Of ST GASTRO s.r.o., with registered office at Dlouhá 105/21, 500 03 Hradec Králové, ID No. 044 98 186, registered in the Companies Register kept by the Regional Court in Hradec Králové, Section C, entry 35989, operator of the website https://www.pizzzza.cz
I. INTRODUCTORY PROVISIONS, DEFINITIONS OF TERMS
These general terms and conditions (hereinafter also referred to as the Terms and Conditions) regulate the mutual rights and obligations of the parties arising in connection with or on the basis of a contract, the subject of which is the sale of a product offered for purchase on the website https://www.pizzzza.cz (hereinafter also referred to as the Goods), made by ST GASTRO s.r.o, with its registered office at Dlouhá 105/21, 500 03 Hradec Králové, ID No. 044 98 186, registered in the Companies Register kept by the Regional Court in Hradec Králové, Section C, entry 35989 (hereinafter also referred to as the Company) as a seller on the one hand and a natural or legal person as a buyer on the other hand.
For the purposes of these Terms and Conditions, the following capitalized terms shall have the following meanings:
The Buyer means a natural or legal person who has ordered the Goods (any product offered for purchase by the Company on the website https://www.pizzzza.cz) via the order form on the website https://www.pizzzza.cz or via the telephone line +420 608 438 438 (Hradec Králové) and +420 770 610 610 (Pardubice).
The Civil Code means Act No. 89/2012 Sb., the Civil Code, as amended.
The Establishment means the point of the Goods dispensing at Pizzzza, Akademika Heyrovského 1178/6, 500 03 Hradec Králové, and Pizzzza, kpt. Bartoše 454, 503 09 Pardubice.
The Contract means a purchase contract made by the Company as the seller on the one hand and the Buyer on the other hand, the subject of which is the sale of the Goods.
The Customer means the natural or legal person who intends to order the Goods.
By submitting an order for the Goods via the order form on the website https://www.pizzzza.cz or by ordering the Goods via the telephone line +420 608 438 438 (Hradec Králové) and +420 770 610 610 (Pardubice ), the Buyer agrees to the Terms and Conditions.
These Terms and Conditions are effective from 1 June 2022.
II. GOODS OFFERED
The website https://www.pizzzza.cz contains a complete list of the Goods normally supplied by the Company. The Company does not guarantee the immediate availability of all items of the Goods. If any Goods are not currently available, the Buyer will be notified immediately.
Photos of the Goods are for illustration only.
The description of the Goods is given next to the specific Goods. Weight or size means the product in its raw state.
The price of the Goods (VAT included) is always stated for each Good.
The Company produces products of the highest quality using the freshest and always high-quality ingredients under the PIZZZA brand. The Company's production standards and procedures are set so that the final product has always 100% quality.
Recipes for individual pizzas and other products offered for purchase are specified in advance. In order to change the ingredients normally used for the production of a particular pizza, the Buyer may, in the case of an order via the order form on the website https://www.pizzzza.cz, modify the pizza by either removing or adding an ingredient.
The products produced by the Company and/or the food supplied by the Company such as pizza, burger, crazzzzy chicken, fries, etc. are intended for immediate consumption, not for storage. For packaged goods in their original packaging (especially beverages), the minimum shelf life is indicated on the packaging of such Goods.
The list of allergens in accordance with Annex II of Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers is available on the website https://www.pizzzza.cz and in the Establishment. Allergens contained in the products manufactured by the Company are listed on the website https://www.pizzzza.cz in the details of the products manufactured, section Allergens. The Company advises Customers that there are no separate work areas in the Establishment for processing different types of food, therefore all products manufactured by the Company contain or may contain all allergens.
Alcoholic beverages and tobacco products may only be sold to persons over 18 years of age. Sales to younger persons are prohibited. If it cannot be reliably verified that the Buyer is over 18 years of age, the delivery of the ordered alcoholic beverages and/or tobacco products will not take place and the Company is entitled to withdraw from the Contract. The Company shall also be entitled to withdraw from the Contract in respect of the ordered alcoholic beverages and/or tobacco products only, in which case the Company shall be obliged to hand over the other ordered Goods to the Buyer and the Buyer shall be obliged to pay the purchase price of such Goods.
III. MAKING OF THE CONTRACTY
The Contract can be made by telephone – the telephone number for ordering the Goods is +420 608 438 438 (Hradec Králové) and +420 770 610 610 (Pardubice ), or the Contract can be made by electronic means remotely via the order form on the website https://www.pizzzza.cz.
Acceptance of the Buyer's order by the Company (the Contract making) means (i) in the case of a telephone order by the Buyer, the Company's approval of the order by telephone; (ii) in the case of an order via the order form on the website https://www.pizzzza.cz, the moment the Buyer's order is sent via the order form, unless the Company subsequently informs the Buyer otherwise by telephone.
