These Terms and Conditions regulate, in accordance with § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), mutual rights and obligations between the company:
Crocodille CR, spol. s. r. o.,
ID reg. No.: 43001343,
with registered office at Poděbradská 55/88, 198 00 Prague 9,
company registered in the Commercial register maintained by the Municipal Court in Prague, section C, insert 166961
(hereinafter referred to as the "Seller")
(hereinafter referred to as the "Buyer")
arising in connection with or on the basis of a purchase contract between the Seller and the Buyer, the subject of which is the Seller's goods (hereinafter referred to as the "Goods") (hereinafter referred to as the "Contract"), and which is concluded through the online store located on the website www.bbbox.cz (hereinafter referred to as the "web portal") in connection with the Goods offered here.
I. Introductory Provisions
1.1 These Terms and Conditions are an integral part of the Contract. The Contract and the Terms and Conditions are drawn up in the Czech language. The Contract shall be concluded in the Czech language. Wherever rights and obligations from the Contract are mentioned, the rights and obligations from the Contract are meant, including these Terms and Conditions.
1.2 The display of goods within the web portal is not the offer within the meaning of the provison of the Section 1732 paragraph 2 of the Civil Code.
1.3 The Buyer agrees to the use of remote means of communication when concluding the Contract. All costs incurred by the Buyer when using remote means of communication (costs of Internet connection, costs of telephone calls, etc.) in connection with the conclusion of the Contract shall be borne by the Buyer himself.
2.1 The web portal contains information about the Goods and their characteristics, their prices and the costs associated with the delivery of the Goods when delivered within the defined territory of the Czech Republic. The goods are delivered only in the defined territory of the Czech Republic, which the Buyer can find on the web portal in the "delivery-map" section, where a map of deliveries with different delivery zones is shown, within which the price for delivery and the delivery time of the Goods are determined. Prices are inclusive of value added tax. Prices shall remain valid for as long as they are displayed on the web portal.
2.2 The Goods can be ordered:
(a) via the web portal (hereinafter referred to as the "Order via the web portal");
(b) by telephone at the number 800 224 389 (hereinafter referred to as the "Telephone Order");
(c) by e-mail at the address firstname.lastname@example.org (hereinafter referred to as the "Email Order");
(collectively referred to as the "Order" or "Orders").
2.3 Orders can be placed during the operating hours according to the following sentence, but no later than 120 minutes before the selected delivery time and the end of the Operating Hours. The Operating hours are from 8:00 a.m. to 9:00 p.m. on weekdays and from 9:00 a.m. to 9:00 p.m. on weekends. If delivery is carried out, distribution is possible between 8:00 a.m. and 9:00 p.m. on weekdays and between 9:00 a.m. and 9:00 p.m. on the weekend (hereinafter referred to as the "Operating Hours").
2.4 The Buyer declares that the data specified in the Order or otherwise provided to the Seller are true and correct. The Seller is not responsible for any damage caused by the communication of incorrect or false data by the Buyer. The Buyer is liable to the Seller for damage caused to him by providing incorrect or untrue Personal Data.
Order through the web portal
2.5 The Buyer shall perform the order of the Goods through the web portal after the registration or subsequently after logging into the web portal and filling in the necessary data. During registration, the Buyer is prompted to create an access password to his customer account on the web portal. The Buyer is obliged to keep this password secret and not to share it with other persons. The Buyer bears full responsibility for all actions that are made from his account.
2.6 The Buyer creates an Order by marking individual items of Goods and filling in the required data and sends (makes) the Order to the Seller by clicking on the "Confirm" button. The Buyer has the option to check and possibly change the data specified in the Order, including the data on the ordered Goods, before the time of its dispatch. The Seller shall confirm receipt of the Order to the Buyer by e-mail, to the Buyer's e-mail address specified in the Order (hereinafter referred to as the "Buyer's E-mail Address").
2.7 The Buyer is obliged to inform the Seller without undue delay if he has any suspicions that his password has been misused or made available to a third party. In the event of a justified concern that the Buyer's customer account is or may be misused, the Seller is entitled to block the Buyer's account or to ask him to change his password. The Seller is not liable to the Buyer for damages incurred as a result of the disclosure or misuse of his access password.
2.8 Based on the Buyer's telephone order placed on the above-mentioned telephone number, the Seller enters the Order into the web portal and confirms the receipt of the Order to the Buyer by electronic mail to the Buyer's e-mail address. The Buyer agrees that telephone calls within the Telephone Order may be recorded in order to improve the quality of the services provided and to the protection of the rights of the participants of the customer relationship only.
