Terms and Conditions
TERMS AND CONDITIONS OF THE ONLINE SHOP www.boxxi.cz
Operator:
Boxxi food solutions s.r.o. (hereinafter also referred to as Boxxi food solutions)
Registered office: Mojmírova 130/4, Nusle, 140 00 Praha 4
ID: 09165754
Registered at the Municipal Court in Prague, insert C 331967
These General Terms and Conditions (hereinafter referred to as GTC) govern the sale of goods through the online webshop located at www.boxxi.cz.
I. INTRODUCTORY PROVISIONS - SERVICE(S) - DESCRIPTION, CHANGES TO THE TERMS AND CONDITIONS
1.1 These GTC govern in particular the mutual rights and obligations of the parties arising in connection with or on the basis of a contract for the time-limited purchase of goods and/or the use of the services of Boxxi food solutions (hereinafter referred to as the "Contract") concluded between Boxxi food solutions and the purchaser(s) (hereinafter referred to as the "Customer") who purchases or intends to purchase from Boxxi food solutions the service and/or goods offered on the aforementioned internet portal via the portal www.boxxi.cz.
1.2 These GTC are intended exclusively for the purchase of goods by the Customer (end consumer) for the purpose of direct consumption (i.e. they are intended exclusively for consumer contracts). It is a consumer contract if you are a consumer, i.e. if you are a natural person and you order the provision of a service outside the scope of your business activity or outside the scope of your independent exercise of your profession. Otherwise, it would not be a consumer contract and you would not be covered by consumer protection under the law and these terms and conditions.
1.3 As a consumer, the Customer shall in particular:
- the right to be informed prior to the conclusion of the contract (the information is contained in these terms and conditions and on the web interface).
However, as a consumer, the Customer does not have the option to withdraw from the contract within 14 days "without giving any reason" as this is a perishable product. The Customer confirms that he/she is requesting performance before the expiry of the withdrawal period.
1.4 Provisions deviating from the GTC may be regulated in the offer of goods and/or services of Boxxi food solutions advertised on the Internet portal www.boxxi.cz. Such deviating provisions, if any, shall prevail over these GTC.
1.5 The provisions of these GTC are an integral part of the Contract. The Contract and the GTC are drawn up in the Czech language. The Contract is concluded only in the Czech language.
1.6 Boxxi food solutions may unilaterally change or amend the wording of the GTC. This provision does not affect the rights and obligations arising during the validity of the previous version of the GTC. Boxxi food solutions shall inform Customers of changes to the GTC on the Internet portal www.boxxi.cz or in any other appropriate manner so that the Customer can become familiar with the current version of the GTC without undue difficulty.
II. CONCLUSION OF THE CONTRACT BETWEEN BOXXI FOOD SOLUTIONS AND THE CUSTOMER
2.1 How do we conclude a contract?
The final prices of goods and services are shown on the web interface, including VAT. No prior registration is required to conclude a contract. However, you must complete the web form in accordance with these terms and conditions. You must fill in the required information in the web form. We consider the information provided in the web form to be correct and complete. Before submitting the web form for processing, you have the opportunity to check and change the data entered in the web form. You can submit the web form for processing by pressing the "Continue" or "Register" button.
2.2 When is the contract concluded?
The Contract is concluded when Boxxi food solutions confirms the Customer's order electronically to the email address specified in the Order. The Order confirmation must contain in particular the following information: identification of the Buyer, type of goods, number of items, price for the goods, method of delivery, price for delivery of the goods by the carrier and delivery address.
2.3 Text form of the contract
The contract shall not be in writing with the signatures of the parties. It is concluded remotely, via the Internet. The Contract consists of these Terms and Conditions, our offer of services on the web interface and the Order Form filled in by you. Before submitting the Order, you are allowed to check and modify the data you have entered in the Order, including with regard to your ability to detect and correct any errors made when entering data into the Order. To submit your Order, click on the "Finish and Pay" button. The information provided in the Order is deemed correct upon submission. Boxxi food solutions will acknowledge receipt of the Order promptly upon receipt of the Order to the email address you provided in the Order. Further amendment of the Order cancellation is regulated in ad III of the GTC.
2.4 What if you don't understand something in the contract?
If you have any questions about the terms and conditions or the contract, you can contact us by e-mail. We will be happy to provide you with all the necessary information.