The Company reserves the right not to make a Contract with the Buyer who has in the past refused to pay the purchase price or has not taken delivery of the Goods ordered by the Buyer. The Company also reserves the right not to make a Contract with the Buyer if the delivery point of the Goods is in an area which, in the Company's assessment, is at risk for delivery of the Goods in the relevant period (e.g., poor road conditions in winter).
A reply with an amendment or deviation within the meaning of Section 1740(3) of the Civil Code is not an acceptance of the offer to make the Contract, even if it does not change substantially the terms of the offer. The parties to the Contract must mutually agree on the changes to the offer.
For the avoidance of doubt, it is stated that no obligation between the parties is an obligation under Section 1980 of the Civil Code (fixed obligation). Section 1980 of the Civil Code is, therefore, not applicable.
If any provision of these Terms and Conditions proves to be apparent (null and void), the effect of this defect on the other provisions of the Terms and Conditions shall be assessed in accordance with Section 576 of the Civil Code.
Upon acceptance of the Buyer's order by the Company, the Buyer may cancel the order with the Company's consent only.
If the Buyer provides incorrect contact details when ordering the Goods (either by telephone or via the order form on the website https://www.pizzzza.cz), the Company reserves the right not to accept the Buyer's order or to cancel the order and not to deliver the ordered Goods to the Buyer.
IV. PAYMENT TERMS
Possible methods of the Goods payment:
Online payment via ComGate (prepayment)
Payment by credit card
Payment by bank transfer
Payment of the price of the Goods on delivery
i. In cash, while the Company also allows payment by meal vouchers. The Company accepts the following meal vouchers: Ticket Restaurant, Sodexo, Cheque Déjauners, Naše Stravenka. The Company gives change to the meal vouchers.
In case the Customer chooses cash payment on delivery of the Goods, he/she must notify of payment by a banknote higher than 2000,-CZK when ordering the Goods. If the Customer orders the Goods via the order form on the website https://www.pizzzza.cz, he/she shall indicate this fact in the "Delivery Notes" before submitting the order.
ii. Payment by debit/credit card: payment by debit/credit card must be notified at the time of ordering (in the case of ordering the Goods via the order form on the website https://www.pizzzza.cz, the Buyer shall indicate the request for this type of payment in the "Delivery Notes" before sending the order); if the Buyer fails to do so, payment by credit/debit card may not be accepted by the Company when handing over the Goods.
The cost of the payment method is included in the price of the Goods.
No advance is paid; the payment of the price of the Goods will be made according to the chosen payment method.
All payments are made in Czech crowns (CZK), unless expressly agreed otherwise.
V. DELIVERY OF ORDERED GOODS, PERSONAL COLLECTION
Ordered Goods can be picked up at the Establishments – Pizzzza, Akademika Heyrovského 1178/6, 500 03 Hradec Králové, and Pizzzza, kpt. Bartoše 454, 530 09 Pardubice, or, under the conditions set out below, delivery services via a courier service (delivery provided by the Company) can be used.
The Company delivers the ordered Goods only if the minimum order price is met (see Article 5.3 of the Terms and Conditions) and only in the zones listed on the website https://www.pizzzza.cz in the "Zones" section, unless otherwise specified by the Company in a particular case.
In the event that the Customer wishes to use delivery of the Goods by a courier service, the minimum price of the order to be delivered must reach the amount specified for the zone in which the place of delivery of the Goods is located, unless otherwise specified by the Company in a particular case. The minimum order price includes all Goods ordered, excluding beverages.
The opening hours of the Establishments, during which the Goods may be ordered and, by mutual agreement, collected, as well as the hours during which the Goods are delivered, are Monday – Sunday 10.00 - 24.00.
The price for delivery of the Goods at personal collection in the Establishment is CZK 0.00.
The price for delivery of the Goods by a courier service (delivery by the Company) in the zones listed on the website https://www.pizzzza.cz is CZK 0.00. The use of the Company's courier service is only possible under the terms of Article 5.3 of the Terms and Conditions.
The Buyer will be notified of the estimated time of delivery of the ordered Goods at his/her request in the case of a telephone order of Goods. In the case of ordering Goods via the order form on the website https://www.pizzzza.cz, the expected delivery time of the Goods is approximately 60-90 minutes. The Company endeavours to process orders as soon as possible but the delivery time of the Goods depends on the quantity and content of current orders, the location of the requested delivery of the Goods and the time of ordering the Goods. In view of the above, the Company reserves the right to deliver the Goods earlier or later than as set out in this clause of the Terms and Conditions or as notified to the Buyer in the case of a telephone order for the Goods.
If the Buyer refuses to accept the Goods duly delivered by the Company, the Buyer shall be fully liable to the Company for any damage incurred by the Company in connection with such act of the Buyer.
The Buyer shall, if requested to do so, acknowledge receipt of the Goods to the Company. The Company shall not be obliged to hand over the Goods to the Buyer until confirmation of acceptance of the Goods. If the Buyer refuses to acknowledge delivery of the Goods to the Company, the provisions of Article 5.8 of the Conditions shall apply mutatis mutandis.
