Terms and Conditions

I. Basic Provisions

1. These General Terms and Conditions (hereinafter the “Terms and Conditions”) are issued pursuant to § 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter the “Civil Code”).

• Company name: Q - Burger bar s.r.o.

• Company ID No.: 03520668, VAT ID No.: CZ03520668

• Registered office: Horní náměstí 847/11, 466 01 Jablonec nad Nisou

• Registered with the Regional Court in Ústí nad Labem, Section C, Insert 34801

• Contact person: Aleš Kuncl

• Email: kuncl@qburgerbar.cz

• Phone: +420 777 447 127

• Website: https://www.qburgerbar.cz

(hereinafter the “Seller”)

2. These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who concludes a purchase contract outside their business activity as a consumer, or within their business activity (hereinafter the “Buyer”), through the online interface available at www.qburgerbar.cz (hereinafter the “Online Store”).

3. The provisions of the Terms and Conditions form an integral part of the purchase contract. Any differing provisions in the purchase contract take precedence over these Terms and Conditions.

4. These Terms and Conditions and the purchase contract are concluded in the Czech language.

II. Information About Goods and Prices

1. Information about goods, including the prices of individual items and their main characteristics, is provided with each item in the Online Store catalogue. Prices are stated inclusive of value added tax and all related charges. Prices remain valid for as long as they are displayed in the Online Store. This does not exclude the possibility of concluding a purchase contract under individually agreed terms.

2. All product presentations in the Online Store catalogue are for informational purposes only and the Seller is not obliged to conclude a purchase contract for these goods.

3. The Online Store contains information on the costs associated with packaging and delivery of goods, applicable only when delivery is within the territory of the Czech Republic.

4. Any discounts on the purchase price cannot be combined unless agreed otherwise between the Seller and the Buyer.

III. Order and Conclusion of the Purchase Contract

1. Costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the purchase contract (internet connection costs, phone call costs) are borne by the Buyer. These costs do not differ from the standard rate.

2. The Buyer places an order as follows:

• by filling in the order form.

3. When placing an order, the Buyer selects the goods, quantity, method of payment and delivery.

4. Before submitting the order, the Buyer may check and modify the information they have entered. The Buyer submits the order to the Seller by clicking the button “confirm order”. The Seller considers the data stated in the order to be correct. A valid order requires completion of all mandatory fields in the order form and confirmation by the Buyer that they have read these Terms and Conditions.

5. Immediately after receiving the order, the Seller sends the Buyer an order receipt confirmation to the email address provided. This confirmation constitutes conclusion of the contract. The purchase contract is concluded by the Seller’s confirmation of the order.

6. If the Seller cannot meet any requirement stated in the order, they will send a modified offer to the Buyer’s email address. This modified offer is considered a new proposal for a purchase contract, which is concluded once the Buyer confirms acceptance to the Seller’s email address stated in these Terms and Conditions.

7. All orders accepted by the Seller are binding. The Buyer may cancel the order until they receive notice of order acceptance. The Buyer may cancel the order by phone or email using the contact details provided in these Terms and Conditions.

8. If an obvious technical error occurs on the Seller’s part regarding the price of goods in the Online Store or during ordering, the Seller is not obliged to deliver the goods at the incorrect price, even if an automatic confirmation was sent. The Seller will inform the Buyer without undue delay and send a modified offer. This modified offer is considered a new proposal for a purchase contract and is concluded when the Buyer confirms acceptance to the Seller’s email.

IV. Payment Terms and Delivery of Goods

1. The Buyer may pay the purchase price and delivery costs using the following methods:

• Payment to the courier in cash or by card, or by bank transfer when placing the order.

2. Together with the purchase price, the Buyer must pay the agreed packaging and delivery costs. Unless expressly stated otherwise, the purchase price includes delivery costs.

3. In the case of cashless payment, the purchase price is due immediately upon conclusion of the purchase contract.

4. When paying via payment gateway, the Buyer follows the instructions of the electronic payment provider – Comgate.

5. The Seller does not require advance payment or any similar payment. Payment before dispatch is not considered an advance.

6. Goods are delivered to the Buyer:

• to the address specified by the Buyer in the order.

7. The delivery method is chosen during the ordering process.

8. Delivery costs depending on the method of dispatch and receipt are stated in the Buyer’s order and the Seller’s order confirmation. If the delivery method is agreed based on a special request by the Buyer, the Buyer bears the risk and any additional costs related to this method.