2.5 In which languages can the contract be concluded?
The contract can be concluded in Czech and English. In the event of disputed points, the Czech version of the contract and terms and conditions shall always be considered binding.
2.6 Is the contract stored anywhere?
We archive the contract (including these terms and conditions) in electronic form. The Contract is not accessible to third parties.
2.7 In particular, the Customer is aware of the following obligations to Boxxi food solutions and therefore warrants the following:
(a) is fully capable of exercising his or her legal capacity, in particular with regard to his or her age, or is represented by a legal representative,
b) the customer acknowledges that Boxxi food solution is entitled to request proof of identity by producing a personal document.
(c) all information provided by Boxxi food solutions is true, complete, accurate and correct,
(d) the payment of the price does not circumvent or violate the rights of third parties and is entitled to use the financial resources used for payment,
e) has thoroughly familiarized himself/herself with these GTC before using the www.boxxi.cz Internet portal, that he/she understands and agrees with them,
f) does not purchase goods on the Internet portal www.boxxi.cz as a business person or for a business person, nor will he/she resell them to third parties (in particular alcoholic and/or tobacco products).
2.8 In addition to the Customer or his/her representative, a natural person over 18 years of age who resides at the Customer's home or other premises and who provides a credible proof of identity or a one-time PIN code to the person handing over the goods to the Customer on behalf of Boxxi food solutions may accept the goods on behalf of the Customer.
2.9 In order to conclude the Purchase Contract, the Customer will never request the issuance of a tax document in accordance with Act No. 235/2004 Coll., on Value Added Tax, as amended, at the time of delivery of the goods, since since the Customer has the right to withdraw from the Contract at the time of delivery of the goods and therefore not to take delivery of certain goods, it would be technically and temporally impossible to correct the tax document on the spot. For this reason, the Customer will only be given a receipt for payment alongside the goods. The tax receipt will be available for download on the Customer's profile on the Internet portal www.boxxi.cz or will be sent to the Customer at the e-mail address provided.
2.10 The Customer acknowledges that Boxxi food solutions is not obliged to enter into the Agreement.
2.12. The Customer agrees to the use of remote means of communication when concluding the Contract. Costs incurred by the Customer when using remote means of communication in connection with the conclusion of the Contract (internet connection costs, telephone call costs, etc.) shall be borne by the Customer.
III. CHANGE AND CANCELLATION OF THE ORDER / WITHDRAWAL FROM THE CONTRACT
3.1.The order is binding for the Customer from the moment of its sending through the Internet portal www.boxxi.cz, its change is possible only if Boxxi food solutions contacts the Customer with the fact that the ordered goods are no longer in stock. Cancellation of the Order is possible by email to zakaznik@boxxi.cz within 30 minutes of placing the Order or within the notification that the goods are out of stock. Late cancellations will not be taken into account. In the case of perishable goods (fresh and chilled foodstuffs), the purchase price paid shall be a contractual penalty for breach of the customer's obligation to remove the ordered goods. The purchase price received is therefore not refundable and is automatically set off against the seller's claim for liquidated damages.
In the case of durable goods (with an expiration date of more than 30 days from production), the contractual penalty for non-compliance with the customer's obligation to collect the goods in this case is set at 100,- to 200,- CZK to cover handling costs depending on the type of delivery chosen. Goods not picked up within the stipulated time limit at the place of delivery or not collected from the carrier within the time limit specified in the order or an alternative date confirmed by both parties shall be returned to the Seller. In such case, the customer waives the right to delivery and the amount paid will be issued a credit for the next purchase assigned to the customer's email, less handling fees.
3.2 The Customer is obliged to indicate the Order number and the date of the Order in the change and cancellation of the Order.
3.3 If the Order is cancelled in time by the Customer (also applies to the cancellation of a purchase contract concluded by means of distance communication) or if the Order is cancelled for any other reason at a time when the Customer has already paid the purchase price of the goods or has taken the necessary actions to do so, Boxxi food solutions undertakes to issue a credit to the Buyer for the next purchase in the appropriate amount or to send the appropriate amount back to the Buyer's account within 30(thirty) days of the cancellation of the Order. Boxxi food solutions reserves the right to deduct a handling fee of 200,- CZK from the refunded amount. In order to maintain the time limit for the return of the funds already provided, it is sufficient if the Seller takes the necessary actions (e.g. makes a payment order or invites the Buyer to collect them) within this time limit in order to return them. Withdrawal from the contract for consumers is governed by the Civil Code (see also ad V. of these GTC)
IV. CLAIMS FOR GOODS
4.1 The Customer is obliged to immediately inspect the goods delivered from the Order and to immediately complain to Boxxi food solutions about any deficiencies found. The Customer must complain about taste, composition, damage to the goods or incomplete goods or other parameters of the goods that can be detected by external inspection immediately after they have been detected. Later claims will not be taken into account. If the goods (in particular food), when handed over to the Customer, exhibit defects which render them unfit for their intended use (for obvious reasons, e.g. the expiry date has expired or the goods are otherwise obviously unfit for heat treatment or consumption or their intended use), the Customer shall immediately return the goods to the relevant person who handed them over to the Customer on behalf of Boxxi Food Solutions.
