TERMS AND CONDITIONS

8GRAM is operated by Temporary Madness s.r.o., Příčná 1892/4, Nové Město, 110 00 Praha 1, IČ: 17196388, VAT ID: CZ17196388, to sell goods through the online shop powered by WooCommerce at https://8gramcoffee.cz.

1. INTRODUCTORY PROVISIONS

1.1. These terms and conditions (hereinafter referred to as the “terms and conditions”) of the seller Temporary Madness s.r.o., with registered office at Příčná 1892/4, Nové Město, identification number: 17196388 (hereinafter referred to as the “seller”), regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or based on the purchase contract (hereinafter referred to as the “purchase contract”) concluded between the seller and another natural person (hereinafter referred to as the “buyer”) via the seller’s online store. The online store is operated by the seller on a website located at the internet address https://8gramcoffee.cz (hereinafter referred to as the “website”), through the website interface (hereinafter referred to as the “store web interface”).

1.2. These terms and conditions do not apply in cases where the person intending to purchase goods from the seller is a legal entity or a person acting within the scope of their business activities or independent profession when ordering goods.

1.3. Provisions deviating from the terms and conditions can be negotiated in the purchase contract. Such deviating provisions take precedence over those in the terms and conditions.

1.4. These terms and conditions form an integral part of the purchase contract. The purchase contract and the terms and conditions are drafted in the English language. The purchase contract may be concluded in English.

1.5. The wording of the terms and conditions may be changed or supplemented by the seller. This does not affect rights and obligations arising during the validity period of the previous version of the terms and conditions.

2. USER ACCOUNT

2.1. Based on the buyer’s registration on the website, they can access their user interface. The buyer may order goods from their user interface (hereinafter referred to as the “user account”). If the store’s web interface allows, the buyer can also order goods without registration directly from the store’s web interface.

2.2. When registering on the website and when ordering goods, the buyer is required to enter all data correctly and truthfully. The buyer must update the data specified in their user account in case of any changes. The data provided by the buyer in the user account and when ordering goods are deemed correct by the seller.

2.3. Access to the user account is secured by a username and password. The buyer is required to maintain confidentiality regarding the information necessary to access their user account.

2.4. The buyer is not authorized to allow third parties to use the user account.

2.5. The seller may cancel the user account, especially if the buyer does not use their user account for more than three months, or if the buyer violates their obligations under the purchase contract (including the terms and conditions).

2.6. The buyer acknowledges that the user account may not be available continuously, particularly due to necessary maintenance of the seller’s hardware and software equipment, or necessary maintenance of third parties’ hardware and software equipment.

3. CONCLUSION OF THE PURCHASE AGREEMENT

3.1. All presentations of goods placed in the store’s web interface are of an informative nature, and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732, paragraph 2 of the Civil Code shall not apply.

3.2. The store’s web interface contains information about the goods, including the prices of individual items and the costs for returning the goods if these goods cannot, by their nature, be returned by the usual postal route. The prices of goods are listed including value added tax and all related fees. The prices of the goods remain valid as long as they are displayed in the store’s web interface. This provision does not limit the seller’s ability to conclude a purchase contract under individually agreed conditions.

3.3. The store’s web interface also contains information about the costs associated with packaging and delivering the goods. The information on these costs provided in the store’s web interface is valid only in cases where the goods are delivered within the territory of the Czech Republic.

3.4. To order goods, the buyer fills out the order form in the store’s web interface. The order form primarily contains information about:

3.4.1. The ordered goods (which the buyer “places” into the electronic shopping cart of the store’s web interface);

3.4.2. The method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods; and

3.4.3. Information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the “order”).

3.5. Before sending the order to the seller, the buyer is given the opportunity to check and change the data they have entered in the order, considering the possibility to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking the “Complete order” button. The data listed in the order are deemed correct by the seller. Immediately after receiving the order, the seller will confirm receipt to the buyer by e-mail, to the buyer’s e-mail address specified in the user account or in the order (hereinafter referred to as the “buyer’s e-mail address”).

3.6. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by phone).

3.7. The contractual relationship between the seller and the buyer is established by the delivery of an order acceptance (confirmation), which the seller sends to the buyer by e-mail to the buyer’s e-mail address.

