Terms and Conditions

The Miners Roasters s.r.o., with its registered seat at Boudníkova 2538/11, Libeň, 180 00 Prague 8, ID No.: 09096159, registered with 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: Boudníkova 2538/11, Libeň, 180 00 Prague 8 (hereinafter referred to as "registered office address")

a company registered in the Commercial Register, Section C, Insert: 330857 at the Municipal Court in Prague (hereinafter referred to as the "Seller" or "We")

ID NO.: 09096159

tel: 00420 723 944 740

E-mail: roastery@theminers.eu 

1.2 Complaints and Returns:

address for receiving complaints and returns: The Miners Roasters s.r.o. in Boudníkova 2538/11, Libeň, 180 00 Prague 8 during the opening hours.

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") regulate, in accordance with § 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of 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 (hereinafter referred to as "e-shop") at: https://www.theminers.eu (hereinafter referred to as "Website").

2.2 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.

2.3 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.

2.4 The Seller is entitled to sell goods on the basis of 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. CUSTOMER ACCOUNT

3.1 By registering as a customer on the Website, you can access your customer account ("Customer Account"). Creating a Customer Account is possible before you make your first purchase and does not commit you to any purchase. You can create a Customer Account by email, or by using a Facebook account or an account with a service provided by Google.  After you have entered your registration details and accepted our GTC, a confirmation email will be sent automatically to the email address provided. 

3.2 The processing of your personal data is governed by our Privacy Policy. Please note that if you create a customer account via third parties (Google, Facebook), this process may be governed by terms and conditions that differ from our GTC. In this case, please familiarize yourself with them.

3.3 You may use the Website and the e-shop without creating a customer account. However, creating a customer account is required to use some of our services and benefits.

3.4 When 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 customer's account whenever it changes. The information provided by the customer in the customer account and when ordering goods is considered correct by the seller.

3.5 Access to the customer account is secured by a username and password. The Customer is obliged to protect its access data to the Customer Account. We are not responsible for any misuse of the customer account by third parties. The customer is not entitled to allow third parties to use the customer account. We may block a customer account after five (5) unsuccessful login attempts. We do this for security reasons, in particular to prevent misuse of the customer account. If your customer account is blocked, please contact our customer service line or roastery@theminers.eu.

3.6 If you decide to cancel your customer account for any reason, please contact us at roastery@theminers.eu. We may cancel your customer account in certain circumstances, in particular if you have not used your customer account for more than 1 year or if you repeatedly or seriously breach our Terms and Conditions.

3.7 The Customer acknowledges that the Customer Account may not be available continuously, in particular with regard to necessary maintenance or accidental technical problems.

4. ORDERING AND CONCLUDING THE PURCHASE CONTRACT VIA THE E-SHOP

4.1 All presentation of goods placed on the e-shop is for illustrative and informative purposes only and does not constitute a proposal on our part to conclude a purchase contract.

4.2 The goods offered by us on the e-shop and a description of their main features is available for the respective goods. The prices of the goods are inclusive of VAT and 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). The prices of the goods remain valid for as long as they are displayed in the web interface of the e-shop. This provision does not limit our ability to conclude a purchase contract on individually agreed terms.

4.3 The web interface of the e-shop also contains information about the costs associated with packaging and delivery of 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.).

4.4 We provide our customers with the service of grinding coffee beans in different grinding coarseness. 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.

4.5 To order goods, the customer fills in the order form in the web interface of the e-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 about the costs associated with the delivery of the goods). By submitting an order (by clicking on the "ORDER WITH PAYMENT REQUIREMENT" button), you confirm that you have read these GTC and expressly agree to them in their wording valid and effective at the time of submitting your order.

4.6 The customer is allowed to check and change the entered data before completing the order. The order is sent by clicking on the "ORDER WITH PAYMENT REQUIREMENT" button and the order process is thus completed. The information 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 any damage caused by the provision of intentionally false or incorrect data.

