Terms & Conditions
Welcome at our online store www.chocolates.emoti.be - the official online store for the brand EMOTI is owned by the company Elysberg Confiserie BVBA, private limited company registered at Koralenhoeve 15, 2160 Wommelgem, Belgium, with registration number: BE0883300311, VAT No.: C BE0883300311. The online store site is operated by the company Elysberg Confiserie CR Ltd
These general terms and commercial conditions (hereinafter as “Terms and Conditions”) of Elysberg Confiserie CR, Ltd., having its registered seat at Osadní 799/26, 170 00 Prague, Czech Republic recorded in the Commercial Registry kept by the Municipal Court in Prague, Section C, Insert 77949 Contact:+420 228 881 652 or +32 3 808 27 84 Email: firstname.lastname@example.org Bank details for cashless payments in Euro IBAN: BE51 7320 2143 8162/ BIC: CREGBEBB, Branch: Toužimská 720, 199 00 Prague, Czech Republic (hereinafter as the “Seller”) adjust the mutual rights and conditions of contractual parties relating or established in relation to this purchase contract (hereinafter as “Purchase Contract”) concluded between the Seller and another physical person (hereinafter as “Buyer”) via an internet shop selling products offered by the Seller (hereinafter as “Goods”). The Internet shop is operated on the web page located at the address www.chocolates.emoti.be (hereinafter as “Web page”) and that via a web page interface (hereinafter as “Webpage interface”).
Terms and Conditions only relate to cases, when a person interested in purchasing the goods from the seller is the consumer in the meaning of the relevant legal provisions of Act No. 89/2012 Coll., Civil Code (hereinafter as “consumer”). Commercial conditions do not relate to cases when a person who is interested in purchasing the goods from the seller is a legal entity or a person who is ordering the goods within its business activities or within the performance of his profession.
The provisions hereof do not exclude the possibility of the seller and the buyer to adjust the rights and obligations given herein differently to these conditions. Adjusted conditions in the purchase contract overrule these commercial conditions.
Provisions of the terms and conditions are an integral part of the purchase contract and by filing an order the buyer confirms that prior to submitting the order, i.e. before the conclusion of the contract, it had duly acquainted itself with these terms and conditions and all its conditions and information contained in them and explicitly agrees with the wording valid and effective as at the moment of placing the order. The buyer is explicitly informed about these conditions in advance and has sufficient time to acquaint itself with them. The buyer is sent these conditions in full wording by and email with order confirmation.
The purchase contract and the terms and conditions are issued in the English language. The purchase contract may be concluded in English. If the buyer asks, the contract may be concluded in another language that is legible to both the buyer and the seller and if there are no conditions preventing this on the part of the seller or the buyer.
The wording of the commercial conditions may be amended or supplemented. This provisions does not affect the rights and the obligations originating from the previous wording of the commercial conditions.
Based on the registration of the buyer done on the webpage the buyer may access its user interface. From its user interface the buyer may order the goods (hereinafter as “User account”). If the web interface of the shop allows it, the buyer may also order goods without a registration directly from the web interface of the shop.
When registering at the webpage and when ordering the goods the buyer is obliged to provide correct and valid data. The user is obliged to update data given in the user account, whenever these are updated. The data given by the buyer in the user account and during ordering of goods are deemed correct.
The access to the user account is protected by a user name and a password. The buyer is obliged to maintain confidentiality regarding the information necessary to access its user account.
The buyer is not authorized to allow third parties usage of the user account.
The seller may cancel a user account, particularly in the case where the buyer does not use its user account for a period exceeding 180 days or in cases when the buyer breaches its rights arising from the purchase contract (including the commercial conditions).
The buyer acknowledges that the user account may not be available without interruption, particularly due to the necessary maintenance of hardware and software of third parties.
Concluding a purchase contract
Presentation of the goods located on the web interface of the internet shop is of informative nature only, is not seller’s draft of purchase contract and the seller is not obliged to conclude a purchase contract regarding these goods. Provisions of § 1732 par. 2 of the Civil Code do not apply.
The presentation of goods on the web interface of the internet shop contains information about goods and its prices, including the prices of individual goods and costs incurred when returning the goods, if such goods cannot be returned by the usual post. The information about the goods and the price are valid at the moment of their showing on the web interface of the internet shop, with the exception of a clear error. The prices are shown with value added tax and all relating fees besides the costs of packaging and delivery of goods. The prices of goods sold via the internet shop may differ from prices sold in different manner. This provision does not exclude the right of the seller and the buyer to conclude a purchase contract with individually agreed price conditions.
