Public Offer Agreement
I. Basic Provisions
• These General Terms and Conditions (hereinafter referred to as “Terms and Conditions”) are issued pursuant to § 1751 et seq. of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as “Civil Code”).
25 Coffee Roasters s.r.o.
ID No.: 19977123
Registered Office: Roztocká 45/37, Sedlec (Praha 6), 160 00 Prague
Registered with the Municipal Court in Prague, Section C, File No. 394930.
Address: Roztocká 45/37, Sedlec (Praha 6), 160 00 Prague
Email: salesb2c@25coffeeroasters.com
Phone: +420 607 188 715
(hereinafter referred to as “Seller”).
• These Terms and Conditions regulate the mutual rights and obligations of the Seller and any individual entering into a purchase agreement outside their business activities as a consumer or within their business activities (hereinafter referred to as “Buyer”) via the web interface located on the website https://25coffeeroasters.com (hereinafter referred to as “Online Store”).
• The provisions of the Terms and Conditions form an integral part of the purchase agreement. Any divergent provisions in the purchase agreement take precedence over the provisions of these Terms and Conditions.
• These Terms and Conditions and the purchase agreement are concluded in the Czech language.
II. Information about Goods and Prices
• Information about goods, including the prices of individual items and their main characteristics, is provided in the Online Store’s catalog. The prices of goods are final and include all related charges. The Seller is not a VAT payer. The prices of goods remain valid as long as they are displayed in the Online Store. This provision does not preclude the negotiation of a purchase agreement under individually agreed terms.
• All presentations of goods in the Online Store catalog are for informational purposes only. The Seller is not obligated to conclude a purchase agreement for these goods.
• The Online Store provides information about the costs associated with the packaging and delivery of goods. These costs apply only to deliveries within the Czech Republic.
• Discounts on the purchase price of goods cannot be combined unless expressly agreed otherwise with the Buyer.
III. Orders and Conclusion of the Purchase Agreement
• Costs incurred by the Buyer when using remote communication means in connection with the conclusion of the purchase agreement (internet connection costs, phone call costs) are borne by the Buyer. These costs correspond to the standard rates of the service providers.
• The Buyer can place an order in the following ways:
• via their customer account, if previously registered in the Online Store,
• by completing the order form without registration.
• When placing an order, the Buyer selects the goods, quantity, payment method, and delivery method.
• Before submitting the order, the Buyer can review and amend the entered data. The Buyer submits the order to the Seller by clicking on the “Confirm Order” button. The data provided in the order is considered correct. A condition for the validity of the order is the completion of all required fields in the order form and confirmation by the Buyer that they have read these Terms and Conditions.
• After receiving the order, the Seller will send the Buyer confirmation of receipt to the email address provided during the order process. This confirmation is automatic and is not considered the conclusion of the purchase agreement. The Terms and Conditions in effect at the time of the order are attached to the confirmation.
• The purchase agreement is concluded only upon acceptance of the order by the Seller. Notification of acceptance is sent to the Buyer’s email address.
• If the Seller cannot fulfill any of the requirements stated in the order, they will send an amended offer to the Buyer’s email address. The amended offer is considered a new proposal for the purchase agreement, which is concluded upon confirmation of acceptance by the Buyer sent to the Seller’s email address.
• All orders accepted by the Seller are binding. The Buyer can cancel an order until the Buyer receives a notification of acceptance by the Seller. The order can be canceled by phone or email to the contact details provided in these Terms and Conditions.
• If there is an obvious technical error in the price of the goods in the Online Store or during the ordering process, the Seller is not obligated to deliver the goods at this incorrect price, even if the Buyer has received an automatic confirmation of receipt of the order. The Seller will promptly inform the Buyer of this error and send an amended offer to the Buyer’s email address. The amended offer is considered a new proposal for the purchase agreement, which is concluded upon confirmation of acceptance by the Buyer.
IV. Customer Account
• Based on the Buyer’s registration in the Online Store, the Buyer can access their customer account. From the customer account, the Buyer can place orders for goods. Goods can also be ordered without registration.
• When registering a customer account and when ordering goods, the Buyer is required to provide correct and truthful information. The Buyer is obligated to update the data in the customer account in the event of any changes. The data provided by the Buyer in the customer account and when ordering goods is considered correct by the Seller.
• Access to the customer account is secured by a username and password chosen by the Buyer. The Buyer is required to keep the access credentials confidential. The Seller is not responsible for any misuse of the customer account by third parties.
• The Buyer is not authorized to allow the use of the customer account by third parties.
• The Seller reserves the right to cancel the customer account if the Buyer has not used the account for more than 6 months or if the Buyer violates their obligations arising from the purchase agreement or these Terms and Conditions.