4.7 The Seller is entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs) to ask the Customer for additional order confirmation (for example, in writing or by telephone) and is also entitled to ask the Customer to specify the correctness of the size selection for the goods.

4.8 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 account, order form or other form. 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.

4.9 By entering into the Purchase Contract, we undertake to hand over the purchased goods to you and to enable you to acquire title to the goods and you undertake to accept the goods and to pay us the price of the goods.

4.10 The Customer will receive a copy of the concluded Purchase Contract to the Customer's e-mail address, as amended by the applicable GTC. The customer shall also submit a withdrawal form to the consumer within the statutory time limit.

4.11 The Customer agrees to the use of remote means of communication in concluding the Purchase Contract. The costs incurred by the customer in using 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, without any difference from the basic rate.

5. PRICE OF GOODS AND PAYMENT METHODS

5.1 All 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).

5.2 You can pay us the price of the goods and any costs associated with the delivery of the goods under the Purchase Contract online by credit card. 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 "SHIPPING & PAYMENT").

5.3 Together 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.

5.4 We may require the Customer to make a deposit or other similar payment.

5.5 Any discounts on the price of the goods provided by us to customers cannot be combined with each other, unless expressly stated otherwise.

5.6 In the event of displaying an unrealistic price of 0 CZK (in words: zero Czech crowns) or displaying a highly non-market price, where a non-market price is considered to be a price that is clearly below the value of the goods, we reserve the right to withdraw from the contract in respect of such goods and remove this item from the order. The customer will be informed of this fact to the customer's e-mail address.

5.7 The Seller shall issue a tax document - invoice to the Customer.  Invoices are sent electronically to the Customer's e-mail address.

6. RETENTION OF TITLE

6.1 For consumer customers, we reserve ownership of the goods until the purchase price has been paid in full in accordance with the relevant purchase contract.

6.2 For business customers, we retain ownership of the goods until all debts owed to you 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.

7. DELIVERY OF THE GOODS, PLACE OF PERFORMANCE, DAMAGE CAUSED TO THE SELLER AND ANY DAMAGE CAUSED DURING TRANSPORTATION OF THE GOODS

7.1 The goods are handed over to the Customer at our dispatch point or delivered to the chosen delivery address.

7.2 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.

7.3 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 is 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.

7.4 The customer has the choice to select one of our contracted carriers at the shipping price listed on the e-shop.

7.5 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.

7.6 In the event that, for reasons on the customer's side, it is necessary to deliver the goods repeatedly or in a different way than 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.

7.7 If the Customer does not take delivery of the goods when they are delivered by the carrier, the goods are subsequently returned to the Seller and the Customer does not withdraw from the purchase contract, the Seller is entitled to claim from the Customer 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 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.

7.8 We are entitled to unilaterally set off the claim for payment of the costs of storage of the goods and the claim 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 a refund of the purchase price.

7.9 The 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 entitled 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.

8. WITHDRAWAL FROM THE PURCHASE CONTRACT

Withdrawal by the customer by the consumer

8.1 The consumer customer has the right to withdraw from the purchase contract without giving reasons within 14 days, which starts to run: 

8.1.1 from the date of receipt of the goods, or

8.1.2 in the case of a purchase contract with delivery in multiple pieces/parts, from the date of acceptance of the last piece/piece of goods, or

8.1.3 in the case of a purchase contract, the subject of which are regular repeated deliveries of goods, from the date of acceptance of the first delivery of goods;

by notifying us of their intention to withdraw from the Purchase Contract in any unambiguous manner addressed to our address set out in part 1 of these GTC, e.g. via the withdrawal form or by sending an email to our email address roastery@theminers.eu. The withdrawal form is available here. If you use the withdrawal form, we will acknowledge receipt by email. In order to comply with the withdrawal deadline, it is sufficient to send the withdrawal before the deadline in clause 8.1.