9. If the Seller is obliged to deliver goods to a place designated by the Buyer, the Buyer must take delivery. If repeated delivery or a different delivery method is necessary due to the Buyer, the Buyer must cover the extra costs.

10. When receiving goods from the carrier, the Buyer must check the intactness of the packaging and immediately report any defects to the carrier. If there is evidence of tampering with the packaging, the Buyer is not obliged to accept the shipment.

11. The Buyer acquires ownership of the goods upon full payment of the purchase price including delivery costs, but not before receiving the goods. The risk of damage or loss passes to the Buyer upon receipt, or at the time the Buyer should have taken receipt but failed to do so.

V. Withdrawal from the Contract

1. The Buyer acknowledges that under § 1837 of the Civil Code, withdrawal from the purchase contract is not possible for goods:

• that are perishable,

• that have been made according to the Buyer’s wishes or for their personal use,

• that have been unsealed by the Buyer and cannot be returned for hygiene reasons.

2. In other cases, the Buyer may withdraw from the purchase contract within 14 (fourteen) days from receiving the goods, provided the goods are unopened, undamaged, and stored in a cool, dry place.

3. A Buyer who withdraws must return the goods within 14 days of withdrawal. The Buyer bears the cost of returning the goods, even if the goods cannot be returned by standard postal means due to their nature.

4. If the Buyer withdraws, the Seller will refund all payments received, including delivery costs, without undue delay and no later than 14 days from withdrawal or proof of return, using the same payment method. A different method may be used only with the Buyer’s consent and without additional cost.

5. If the Buyer chose a delivery method more expensive than the cheapest option offered by the Seller, only the cost of the cheapest option will be refunded.

6. The Buyer must return the goods undamaged and in their original packaging. The Seller may deduct compensation for damage from the refund.

7. The Seller may withdraw from the contract due to stock depletion or unavailability of goods. The Seller will notify the Buyer and refund all payments received, including delivery costs, within 14 days, using the same payment method or a method specified by the Buyer.

VI. Communication

1. The parties may communicate all written correspondence by email.

2. The Buyer sends correspondence to the Seller’s email address stated in these Terms and Conditions. The Seller sends correspondence to the Buyer’s email address stated in the order.

VII. Personal Data

1. All information you provide during our cooperation is confidential and will be treated as such. Unless you give written consent, your data will be used only for contract fulfilment, except for your email address, which may be used for commercial communications as permitted by law unless you decline. These communications may relate only to similar or related goods and may be unsubscribed at any time by a simple action (letter, email, or link). Your email address will be stored for this purpose for 3 years from the conclusion of the last contract.

VIII. Out-of-Court Dispute Resolution

1. The Czech Trade Inspection Authority, Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, https://adr.coi.cz/cs, is the competent authority for out-of-court settlement of consumer disputes. The online dispute resolution platform at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the Seller and the Buyer.

2. The European Consumer Centre Czech Republic, Štěpánská 567/15, 120 00 Prague 2, http://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No. 524/2013 on online dispute resolution.

3. The Seller is authorised to sell goods under a trade licence. Trade supervision is carried out by the relevant trade authority. The Czech Trade Inspection Authority supervises compliance with consumer protection legislation.

IX. Final Provisions

1. All arrangements between the Seller and the Buyer are governed by Czech law. If the contractual relationship contains an international element, Czech law applies. Consumer rights arising from mandatory legislation remain unaffected.

2. The Seller is not bound by any codes of conduct within the meaning of § 1826(1)(e) of the Civil Code.

3. All rights to the Seller’s website, including copyright to content, layout, photos, videos, graphics, trademarks, logos, and other elements, belong to the Seller. Copying or using any part of the website without consent is prohibited.

4. The Seller is not liable for errors caused by third-party interference with the Online Store or by misuse of the Online Store. The Buyer must not use methods that may negatively affect its operation or engage in any activity enabling unauthorised use of its software or components.

5. The Buyer assumes the risk of a change in circumstances pursuant to § 1765(2) of the Civil Code.

6. The purchase contract, including the Terms and Conditions, is archived electronically by the Seller and is not accessible.

7. The Seller may amend or supplement the Terms and Conditions. This does not affect rights and obligations arising during the validity of previous versions.

These Terms and Conditions take effect on 16 October 2024.