• The Buyer acknowledges that the customer account may not be available continuously, especially with respect to the necessary maintenance of the Seller’s hardware and software equipment or that of third parties.
V. Payment Terms and Delivery of Goods
• Payment Methods
The Buyer may pay for the goods and any associated packaging and delivery costs under the purchase agreement in the following ways:
• By bank transfer to the Seller’s account number 131-3198120297/0100, maintained at Komerční banka a.s.
• By card via the online payment gateway.
• In cash upon personal collection at the Seller’s address: Roztocká 45/37, Sedlec, 160 00 Prague.
• Payment Conditions
• Together with the purchase price, the Buyer is obligated to pay the Seller the costs associated with packaging and delivery in the amount specified during the order process.
• Unless otherwise stated, the purchase price also includes packaging and delivery costs.
• For bank transfers, the purchase price is due within 10 days of the conclusion of the purchase agreement.
• The obligation of the Buyer to pay the purchase price is fulfilled when the corresponding amount is credited to the Seller’s account.
• Delivery of Goods
• Goods are delivered to the address specified by the Buyer in the order.
• Personal collection is available at the Seller’s address: Roztocká 45/37, Sedlec, 160 00 Prague.
• Delivery Conditions
• The delivery costs are specified in the order and confirmed by the Seller.
• If the method of delivery is agreed upon based on a special request from the Buyer, the Buyer assumes the risk and any additional costs associated with this delivery method.
• The Buyer is required to accept the goods upon delivery. If the Buyer causes the need for repeated delivery or a different delivery method than initially agreed, the Buyer is responsible for the associated costs.
• Inspection upon Receipt
• The Buyer is required to check the integrity of the packaging upon receipt of the goods and immediately report any defects to the carrier.
• If the packaging shows signs of unauthorized tampering, the Buyer is not obligated to accept the shipment.
• Invoice and Ownership of Goods
• The Seller will issue the Buyer an invoice, which will be included with the delivered goods.
• Ownership of the goods passes to the Buyer only upon full payment of the purchase price, including delivery costs, and upon receipt of the goods.
• Responsibility for accidental loss, damage, or destruction of the goods passes to the Buyer upon receipt of the goods or when the Buyer was required to take possession but failed to do so contrary to the purchase agreement.
VI. Withdrawal from the Contract
• Right to Withdraw
The Buyer, who has concluded a purchase agreement outside the scope of their business activities as a consumer, has the right to withdraw from the agreement without giving any reason.
• Withdrawal Period
The withdrawal period is 14 days:
• From the day the goods are received.
• From the day the last delivery of goods is received if the contract covers multiple types of goods or delivery of several parts.
• From the day the first delivery of goods is received for contracts involving regular recurring deliveries.
• Exceptions to the Right of Withdrawal
The Buyer cannot withdraw from the contract in the following cases:
• Services that have been fully provided with the Buyer’s prior explicit consent and acknowledgment that they will lose the right to withdraw once the services are fully performed.
• Goods or services whose price depends on financial market fluctuations beyond the Seller’s control.
• Goods customized according to the Buyer’s wishes or for their personal use.
• Goods that are perishable or mixed inseparably with other goods after delivery.
• Goods in sealed packaging that the Buyer has opened, which for hygiene reasons cannot be returned.
• Delivery of digital content not supplied on a tangible medium, provided it was delivered with the Buyer’s prior explicit consent.
• Procedure for Withdrawal
• The Buyer must notify the Seller of their decision to withdraw within the specified withdrawal period.
• The Buyer may use the standard withdrawal form provided by the Seller.
• Notification of withdrawal must be sent to salesb2c@25coffeeroasters.com or the Seller’s postal address: Roztocká 45/37, Sedlec, 160 00 Prague.
• Return of Goods
• The Buyer must return the goods to the Seller within 14 days of withdrawal.
• The costs of returning the goods are borne by the Buyer, even if the goods cannot be returned via standard mail due to their nature.
• Refunds
• The Seller will refund all payments received from the Buyer, including delivery costs, no later than 14 days from the receipt of the withdrawal notification.
• Refunds may be withheld until the goods are returned or the Buyer provides proof of return shipment.
• Conditions for Returning Goods
• Goods must be returned undamaged, unused, and clean, preferably in the original packaging.
• The Seller reserves the right to offset any damage to the goods against the refund amount.
VII. Rights Arising from Defective Performance
• Warranty on Goods
The Seller guarantees that the goods are free from defects upon receipt by the Buyer. In particular, the Seller ensures that the goods:
• Have the properties agreed upon, or if no agreement is made, have properties that the Seller or manufacturer described or that the Buyer expected based on the nature of the goods and advertising.
• Are fit for the purpose stated by the Seller or for which goods of this type are usually used.
