when they are delivered by the carrier, the goods are subsequently returned to the Seller and at the same time the Consumer does not withdraw from the purchase contract within 14 days of the unsuccessful delivery of the goods, the Seller is entitled to claim from the Consumer the costs charged by the carrier for the delivery of the goods back to the Seller. This cost constitutes damage to the seller which has been caused by the breach of the consumer's legal obligations within the meaning of Section 2913(1) of the Civil Code. The seller is also entitled to charge a fee for storage of the goods in the amount of CZK 140,- (in words: one hundred and forty Czech crowns) and the seller is also entitled to withdraw from the purchase contract.
9.8 If the customer-entrepreneur does not accept the goods upon delivery by the carrier and the goods are subsequently returned to the Seller, the Seller is entitled to claim from the customer-entrepreneur the costs charged by the carrier for delivery of the goods back to the Seller. This cost constitutes damage to the seller which has been caused by a breach of the business customer's legal obligations within the meaning of Section 2913(1) of the Civil Code. The seller is also entitled to charge a fee for storage of the goods in the amount of CZK 140,- (in words: one hundred and forty Czech crowns) and the seller is also entitled to withdraw from the purchase contract.
9.9 We are entitled to unilaterally set off the claim for payment of the storage costs and the claim for compensation for damages for breach of the customer's legal obligations (both consumer and entrepreneur) under this part of the GTC against the customer's claim for refund of the purchase price in accordance with § 2913 of the Civil Code.
9.10The customer is obliged to inspect the goods on the receipt and to check their characteristics (in particular whether the customer has received the correct type of goods, whether the goods are of the agreed quality, whether the goods in their packaging contain everything that according to the instructions they should contain). In the event of visible damage to the consignment by the carrier, the customer is obliged not to accept such consignment from the carrier at all. We shall not be liable for any damage caused by the carrier or late delivery of the goods, whatever the reason for the delay.
9.11The rights of customers in the event of exercising the right to claim for defects shall be governed by our Complaints Procedure and by the relevant provisions of Czech law, in particular the Civil Code.
10. WITHDRAWAL FROM THE PURCHASE CONTRACT
10.1The consumer's right to withdraw from the purchase contract shall be governed by the provisions set out in section 4 of these GTC.
10.2Business Customers have the right to withdraw from the Purchase Contract as permitted by applicable law. The business customer does not have the right to withdraw from the purchase contract without giving any reason within 14 days of delivery of the goods, this right belongs only to the consumer. Provided that the customer entrepreneur returns the goods to us and if this is not an exercise of the right of defects under the Civil Code, we are entitled to charge the storage costs of these goods in accordance with clause 9.9 and 9.9 of these GTC and we will also invite the customer entrepreneur to take back these goods.
10.3We are entitled to withdraw from the purchase contract due to the stock of goods being sold out or due to the unavailability of the ordered goods. Furthermore, we may withdraw from the purchase contract if the customer has not paid the purchase price properly and on time or has refused to accept the goods.
10.4If a gift is given to the customer together with the goods, the gift contract between us and the customer is concluded with the condition that if the customer withdraws from the purchase contract, the gift contract with respect to such gift shall cease to be effective and the customer shall be obliged to return the gift to us together with the goods.
11. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
11.1The rights and obligations of the parties with regard to rights of defective performance are governed by the applicable generally binding legal provisions (in particular Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
11.2Further rights and obligations of the parties relating to our liability for defective goods are regulated in our Complaints Procedure.
12. PROTECTION OF PERSONAL DATA
12.2We send commercial communications to customers offering related goods or services to the customer's electronic address (commercial communications to customers). The email address is personal data and is processed in accordance with Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) for the purpose of sending commercial communications based on our legitimate interest to promote our similar products and services. The customer may unsubscribe from receiving commercial communications at any time.
12.3We use "cookies" which may be stored on the end device (either by consent or to protect our legitimate interests). For more information, please read our Cookie Notice.
13. FINAL PROVISIONS, INCLUDING APPLICABLE LAW AND JURISDICTION
13.1In the event of an unintentional conflict between the provisions of these GTC and statutory provisions for the protection of consumers, these provisions shall prevail and the Seller undertakes to comply with them as such.
13.2If any provision of the GTC is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
13.3The Parties agree to expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods (United Nations Convention on Contracts for the International Sale of Goods, or the Vienna Convention) in accordance with Article 6 of that Convention.
13.4The Parties further agree that the courts of the Czech Republic, locally designated according to our registered office, shall always have jurisdiction to settle any disputes arising from the Purchase Contract where an international element is present. This is without prejudice to the rights of consumers under special legislation. The contractual language is Czech.
13.5The Purchase Agreement as amended by the GTC is archived by us in electronic form and is not accessible to third parties.
13.6The provisions of the GTC are an integral part of the purchase contract. Provisions deviating from the GTC may be agreed in the purchase contract. Deviating provisions in the purchase contract shall prevail over the provisions of the GTC.
13.7Acceptance of these GTC is voluntary but is necessary for the creation of an account or order by the customer.
13.8These GTC are effective from [16.04.2021] and supersede the previous terms and conditions.