The presentation of the goods on the web interface also contains the information on the costs connected to packaging and delivery of goods. The information on costs connected to packaging and delivery of goods given in the presentation are valid for deliveries on the territory of the Czech Republic only.
In order to the order goods from the internet shop the buyer will complete the order form on the web interface of the shop. The order form contains the information on:
- the buyer and its contact information
- the ordered goods (the ordered goods are “placed” by buyer in an electronic shopping basket of the webpage interface of the shop),
- the extent and the manner of required payment of the price of the goods, the information on the manner of delivery of the ordered goods,
- the information on the costs related to the delivery of goods (hereinafter together as the “order”).
Prior to sending the order to the seller the buyer may check and amend the data entered in the order, also with the possibility for the buyer to discover and correct errors occurred during entering the order. The order will be sent by the buyer to the seller by clicking the button “Confirm Order”. The data given in the order are deemed as correct by the seller.
The sent order is deemed a binding proposal of the buyer to conclude a purchase contract. The condition of the contact’s validity is deemed to be the entering of all obligatory data in the order form, acquainting itself with the term and conditions on the web page, all its provisions and information contained therein and confirmation of the buyer that it agrees with all its provisions and information contained therein and confirming its consent with them.
The seller will immediately after receiving the order confirm such reception by electronic mail and that to the email address of the buyer given in the user interface or in the order (hereinafter as “electronic address of the buyer”). Order confirmation is not deemed as acceptance of the proposal to conclude a purchase contract. In the email confirming the order the seller will also send the buyer the wording of these commercial conditions.
The seller is always authorized, depending on the nature of the order (quantity of goods, purchase price amount, expected delivery costs) request the buyer prior to concluding the purchase contract (order acceptance) to provide additional confirmation of the order (e.g. in written or telephonic). If the buyer will not confirm such order additionally within 10 days from such request it is deemed that the buyer revokes its order (proposal to conclude a purchase contract).
The contractual relation between the buyer and the seller (purchase contract) is established as of the delivery of an explicit acceptance of the order marked as order confirmation or in a different manner confirming the acceptance the order containing the at least the data on: the seller and its contact details; the buyer and its contact details; the purchased goods; the extent and the manner of payment of the purchase price; the manner and place of delivery of goods; costs connected to the delivery of goods; expected delivery date of the goods which is sent by the seller to the buyer via an electronic post to electronic address of the buyer. If the seller fails to deliver to the buyer the acceptance of the order according to this point within 5 days from the delivery of the order it is deemed that the order (proposal to conclude a purchase contract) is refused, unless the parties agree otherwise.
If any of the buyer’s requirements according to this order or obligations according to this order cannot be fulfilled by the seller, it may (but is not obliged) to send the buyer to its email address an amended offer with possible order options and request the buyer’s reaction. The amended offer is deemed as a new proposal of a purchase contract and the purchase contract is in such case concluded after the acceptance of the amended offer by the buyer in electronic form only.
The Buyer agrees with using the distance communication means when concluding the contract. Costs incurred by the buyer when using the remote communication means (costs of internet connection, cost of telephone calls) are paid by the buyer alone, while these costs d not differ from the basic tariff.
Price of goods and payment conditions
The price of goods and possible costs connected with the delivery of goods according to the purchase contracts in manner according to the concluded purchase contract, which any of the following manners may be chosen within the order:
in cashless by a payment card – the following cards are accepted: VISA, MasterCard, Maestro a Diners Club
in cashless manner via the Pay Pal system;
in cashless transfer onto seller’s account IBAN: BE51 7320 2143 8162, BIC: CREGBEBB
Together with the purchase price the buyer is obliged to pay the seller also the cost connected with packaging and delivery of the goods in agreed amount. Unless given explicitly otherwise, the purchase price also means the costs incurred with packaging and delivery of the goods.
In case of a cashless payment the buyer is obliged to pay the purchase price of the goods together with stating the variable symbol of the payment. Cashless payment of the purchase price is done as of the moment of crediting the relevant amount to seller’s account.
If the seller is providing discounts on goods then these cannot be mutually combined, unless the seller provides otherwise.
Together with the goods the seller will deliver to the buyer a tax document – an invoice with the price of the goods according to the purchase contract. The seller is a value added taxpayer.