8.2 The consumer customer is not entitled to withdraw from the following contracts:

8.2.1 on the provision of services that we have fully performed with the prior express consent of the consumer customer before the expiry of the withdrawal period,

8.2.2 the delivery of goods or services whose price depends on fluctuations in the financial markets beyond our control, which may occur during the withdrawal period,

8.2.3 on the delivery of goods that have been modified at the request of the consumer or for the consumer's person,

8.2.4 on the delivery of perishable goods as well as goods that have been irreversibly mixed with other goods after delivery,

8.2.5 the delivery of goods in sealed packaging that cannot be returned for health or hygiene reasons.

8.3 If the consumer withdraws from the purchase contract, the customer is obliged to send back to us the goods acquired on the basis of the purchase contract from which he has withdrawn, no later than 14 days from the moment of withdrawal from the purchase contract.

8.4 Sending the goods back to the seller is possible in one of the following ways:

8.4.1 By personal delivery at The Miners JZP, Slavíkova 1611/5, 120 00 Prague 2, operating hours Monday to Friday 7:00 - 19:00, Saturday and Sunday 8:30 - 19:00 or The Miners Churchill, Italská 2584/69, 120 00 Prague 2, operating hours Monday to Friday 8:00 - 15:00. The cost of returning the goods in case of withdrawal from the purchase contract is borne by the customer.

8.4.2 By sending the goods to The Miners Roasters s.r.o., Boudníkova 2538/11, Libeň, 180 00 Prague 8. The costs of returning the goods in case of withdrawal from the purchase contract shall be borne by the customer.

8.5 The consumer customer is obliged to send back or return the goods complete, i.e. including all supplied accessories, all documentation, clean, undamaged and preferably including the original packaging. In the event of withdrawal from the purchase contract, the consumer customer shall only be liable for any diminution in the value of the returned or returned goods which has occurred as a result of handling the goods in a manner other than that necessary to familiarise himself with the nature, characteristics and functionality 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 are claiming back. We will always assess the specific case to determine the extent of damage, deterioration of the goods and determine the corresponding reduced value. We will inform you of these steps by email or telephone.

8.6 If a service contract where our performance has already commenced is withdrawn at the express request of the consumer before the expiry of the 14-day withdrawal period, the consumer shall be obliged to pay us a proportionate part of the price for the performance provided up to the time of withdrawal.

8.7 In the event of withdrawal from the purchase contract within the withdrawal period, we are obliged to refund all money 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 was used when the money was received, without undue delay, no later than 14 days after receipt of the withdrawal from the purchase contract.

Withdrawal by the customer by the entrepreneur

8.8 Business customers have the right to withdraw from the purchase contract as permitted by the applicable generally binding legal provisions. 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 is only granted to the consumer. Provided that the customer entrepreneur returns the goods to us and that the right of defective performance under the Civil Code is not invoked, we are entitled to charge the storage costs for these goods in accordance with clause 7.7 of these GTC and we shall also invite the customer entrepreneur to take back these goods.

Common provisions

8.9 We 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 in particular if the customer has not paid the purchase price properly and on time or has refused to accept the goods.

8.10 If 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.

9. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

9.1 The rights and obligations of the contracting parties with regard to rights of defective performance are governed by the applicable generally binding legal provisions, in particular the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.

9.2 The Seller is liable to the Consumer that the goods are free from defects on receipt. In particular, the seller shall be liable to the consumer customer that at the time the consumer customer took delivery of the goods:

9.2.1 the goods have the characteristics agreed between the parties,

9.2.2 the goods are tailored for the purpose for which the Customer requires them and to which the Seller has agreed or for which goods of that kind are normally used,

9.2.3 the goods are delivered with the agreed accessories and instructions for use, including packaging and other accessories that the customer can reasonably expect,

9.2.4 the goods correspond in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of goods of the same kind that the customer can reasonably expect, even taking into account public statements made by the seller, in particular advertising or labeling,

9.2.5 the goods correspond in quality or workmanship to the agreed sample or pattern, if the quality or workmanship was determined according to the agreed sample or pattern.