4.2 The Seller provides the Buyer with a guarantee for the goods delivered via the Boxxi food solutions online shop, for foodstuffs until the expiry date or the minimum shelf life, or until the time until which the goods are to be consumed, if the conditions for storage are observed by the Customer and if the foodstuff has not been opened, except in cases where this is necessary to detect a defect. If defects occur in the delivered goods during the warranty period, the Customer is entitled to claim such defects without undue delay.
4.3 In the event that the Purchase Contract, the warranty card, the advertisement or the packaging of the goods specify different lengths of the warranty period, the longest of them shall apply.
4.4.The warranty period starts on the day of receipt of the goods by the Customer, if the subject of purchase is several types of goods or delivery of several parts, the warranty period starts from the day of receipt of the last delivery of goods.
4.5 Complaints about defects in the goods shall be made by the Customer preferably in writing to the address of Boxxi food solutions.
4.6 In the case of a legitimate complaint, the customer is entitled to reimbursement of postage in the amount necessary to settle the complaint (in the case of complaints abroad, the company does not pay reimbursement of postage). In the event of an unjustified claim, the consumer is not entitled to reimbursement of his costs associated with the handling of the claim.
4.7 A defect in the goods shall not be deemed to be a change in the goods which has occurred during the warranty period as a result of wear and tear or improper use, storage or improper intervention. The warranty does not apply to cases where the goods have been damaged mechanically (by falling, impact) or have been used in conditions that do not correspond to the parameters specified in the manufacturer's documentation, including storage of the goods. The warranty also does not apply to wear and tear caused by normal use of the goods, to goods modified in any way by the Customer or a third party. The warranty does not cover damage to the goods caused by natural disasters or weather conditions.
4.8 For goods sold at a lower price, the warranty does not apply to defects for which the lower price was agreed, for used goods to defects corresponding to the level of use or wear and tear that the goods had when taken over by the Customer.
4.9 The rights and obligations of the contracting parties with regard to rights arising from defective performance shall be governed by the applicable generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code). Within the scope of the methods of complaint settlement, the Customer is entitled, in particular if the defect can be removed without undue delay, to have the defect removed free of charge; if this is not unreasonable in view of the nature of the defect, the Customer may also demand the delivery of a new item without defects; if this is not possible, the Customer may withdraw from the Purchase Contract. The right to delivery of a new item even in the case of a removable defect, if the item cannot be used properly due to the recurrence of the defect after repair or due to a greater number of defects. In such a case, the Customer shall also have the right to withdraw from the Purchase Contract and the Buyer shall be paid the original purchase price in cash at the place of claim in such circumstances. If the Customer does not withdraw from the Purchase Contract or does not exercise the right to delivery of a new item without defects, the Customer may claim a reasonable discount. The Customer is also entitled to a reasonable discount if the Seller is unable to supply a new item without defects, to replace a part of the item or to repair the item, as well as if the Seller fails to remedy the defect within a reasonable period of time or if it would cause the Buyer considerable difficulty to remedy the defect. If a claim for goods is settled by the provision of a discount, the monetary difference between the original amount and the amount after the discount in the amount of the value of the discount shall be paid to the Customer at the place of the claim in cash, unless otherwise agreed with the Seller. Immediate replacement of the goods or part thereof is subject to their physical condition in the Seller's warehouse or shop. If the Customer requests an exchange of defective Goods for faultless Goods or a refund of the purchase price, the Customer must present the defective Goods complete, with all their accessories that were included in the original packaging of the Goods.