Delivery of goods
The seller will deliver the goods to the buyer to the place and in manner according to the concluded contract, while the buyer may choose one of the following manners of delivery in the order: delivery of goods by the post, courier or via a contractual forwarder of the seller.
The seller will deliver the goods to the buyer, without an undue delay after the concluding of the purchase contract, according delivery information provided at on the site.
If the manner of delivery is agreed on the basis of a special requirement of the buyer , the buyer carries the risk and possible additional costs connected to this manner of transport.
If according to the contract the seller is obliged to deliver the goods to a place determined by the buyer in the order, the buyer is obliged to collect the goods at delivery.
If, due to buyer’s default, the goods have to be delivered repeatedly or in a different manner than agreed in the purchase contract, the buyer is obliged to pay the costs incurred in relation to the repeated delivery of the goods, or the costs incurred by another manner of delivery.
When collecting the goods from the forwarder, courier or post office employee (hereinafter as “Forwarder”) the buyer is obliged, in the presence of the forwarder, to check the integrity of goods’ packaging and in case of any defects on such packaging to immediately inform the forwarder and to check the goods in forwarder’s present. If during such inspection the goods are discovered to be damaged, the buyer may not accept the goods, have a record on damage issued and have it confirmed by the forwarder and immediately inform the seller about the kind and extent of the damage. In such case, if the buyer observes the given conditions, the seller will provide new, defect-free goods and should this not be possible, the seller will provide either replacement goods of identical quality and price or provide an adequate discount on such defective goods.
Withdrawal from the contract
1.1. The buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it cannot withdraw from the purchase contract regarding the delivery of goods that were adjusted according to buyer’s wish without providing a reason; the same applies to goods that go off quickly as well as goods that were irretrievably mixed with other goods; goods in closed containers that the buyer has taken out of these containers and thus these cannot be returned for hygienic reasons; and regarding the delivery of audio or video recording or a computer program, if its original packaging has been disrupted.
1.2. Unless this is the case given in point 1.1. of the Commercial Conditions or another case when one cannot withdraw from the purchase contract, the buyer has the right, in line with the provisions of § 1829 par. 1 of the Civil Code to withdraw from the contract within fourteen (14) days from collecting the goods, and that even without providing a reason, while in cases concerning a number of goods or delivery of some parts of goods this deadline commences as of the delivery of the last goods. This withdrawal from the purchase contract must be sent to the seller within the deadline given in the preceding sentence. In order to withdraw from the contract the buyer may (it is however not compulsory) use a sample form “Withdrawal from the contract” provided by the seller, which is attached to the commercial conditions and is also located on the web pages of the seller www.eshop.emoti.be. The withdrawal from the contract may be sent by the seller by registered mail to the seat or branch of the seller: Toužimská 720, 199 00 Prague or in electronic form by email to email@example.com. In case of electronic delivery of the withdrawal to the electronic address the seller will confirm without a delay to the buyer’s email address that the its withdrawal was delivered.
In case of a withdrawal in line with point 1.2. the purchase contract is cancelled. The buyer is obliged to return the collected goods to the seller without a delay, latest within fourteen (14) days from the withdrawal. The goods may be returned either by sending (the deadline according to the preceding sentence is observed if sent within this deadline) or by personal handover at the seller’s branch at Toužimská 720, 199 00 Prague. Should the buyer withdraw from the purchase contract, then it carries all the costs connected to returning of the goods to the seller and that even in the case when the goods, due to its nature, cannot be returned by the usual post.
In case of a withdrawal from the contract according to point 1.2. the seller will refund the money, including delivery costs, received from the buyer within fourteen (14) days from the withdrawal from the purchase contract in manner identical to the manner in which it was received by the seller. The seller is authorized to return the provided performance in a different manner if the buyer agrees with it and no other additional costs will be incurred. If the buyer withdraws from the purchase contract, the seller is not obliged to return the accepted money to the buyer before the buyer returns the goods or proves that the goods were sent to the seller.
The buyer is responsible to the seller only for the decrease of the value of the goods occurring by handling the goods in a different manner than proper due to its nature and characteristic (in a different manner than is necessary to acquaint one self’s with the nature and characteristics of the goods.
The claim for compensation of damage on goods may be unilaterally offset against the buyer’s claim to refund the purchase price.
In cases, where the buyer has the right according to the provisions of § 1829 par. 1 of the Civil Code to withdraw from the purchase contract, the seller is also authorized to withdraw from the purchase contract without providing a reason and that until the takeover of the goods by the buyer. In such case the seller will refund the price paid without an undue delay, in a cashless manner to the account determined by the buyer.