9.3 The customer-consumer may reproach the seller for defects in the goods that become apparent within 2 years of receipt. If the defect manifests itself within 1 year of receipt, the goods shall be deemed to have been defective upon receipt, unless the nature of the goods or the defect precludes this. This period does not run for the time during which the consumer cannot use the goods, if the defect has been rightly pointed out by the customer.

9.4 In the event of a defect in the goods, the consumer has the right to:

9.4.1 Demand the removal of the defect, either by delivery of new goods or by repairing them, at its choice. If the method chosen by the customer to remove the defect is not possible or is disproportionately costly compared to the other, the seller shall choose the method of removal of the defect. The Seller may refuse to remove the defect if it is impossible or unreasonably costly in view of the significance of the defect and the value of the goods without the defect. The seller shall take over the goods at his own expense to remove the defect. If the Customer does not take possession of the repaired goods within a reasonable time after being notified of the possibility to take possession of the goods after repair, the Seller shall be entitled to a storage fee in accordance with clause 7.7 of these GTC.

9.4.2 Request a reasonable discount on the price of the goods or withdraw from the purchase contract (and subsequently request a refund of the price of the goods) in the following cases: (i) the Seller has refused to remedy the defect or has failed to remedy it within a reasonable time after the defect has been pointed out and has not taken possession of the goods to remedy the defect at its own expense; (ii) the defect has been repeated; (iii) the defect is a material breach of the contract of sale; (iv) it is apparent from the Seller's statement or the circumstances that the defect will not be remedied within a reasonable time or without substantial inconvenience to the Customer. The reasonable discount shall be determined as the difference between the value of the goods without defect and the defective goods received by the customer. The customer may not withdraw from the contract of sale if the defect in the goods is insignificant; the defect shall be deemed not to be insignificant. If the customer withdraws from the purchase contract, the seller shall refund the price of the goods without undue delay after he has received the goods or after the customer has proved that he has sent the goods.

9.5 The Customer is not entitled to any rights arising from defective performance if the defect was caused by the Customer. A defect is not wear and tear caused by normal use of the goods. 

9.6 The Customer may assert rights arising from defective performance in the following ways:

9.6.1 by telephone or at the electronic address specified in Part 1 of these GTC;

9.6.2 in person at The Miners Roasters s.r.o. in Boudníkova 2538/11, Libeň, 180 00 Prague 8 during the opening hours;

9.6.3 by post to our registered office address at Boudníkova 2538/11, Libeň, 180 00 Prague 8.

10. DATA PROTECTION

10.1 The protection of our customers' personal data is very important to us. The rules for handling customers' personal data, the rules for sending commercial communications as well as cookies are regulated in our Personal Data Processing Policy and Cookie Policy.

11. FINAL PROVISIONS, INCLUDING APPLICABLE LAW AND JURISDICTION

11.1 All use of our website and e-shop, as well as legal relations arising between the seller and the customer, are governed by the laws of the Czech Republic, even if there is an international (foreign) element. The courts of the Czech Republic, locally competent according to the seller's registered office, are competent to resolve any disputes. However, 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 "Rome I"), must not deprive the customer-consumer 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.

11.2 We handle consumer complaints via e-mail roastery@theminers.eu. In case of complaints, you can also contact the Czech Trade Inspection Authority, the state supervisory authority for consumer protection under Act No. 634/1992 Coll., on Consumer Protection.

11.3 The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://www.coi.cz/en/information-about-adr/, is competent for the 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 a purchase contract.

11.4 The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: https://evropskyspotrebitel.cz/en/, 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).

11.5 If any provision of these 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.

11.6 The 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 this Convention.

11.7 The Seller reserves the right, at its sole discretion, to terminate the operation or change the terms of use of the e-shop or the website.

11.8 The 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. The Purchase Agreement as amended by the GTC is archived by us in electronic form and is not accessible to third parties. The contractual language is Czech.

11.9 Acceptance of these GTC is voluntary but is necessary for the creation of an account or order by the Customer.

11.10 These GTC are effective from 01.01.2024 and supersede the previous terms and conditions.