4.10 The Seller is obliged to decide on the complaint immediately, without undue delay, in more complex cases within three working days. This time limit does not include a reasonable period of time, depending on the type of goods, required for a professional assessment of the defect. The complaint, including the removal of the defect, must be settled without undue delay, at the latest within 30 days from the date of the complaint, unless the Seller agrees on a longer period. Within this period, the Seller shall also notify the Customer of the method of settlement of the complaint. Failure to meet the deadline shall be deemed a material breach of the Purchase Agreement.
V. WITHDRAWAL FROM THE CONTRACT
5.2 In accordance with the provisions of Section 1837 (e), (g) of the Civil Code, withdrawal from the Contract is not possible for perishable goods (food) (e.g. fish that cannot be reused for hygienic reasons) or for used goods (e.g. if the Customer damages the protective packaging of the goods or breaks the safety seal or if other contamination of the goods (e.g. food) may occur). With regard to compliance with hygiene standards and these GTC, the Customer agrees that Boxxi food solutions is entitled to refuse withdrawal from the Contract in the event of any suspected breach by the Customer and to return the returned goods to the Customer at the Customer's expense and if this is not possible (e.g. for hygiene reasons or due to a breach of the protective packaging), Boxxi food solutions is entitled to dispose of the goods immediately.
5.3 If the Customer withdraws from the Contract, Boxxi food solutions shall return to the Customer, without undue delay and no later than fourteen days after withdrawal from the Contract, all monies, including delivery costs, received from the Customer under the Contract in the same manner. Boxxi food solutions will only refund the funds received to the consumer in another way if the customer has agreed to this and if no further costs are incurred. If the Customer has chosen a method of delivery other than the cheapest method of delivery offered by Boxxi food solutions, Boxxi food solutions will refund the Customer the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery offered. Boxxi food solutions shall reimburse the Customer for the costs of returning the goods if it has not notified the Customer of its obligation to bear these costs in accordance with Section 1820(1)(g). If the Customer withdraws from the purchase contract, Boxxi food solutions shall not be obliged to return the funds received to the Customer before the Customer has handed over the goods to Boxxi food solutions or proved that Boxxi food solutions has dispatched the goods.
5.4 The Customer shall be liable for any diminution in the value of the goods resulting from the handling of the goods in a manner different from that required by their nature and characteristics.
5.5 If the returned goods are damaged, Boxxi food solutions may claim damages against the Customer and set off its claim against the refund. In this case, the Seller shall prove the damage incurred to the Customer and refund the reduced purchase amount to the Customer for its claim.
VI. PURCHASE PRICE AND PAYMENT TERMS
6.1 The price of the goods ordered by the Customer shall be governed by the prices listed for the ordered goods on the Boxxi food solutions website at the time the order is placed by the Buyer. The prices of the goods listed on the website include VAT at the statutory rate, unless the specific goods are expressly stated to be exclusive of VAT.
6.3 The purchase price for the delivered goods and any transport costs shall be paid by the Buyer by the selected payment methods.
6.4 The purchase price shall be deemed to be duly paid only when it is credited in full for a separate part of the delivery to the Seller's account or when it is paid in full in cash at the Seller's shop or to an employee of the transport company. The Customer may, in principle, take delivery of the goods only after full payment of the purchase price and any freight charges, unless otherwise agreed in writing by the parties.
6.5 The invoice issued by the Seller to the Customer on the basis of the purchase contract between the Seller and the Customer also serves as a tax document and delivery note (warranty card) and is sent by e-mail.
6.6 If the prices listed for individual types of goods on the Boxxi food solutions website are marked as special, then they are valid until the stock is sold out or until the next update of the offer.
VII. LIABILITY / COPYRIGHT
7.1 The Customer agrees that Boxxi food solutions s.r.o. is not responsible for the continuous uninterrupted and error-free and safe operation of the www.boxxi.cz website. Boxxi food solutions shall not be liable for any advertising or promotion carried out by any third party through the www.boxxi.cz internet portal, nor shall it be liable for any errors resulting from third party interference with the www.boxxi.cz internet portal or its use contrary to its intended purpose.
7.2 The availability of the goods is subject to stock availability and Boxxi food solutions does not guarantee the availability of the goods. In the event that the Order cannot be processed for any reason on the part of Boxxi food solutions, the Customer will be informed of this via the Boxxi food solutions customer service line or via the e-mail address provided by the Customer in the Order as the contact address.
7.3 Boxxi food solutions shall not be liable to the Customer or any third party for any damages, lost profits, costs incurred, business interruption or other damages arising from the use of the information provided on the Boxxi food solutions website. The information about the goods provided on the Boxxi food solutions website shall not be deemed to be a statement as to the suitability of such goods for any particular purpose.