The Buyer has the right to receive a receipt for the Goods upon receipt of the Goods.
VI. EVENTS, DISCOUNTS, SPECIAL OFFERS
The Buyer is obliged to report in advance, when ordering the Goods, all promotions, special offers and discounts available to the Buyer. In the case of ordering Goods via the order form on the website https://www.pizzzza.cz, the Buyer shall indicate these in the "Delivery Notes" before sending the order. Discounts and other benefits cannot be applied after the order has been placed. Each promotion, special offer or discount has specific conditions of use that form part of the Company's offer and cannot be combined and/or added together.
The Company reserves the right to withdraw, terminate or cancel any promotion, special offer or discount at any time, without the possibility of any financial or other compensation.
VII. WARRANTY AND COMPLAINTS (information on rights arising from defective performance as well as rights under warranty, and other conditions for exercising these rights)
The Buyer is obliged to notify the Company of the occurrence of a defect in the Goods as soon as the Buyer becomes aware of the defect or could have become aware of it. The Buyer shall not have any rights under the defective performance if the defect is one which the Buyer, with the exercise of ordinary care, should have become aware of upon delivery of the Goods. The Company recommends that Buyer, immediately upon receipt of the Goods, checks that the Goods delivered by the Company conform to his/her order.
Complaints (report of a defect in the Goods) can be made either by phone at the Hradec Králové branch (+420 608 438 438), by e-mail at [email protected], or in person at the Establishment (the Pardubice branch, +420 770 610 610), by e-mail at [email protected], or in person at the branch. The Buyer is obliged to present a proof of purchase of the Goods (receipt) when settling a complaint. For easier and faster handling of the complaint, the Company recommends the Buyer to submit/send a photo of the claimed Goods (defects of the Goods).
As a rule, the Company deals with complaints promptly. The Company usually informs the Buyer of the progress of the complaint by telephone.
The Company shall be liable for any defects that the Goods have on receipt by the Buyer, even if they become apparent later. However, a natural change in the characteristics of the Goods over time cannot be considered a defect. It is always necessary to use the purchased Goods for their intended purpose (see, e.g., clause 2.7 of the Terms and Conditions).
In the event that a defect in the Goods supplied by the Company constitutes a material breach of the Contract, the Buyer shall have the right to demand (i) remedy of the defect by delivery of new faultless Goods or delivery of missing Goods, (ii) remedy of the defect by repair of the Goods, (iii) a reasonable discount on the purchase price, or (iv) the Buyer may withdraw from the Contract. When notifying the Company of the defect, or without undue delay after notification of the defect, the Buyer shall notify the Company of the right he/she has chosen. If the Buyer fails to notify the Company of his/her selected right under a defect in the Goods sold no later than unreasonably promptly after notifying the Company of the defect, the Buyer shall have rights as if there had been an immaterial breach of the Contract. The Buyer is not entitled to change the choice of the Company's liability for defects without the Company's consent, which does not apply if the Buyer has requested repair of the Goods which cannot be carried out (irreparable defect).
If the Company does not remove the defects pointed out by the Buyer within a reasonable period of time, or if the Company notifies the Buyer that it will not remove the defects, the Buyer may demand a reasonable discount on the purchase price instead of removing the defects, or he/she may withdraw from the Contract.
Such breach of a contractual obligation of which the Company already knew at the time of making the Contract, or of which the Company must have known that the Customer would not have made the Contract if he/she had foreseen such breach shall be deemed to be a material breach of the Contract by the Company.
If the defect in the Goods supplied by the Company constitutes a minor breach of the Contract, the Buyer shall have the right to demand (i) the removal of the defect, or (ii) a reasonable discount on the purchase price. If the Company fails to remedy the defect in a timely manner (i.e. within a reasonable time having regard to the nature of the defect complained of) or refuses to remedy the defect, the Buyer may demand a discount on the purchase price or may withdraw from the Contract. The Buyer is not entitled to change the choice of the Company's liability for defects without the Company's consent.
The Buyer may not withdraw from the Contract or request delivery of new Goods if the Goods cannot be returned in the condition in which they were received. This does not apply if (i) the condition has changed as a result of an inspection for the purpose of discovering a defect in the Goods, (ii) the Buyer used the Goods before the defect was discovered, (iii) the Buyer did not cause the impossibility of returning the Goods in an unaltered condition by act or omission, (iv) the Buyer sold the Goods before the defect was discovered, the Buyer consumed the Goods or altered the Goods in normal use. If this has happened only in part, the Buyer shall in such case return to the Company what he/she can still return and shall compensate the Company to the extent that he/she has benefited from the use of the Goods.
In the event of a legitimate complaint for Goods, the Company shall bear the costs of transport related to the claimed Goods.
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