3.8. The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using remote means of communication in connection with the conclusion of the purchase contract (e.g., Internet connection costs, telephone call costs) are borne by the buyer themselves, and these costs do not differ from the basic rate.

4. PRICE OF GOODS AND TERMS OF PAYMENT

4.1. The buyer may pay the price of the goods and any costs associated with delivery according to the purchase contract to the seller in the following ways:

• In cash at the seller’s premises;
• In cash on delivery at the place specified by the buyer in the order;
• By cashless transfer to the seller’s CZK account No. 2102265746/2010 (IBAN CZ7120100000002102265746) or EUR account No. 2402265748/2010 (IBAN CZ5220100000002402265748), maintained at Fio banka a.s. (hereinafter referred to as the “seller’s account”);

4.2. Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.

4.3. The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Article 4.6 of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4. When paying in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within fourteen (14) days from the conclusion of the purchase contract.

4.5. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. The buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller’s account.

4.6. The seller is entitled, especially if the buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the entire purchase price before sending the goods to the buyer. The provisions of § 2119, paragraph 1 of the Civil Code shall not apply.

4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.

4.8. If it is customary in business dealings or stipulated by generally binding legal regulations, the seller will issue a tax document—an invoice—to the buyer regarding payments made based on the purchase contract. The seller is a payer of value added tax. The seller issues the tax document—the invoice—to the buyer after payment of the price of the goods and sends it in electronic form to the buyer’s e-mail address.

5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

5.1. The buyer acknowledges that, according to the provisions of § 1837 of the Civil Code, among other things, it is not possible to withdraw from the purchase contract:

• For the supply of goods that have been modified according to the buyer’s wishes or for their person;
• For the supply of goods that are subject to rapid deterioration, as well as goods which were irretrievably mixed with other goods after delivery;
• For the supply of goods in sealed packaging, which the consumer removed from the packaging and cannot be returned for hygienic reasons;
• For the supply of an audio or video recording or a computer program, if the original packaging has been violated.

5.2. If it is not a case mentioned in Article 5.1 of the terms and conditions or another case where withdrawal from the purchase contract is not possible, the buyer has the right to withdraw from the purchase contract in accordance with § 1829 paragraph 1 of the Civil Code, within fourteen (14) days from the acceptance of the goods; in the case where the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the day of acceptance of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer may use the sample form provided by the seller, which is an appendix to these terms and conditions. Withdrawal from the purchase contract can be sent by the buyer to, among other things, the address of the seller’s place of business or to the seller’s e-mail address [email protected].

5.3. In case of withdrawal from the purchase contract according to Article 5.2 of the terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by the usual postal route due to their nature.

5.4. In the event of withdrawal from the contract according to Article 5.2 of the terms and conditions, the seller will return the funds received from the buyer within fourteen (14) days of the buyer’s withdrawal from the purchase contract, in the same manner as the seller received them from the buyer. The seller is also entitled to return the payment provided by the buyer when the goods are returned by the buyer or in another way, if the buyer agrees and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to the seller or proves that they have sent the goods to the seller.

5.5. The seller is entitled to unilaterally offset the claim for payment of damage caused to the goods against the buyer’s claim for a refund of the purchase price.

5.6. In cases where the buyer has the right to withdraw from the purchase contract in accordance with § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time until the buyer accepts the goods. In such a case, the seller will return the purchase price to the buyer without undue delay, by cashless transfer to the account designated by the buyer.

5.7. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the suspensive condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift ceases to be effective, and the buyer is obliged to return the goods to the seller together with the given gift.

6. TRANSPORT AND SHIPMENT

6.1. In the event that the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.

6.2. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.

6.3. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.

6.4. When taking over the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the transporter immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.

6.5. Additional rights and obligations of the parties during the transportation of goods may be regulated by the seller’s special delivery conditions, if issued by the seller.

7. RIGHTS FROM DEFECTIVE PERFORMANCE

7.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of § 1914 to 1925, § 2099 to 2117, and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended).