• Match the quality or design of a sample or template, if the quality or design was determined according to a sample or template.
• Are in the correct quantity, measurement, or weight and comply with the requirements of legal regulations.
• Claim Periods
• If a defect becomes apparent within six months of receipt, it is presumed that the goods were defective at the time of delivery.
• The Buyer has the right to claim defects in the goods within 24 months of receipt.
• This does not apply to goods sold at a reduced price due to the defect for which the price was reduced, normal wear and tear, or defects in used goods consistent with the degree of use or wear that the goods exhibited when received.
• Options for Claim Resolution
In the event of a defect, the Buyer may request:
• Replacement of the goods with new goods.
• Repair of the goods.
• A reasonable discount on the purchase price.
• Withdrawal from the contract (in cases of significant defects).
• Right to Withdraw from the Contract
The Buyer has the right to withdraw from the contract in the following cases:
• If the goods have a significant defect.
• If the Buyer cannot use the goods properly due to recurring defects after repair.
• If there are multiple defects in the goods.
• Procedure for Filing a Claim
• Claims can be filed in person at the Seller’s registered address: Roztocká 45/37, Sedlec, 160 00 Prague, or electronically via email at salesb2c@25coffeeroasters.com.
• The Seller is obligated to provide the Buyer with written confirmation of the date the claim was filed, the content of the claim, and the requested method of resolution.
• Claim Resolution
• The Seller will resolve the claim without undue delay, no later than 30 days from the date of the claim unless agreed otherwise with the Buyer.
• The Seller will inform the Buyer of the claim’s resolution in writing.
• Exclusions from Liability
The rights arising from defective performance do not apply if:
• The Buyer knew about the defect before receiving the goods.
• The defect was caused by the Buyer.
• Legal Framework
The rights and obligations arising from defective performance are governed by §§ 1914–1925, §§ 2099–2117, and §§ 2161–2174 of the Civil Code, as well as Act No. 634/1992 Coll., on Consumer Protection.
VIII. Communication
• All written communication between the Seller and Buyer can be delivered via electronic mail.
• The Buyer will send correspondence to the Seller at the email address specified in these Terms and Conditions. The Seller will send correspondence to the Buyer at the email address provided in their customer account or order.
IX. Alternative Dispute Resolution
• Alternative Consumer Dispute Resolution
The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, and website https://adr.coi.cz/cs, is responsible for out-of-court resolution of consumer disputes arising from purchase agreements.
• Online Dispute Resolution Platform
An online dispute resolution platform, located at http://ec.europa.eu/consumers/odr, can be used to resolve disputes between the Seller and Buyer.
• European Consumer Centre
The European Consumer Centre in the Czech Republic, based at Štěpánská 567/15, 120 00 Prague 2, and website http://www.evropskyspotrebitel.cz, acts as a contact point under Regulation (EU) No 524/2013 on consumer dispute resolution.
• Trade License Supervision
The Seller is authorized to sell goods based on a trade license. Supervision of trade activities is conducted by the relevant Trade Licensing Office.
• Consumer Protection Supervision
The Czech Trade Inspection Authority monitors compliance with Act No. 634/1992 Coll., on Consumer Protection, to the extent specified by law.
X. Final Provisions
• Governing Law
All agreements between the Seller and Buyer are governed by the laws of the Czech Republic. If a relationship established by the purchase agreement contains an international element, the parties agree that the relationship is governed by Czech law. This does not affect the consumer’s rights under generally binding legal regulations.
• Codes of Conduct
The Seller is not bound by any codes of conduct in relation to the Buyer under § 1826(1)(e) of the Civil Code.
• Intellectual Property
All rights to the Seller’s website, including copyright to the content, layout, photos, videos, graphics, trademarks, logos, and other elements, belong to the Seller. Copying, modifying, or otherwise using the website or its parts without the prior written consent of the Seller is prohibited.
• Liability for Third-Party Interventions
The Seller is not liable for errors caused by third-party interventions in the Online Store or its misuse. The Buyer must not use procedures that could adversely affect the operation of the Online Store or engage in activities that allow unauthorized access to the Online Store’s software or other components.
• Assumption of Risk of Circumstances
The Buyer assumes the risk of changes in circumstances under § 1765(2) of the Civil Code.
• Archiving of the Purchase Agreement
The purchase agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible to third parties.
• Changes to the Terms and Conditions
The Seller reserves the right to amend or supplement the Terms and Conditions. Changes or amendments do not affect rights and obligations arising during the validity of the previous version of the Terms and Conditions. The current version of the Terms and Conditions is always available on the Seller’s website https://25coffeeroasters.com.
• Attachments
These Terms and Conditions include an attachment: the Withdrawal Form Template.
• Effective Date
These Terms and Conditions are effective from January 10, 2025.