7.4 The Customer uses the www.boxxi.cz website at his/her own risk and agrees that the photographs on the www.boxxi.cz website may be illustrative only.
7.5 All materials published on the Boxxi food solutions website are protected by copyright law. This website and its individual parts (in particular descriptions and illustrations of the goods sold, categorization of goods) may not be copied electronically or mechanically and made available to the public or otherwise used without the prior written permission of the Seller as copyright holder.
VIII. ALCOHOLIC BEVERAGES
8.1 Alcoholic beverages may only be sold to persons over 18 years of age; the sale to younger persons is prohibited. If it cannot be reliably verified (e.g. by sending a copy of the ID card) that the Customer is over 18 years of age, the goods will not be handed over and Boxxi food solutions is entitled to withdraw from the Contract, unless the goods have been handed over to the Customer's legal representatives.
IX. MISUSE OF THE SERVICE, AVAILABILITY OF THE SERVICE, OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
9.1 When using the www.boxxi.cz Internet portal, the Customer is not entitled to use mechanisms, software or other procedures that could have a negative impact on the operation of the www.boxxi.cz Internet portal. The Internet portal www.boxxi.cz may only be used to the extent that it is not to the detriment of the rights of other Boxxi food solutions customers and is in accordance with its intended use.
9.2 Boxxi food solutions reserves the right to restrict or terminate the Customer's or any third party's access to the www.boxxi.cz website at any time.
9.8 Boxxi food solutions is not bound by any codes of conduct in relation to the Customer within the meaning of Section 1826(1)(e) of Act No. 89/2012 Coll., the Civil Code.
X. Data protection and consent to processing
10.1 How Boxxi food solutions processes the Customer's personal data is described in the Customer Privacy section. The Customer acknowledges that he/she is obliged to provide his/her personal data correctly and truthfully and that he/she is obliged to inform Boxxi food solutions of any change in his/her personal data without undue delay.
XI. Delivery and acceptance
11.1 Unless otherwise agreed, all correspondence relating to the Contract must be delivered to the other Party in writing, by electronic mail, or in person or by registered mail through a postal service provider. The Customer shall be delivered to the electronic mail address specified in the Order.
11.2 In the case of delivery by electronic mail, the message is deemed to have been delivered at the moment of receipt on the incoming mail server. A message delivered in person or through a postal service provider shall be deemed to have been received when the addressee accepts the parcel or refuses to accept the parcel. In the case of delivery through a postal service provider, the consignment shall also be deemed to have been delivered on expiry of the period of ten (10) days from the deposit of the consignment and the giving of a request to the addressee to take delivery of the deposited consignment, if the consignment is deposited with the postal service provider, even if the addressee has not been informed of the deposit.
XII. Final Provisions
12.1 If the relationship related to the use of the www.boxxi.cz website or the legal relationship established by the Agreement contains an international (foreign) element, then the parties agree that the relationship is governed by the laws of the Czech Republic. This is without prejudice to the rights of the Customer (consumer) arising from generally binding legal regulations. In the event of a legal dispute between the Customer and Boxxi food solutions, the court of competent jurisdiction is the court of the registered office of Boxxi food solutions.
12.2 In the event of a dispute between the Customer and Boxxi food solutions, the Customer may also use the possibility of out-of-court dispute resolution. In this case, the Customer may contact the out-of-court dispute resolution body, which is the Czech Trade Inspection Authority (www.coi.cz) and follow the rules set out there. More information on out-of-court dispute resolution can also be found on the website of the Czech Trade Inspection.
12.3 Boxxi food solutions is authorised to carry out this activity on the basis of a trade licence and the activity is not subject to any other authorisation. Trade control is carried out within the scope of its competence by the Trade Licensing Authority.
12.4 If any provision of the GTC is or becomes invalid or ineffective, such invalid provisions shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of any provision shall not affect the validity and effectiveness of the remaining provisions.
XIII. Customer support contact details:
- Internet portal/ e-shop: www.boxxi.cz
- Customer phone line. +420 774 328 080
Any questions, suggestions, comments or complaints can be addressed to zakaznik@boxxi.cz. If they cannot be resolved, they can be referred to the state supervisory authorities and the courts.
These General Terms and Conditions shall come into force on 20 August 2024.