7.2. The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:

7.2.1. The goods have the properties agreed upon by the parties and, in the absence of an agreement, have the properties that the seller or manufacturer has described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising;

7.2.2. The goods are suitable for the purpose that the seller states for their use or for which goods of this type are usually used;

7.2.3. The quality or design of the goods corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model;

7.2.4. The goods are in the corresponding quantity, measure, or weight; and

7.2.5. The goods comply with the requirements of legal regulations.

7.3. The provisions set out in Article 7.2 of the terms and conditions do not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear of the goods caused by normal use, in the case of used goods, to a defect corresponding to the degree of use or wear that the goods had at the time of receipt by the buyer, or if it follows from the nature of the goods.

7.4. If a defect becomes apparent within six months of receipt, it is considered that the goods were already defective upon receipt. The buyer is entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of receipt.

7.5. Rights from defective performance are exercised by the buyer at the address of the seller’s place of business, where acceptance of the complaint is possible with regard to the range of goods sold, or possibly at the registered office or place of business.

7.6. Additional rights and obligations of the parties related to the seller’s liability for defects may be regulated by the seller’s complaint procedure.

8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.

8.2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 paragraph 1 letter e) of the Civil Code.

8.3. The seller handles consumer complaints via the electronic address [email protected]. The seller will send information about handling the buyer’s complaint to the buyer’s email address.

8.4. The out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: http://www.coi.cz/. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr/ can be used to resolve disputes between the seller and the buyer from the purchase contract.

8.5. The European Consumer Center Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz/, is a contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).

8.6. The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection, to a defined extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.

8.7. The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765, paragraph 2 of the Civil Code.

9. PROTECTION OF PERSONAL DATA

9.1. The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.

9.2. The buyer agrees to the processing of their personal data: first and last name, residential address, identification number, tax identification number, e-mail address, telephone number, and date of birth (hereafter referred to as “personal data”).

9.3. The buyer agrees to the processing of personal data by the seller for the purposes of fulfilling rights and obligations from the purchase contract and for maintaining the user account. Unless the buyer chooses otherwise, they also agree to the processing of personal data by the seller for the purpose of sending information and commercial messages to the buyer. Consent to the processing of personal data in its entirety according to this article is not a condition that would in itself prevent the conclusion of a purchase contract.

9.4. The buyer acknowledges that they are obliged to provide their personal data correctly and truthfully (when registering, in their user account, when ordering from the store’s web interface) and that they are obliged to inform the seller without undue delay of any changes to their personal data.

9.5. The seller can entrust the processing of the buyer’s personal data to a third party as a processor. Apart from the persons transporting the goods, personal data will not be transferred by the seller to third parties without the prior consent of the buyer.

9.6. Personal data will be processed for an indefinite period. Personal data will be processed electronically in an automated manner or in printed form in a non-automated manner.

9.7. The buyer confirms that the personal data provided is accurate and that they have been informed that the provision of personal data is voluntary.

9.8. In the event that the buyer believes that the seller or the processor (Article 9.5) is processing their personal data in violation of the protection of the buyer’s private and personal life or in violation of the law, especially if the personal data is inaccurate with regard to the purpose of their processing, they may:

9.8.1. Request an explanation from the seller or processor;

9.8.2. Require the seller or processor to remedy the situation.

9.9. If the buyer requests information about the processing of their personal data, the seller is obliged to provide this information. The seller has the right to request a reasonable fee not exceeding the costs necessary for providing this information.

10. SENDING COMMERCIAL MESSAGES AND STORING COOKIES

10.1. The buyer agrees to receive information related to the seller’s goods, services, or business at the buyer’s e-mail address and further agrees to the seller sending commercial messages to the buyer’s e-mail address.

10.2. The buyer agrees to the storage of cookies on their computer. If it is possible to make a purchase on the website and fulfill the seller’s obligations from the purchase contract without cookies being stored on the buyer’s computer, the buyer may revoke the consent according to the previous sentence at any time.

11. DELIVERY

11.1. Communication can be delivered to the buyer’s email address.

12. FINAL PROVISIONS

12.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.

12.2. If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.

12.3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

12.4. The annex to the terms and conditions consists of a sample form for withdrawing from the purchase contract and a sample form for making a complaint.

12.5. Contact details of the seller: address for delivery: Temporary Madness s.r.o., Příčná 1892/4, Nové Město, 110 00 Praha 1, e-mail address [email protected], telephone +420723646710

In Prague on November 8, 2024