If a gift is provided to buyer along with the goods, the deed of donation is concluded between the buyer and the seller with a severance clause stating that in case of withdrawal from the purchase contract by the buyer the deed of donation is also null and void and the buyer is obliged to return the gift along with the provided gift.
The seller and buyer may otherwise withdraw from the purchase contact only under the conditions stipulated by the law or by the commercial conditions or by the purchase contract.
Rights from faulty performance
The rights and the obligations of contractual parties arising from valid performance are subject to generally binging regulations (particularly provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act no. 634/1992 Coll. on the protection of the consumer as amended).
The seller is responsible towards the buyer that the goods at takeover is free of defects. The seller is particularly responsible towards the buyer that at the moment, when the goods are collected:
- the goods have the characteristics agreed between the parties, and if there is no such agreement then characteristics that the seller or the producer described or that the buyer expected in respect to the character of the goods based on their advertising,
- that the goods are fit for the purpose that the seller declares or that this kind of goods is usually used for,
- the goods correspond in quality or finish to an agreed sample, if quality or finish was determined according to an agreed sample,
- the goods are in corresponding quantity, rate or mass and
- the goods correspond to legal requirements.
The seller provides to the buyer a quality warranty for the duration marked on the goods or on its packaging as the “minimum best before” date or in another manner determining without the doubt the best before date.
The rights arising from defective performance are effected against the seller within the warranty period and that either in writing or in person at the address of its branch: Toužimská 720, 199 00 Prague or by electronic form at: firstname.lastname@example.org or in writing delivered to the seat of the seller. Besides the claim, the buyer is also obliged to deliver the claimed goods to the seller to its branch address. The moment of effecting the claim is the moment when the seller received from the buyer the claimed and the claimed goods.
The seller will decided on the justifiability of the claim latest within 3 working days from effecting the claim, unless an expert assessment of the defect is required, and will inform the buyer about the decision at the buyer’s email address or residence address or another address given by the buyer as the contact address. If the claim is turned down, such decision will also contain a justification. If the claim is deemed justified and the buyer requires replacement of goods, the seller will request by email or by writing sent to the residence address or another address given by the buyer as the contact address to collect the replaced goods from the seller’s branch within 30 days from effecting the claim, or the seller will send it to buyer’s address at buyer’s cost. If the buyer withdrew from the contract the seller will request by email or by writing sent to the residence address or another address given by the buyer as the contact address to collect the purchase price from the seller’s branch within 30 days from effecting the claim at the address: Toužimská 720, 199 00 Prague or it will be sent in a cashless manner within the deadline to the account provided by the buyer.
The seller will issue personally at the branch or sent to the buyer to his email address, residence address or another address given as buyer’s contact address a written confirmation on when the claim was lodged by the buyer, what are the contents of the claim, what manner of handling of the claim the buyer prefers, as well as the confirmation of the date and manner of settling of the claim.
Further rights and obligations of contractual parties
The buyer acquires the ownership to the goods after the full payment of the purchase price, but if this is paid in advance (prior to the delivery of the goods) then the ownership is acquired when collecting the goods only.
The seller is not bound in its relation to the buyer by any behavioral codices.
Extrajudicial consumer disputes arising from the purchase contract are handled by the Czech Business Inspection, having its registered seat at Štěpánská 567/15, 120 00 Prague 2, Company Id. No.: 000 20 869, web: http://www.coi.cz. The platform for handling online disputes is at the address http://ec.europa.eu/consumers/odr, it is also possible to use this to settle disputes between a seller and a buyer arising from a purchase contract. The European Consumer Center Czech Republic, having its registered seat at Štěpánská 567/15, 120 00 Prague 2, web: http://www.evropskyspotrebitel.cz is the contact place according to the Regulation of the European Union and the Council (EU) no. 524/2013 from 21.5.2013 on handling consumer disputes online and on the amendment of Regulation (EC) no. 2006/2004 and the Regulation 2009/22/EC (Regulation on handling consumer disputes online).
Before the extrajudicial resolution of a dispute according to the preceding point is adopted, the seller recommends that the buyer contacts the seller in order to resolve the situation. Extrajudicial handling of consumer claims are filed at: email@example.com. Information on handling the buyer’s claim will be sent to the electronic address of the buyer.
The seller is authorized to sell the goods based on a trade certificate. The trade monitoring is done by the relevant Trade Office. The supervision over the protection of personal data is done by the Office for the Protection of Personal Data. The Czech Business Inspection conducts in a limited extent also the monitoring of observance of Act no. 634/1992 Coll., on consumer protection, as amended.
The buyer hereby takes over the danger of change of circumstances in the meaning of § 1765 par. 2 of the Civil Code.
Protection of personal data
The protection off buyer’s personal data, who is a physical person, is secured by the Act no. 101/2000 Coll., on the Protection of Personal Data, as amended.
By sending the goods the buyer agrees with the processing of its personal data: name and surname, residence address, identification number, email address, telephone number, bank account number (hereinafter together as “personal data”).
The buyer agrees with the collecting and processing of personal data by the seller and that in order to implement the rights and obligations arising from the purchase contract and for the purpose of keeping a user account. Unless the buyer opts for a different method, it agrees with the processing of its data by the seller also for the purpose of sending information and commercial information to the buyer. The consent with processing of personal data in the entire extent is not a condition that would prevent conclusion of a purchase contract.
The buyer acknowledges that it is obliged to provide full and correct personal data and to inform the seller without a due delay about the change in its personal data.
A third party may be assigned by the seller to process buyer’s personal dat. Beside the persons delivering the goods and the processing party, personal data will not be provided by the seller to any third parties without a prior consent from the buyer.
Personal data will be processed for a period necessary for the processing purpose. Personal data will be processed in an electronic form in automated manner or in printed non-automated manner, always in a safe form preventing misuse. Personal data will be retained until they are erased upon buyer’s request. They will then not be processed any further.
The buyer confirms that the personal data provided are accurate and that the buyer was informed about providing personal data and that this is voluntary. The buyer may ask for the change or erasure of personal data electronically at firstname.lastname@example.org or by post at the seller’s branch of seat address.
Should the buyer arrive at the opinion that the seller or the processing entity is processing its personal data in breach of the protection of private and personal life of the buyer or in breach of the law, particularly if the personal data is inaccurate in respect to the purpose of their processing, it may:
- request and explanation from the seller or from the processing entity,
- request that the seller or the processing entity remedy this condition.
If the buyer asks for information about the processing of its personal data, the seller is obliged to hand over such information. The seller has the right to claim adequate remuneration, not exceeding the costs of their handling, for providing such information.
Sending of commercial information and cookies storing
The buyer agrees with sending of the information relating to the goods and services or sellers business to the electronic address of the buyer and the buyer further agrees with sending of commercial information of the seller t buyer’s electronic address. This consent may be revoked at any moment e.g. by a notification sent to the electronic address of the seller email@example.com.
The buyer agrees with storing of the so-called cookies on its PC. If it is possible to perform the obligations of the buyer arising from the purchase contract without cookie storing, then the buyer may revoke its consent at any time.
Written reports or information or other written documents will be delivered according to these commercial conditions to the contact address of the other party. The buyer may also be delivered at its electronic address.
If the relationship set up by this contract contains an international (foreign) element, the parties agree that the relationship is subject to Czech laws. This does not affect consumer’s rights arising from generally binding legal regulations.
If any of the provisions of the commercial conditions become invalid or ineffective, or shall become such, it will be replaced by provisions the meaning of which will be as close as possible to the meaning of the original provisions. The invalidity or ineffectiveness of a single provision does not affect the validity of other provisions. Amendments and additions to the purchase contract or to the commercial conditions have to be in written form.
The purchase contract, including the commercial conditions, are archived by the seller in an electronic form and upon buyer’s request the seller will permit access to them, but they are however not publically accessible. The information on individual technical steps leading to conclusion of the contract are apparent form the commercial conditions, where this process is legibly described and is apparent from the process of ordering at the e-shop.
Contact data of the seller: address of the seat: Osadní 799/26, Prague Post Code: 170 00; address for deliveries: Toužimská 720, 199 00 Prague; address for electronic communication: firstname.lastname@example.org; telephone +420 228 881 652 or 0032 380 827 84
The buyer acknowledges that the contents of seller’s web pages are protected by copyright and that the buyer is not allowed to infringe upon it. The buyer further acknowledges that by purchasing the products it is not entitled to using of any trademarks, commercial names, company logos etc.
These commercial conditions, including attachments - withdrawal forms – allowing the buyer to reproduce them and archive them are available for download here.
A sample form for withdrawal from the contract, is attached hereto.