2.9 On the basis of the completed E-mail Order of the Buyer by sending it to the above-mentioned e-mail address, the Seller will enter the Order into the web portal and confirm the acceptance of the Order to the Buyer by e-mail, to the e-mail address of the Buyer. The Buyer's E-mail Order must contain at least the first and last name or corporate name and identification number of the Buyer, the quantity and type of delivered Goods, the address and time of delivery, the Buyer's phone number - unless the E-mail Order contains any of the data specified in this paragraph 2.9 of the Terms and Conditions, the Seller is not obliged to enter the Order into the web portal and accept the Buyer's Order.
III. Conclusion of the Contract
3.1 The Contract is concluded at the moment of delivery of the acceptance of the Order, which is sent by the Seller to the Buyer by electronic mail, to the Buyer's e-mail address, this also applies in the case of Telephone Orders and E-mail Orders.
3.2 The Buyer acknowledges that the Seller is not obliged to enter into a Contract, i.e. to accept an Order, especially, but not exclusively, with persons who have previously materially violated the Contract and/or these Terms and Conditions, or in the case of full production or delivery capacities.
3.3 The provision of Section 1740 paragraph 3 of the Civil Code shall not apply to the relationship established by the Contract.
IV. Payment Terms
4.1 When placing an Order, the Buyer may choose from the following payment methods of the purchase price of the Goods and other costs:
(a) cashless through the secure payment gateway of the Komerční banka;
(b) by cash payment when taking over the Goods from the delivery company (only up to CZK 3,000) or at the Seller's establishment;
(c) by non-cash payment at the Seller's establishment via a payment card accepted by the Seller; or
(d) cashless by a bank transfer in the event that the Buyer has concluded a framework agreement with the Seller.
Together with the payment of the purchase price of the Goods, the Buyer is also obliged to pay the delivery costs of the Goods in accordance with the Contract.
4.2 The Seller is entitled to demand payment of the entire purchase price and other costs before sending the Goods to the Buyer. The provision of Section 2119, paragraph 1 of the Civil Code shall not apply.
4.3 In the event that the Goods are ordered by the Buyer, who in the past has not taken over the delivered Goods without reason, the Seller reserves the right to have the purchase price to be paid in advance by the Buyer, including the delivery cost of the ordered Goods.
4.4 After the payment of the purchase price and other costs, the Seller will issue a tax receipt to the Buyer for the payments made, which the Buyer will be able to download in pdf format through his customer account in the "User Zone" section, while he will also receive a link to the relevant invoice to his e-mail address. In the case of the payment within the personal collection or payment to the delivery person, the Seller will hand over the tax receipt to the Buyer upon collection of the Goods.
V. Delivery of goods
5.1 The Seller undertakes to deliver the ordered Goods within the Operating Hours to the address specified in the Order, or to the address of the Seller's establishment in the case of personal collection, and within the period specified in the Order, which cannot occur earlier than 180 minutes after the Order is placed. In the event that situations arise that directly affect delivery delays (traffic complications, accidents, worsening weather conditions, breach of obligations and/or delays on the part of the Seller's subcontractor etc.), the delivery of the Goods may be delayed. In this case, the Buyer will be informed by phone about the delivery time. The Seller is not responsible for delays or non-delivery due to no fault of the Seller, and therefore this is not a reason for a justified complaint.
5.2 If, according to the Contract, the Seller is obliged to deliver the Goods to the place specified by the Buyer, the Buyer shall take over the Goods upon supply. In case of non-acceptance of the Goods or return of the Goods by the Buyer without a relevant reason, the Seller is entitled to be paid the purchase price of the Goods and the delivery costs of the Goods.
5.3 The Seller shall deliver the Goods to the Buyer at the first door of the address specified in the Order. The first door means the entrance door to an apartment building, an office building at the reception, a family home, etc. The Seller is not obliged to deliver the Goods to the Buyer at the door of his apartment, unless the Buyer has personally requested the same for serious reasons (e.g. immobility) and his request for this delivery was confirmed by the Seller.
VI. Order change
6.1 The order is binding for the Buyer from the moment of its placement to the Seller via the web portal and/or by making a Telephone Order or E-mail Order. After placement the Order, the Buyer can change the delivery time, delivery address or quantity and type of Goods delivered (but not in such a way as to cancel the Order, i.e. to change the quantity of the Goods ordered to none), and always no later than 180 minutes before the requested delivery.
6.2 The Seller reserves the right to cancel the confirmed Order or part of it in the event of serious circumstances preventing the production or delivery of the ordered Goods to the Buyer (e.g. used up delivery service capacity or other circumstances). In the event that this situation occurs, the Seller will contact the Buyer on the telephone number provided by him in order to agree on a change of the Order delivery date. In the event that the Buyer does not agree with the postponement of the delivery of the Order and if he has already paid part or all the purchase price, the relevant amount will be transferred back to his account within thirty (30) calendar days from the Order cancellation by the Seller or its part. The Buyer is obliged to indicate the Order number and the date of the Goods Order when changing the Order.
VII. Withdrawal from the contract and goods complaints
7.1 In accordance with the Civil Code, the Buyer does not have the right to withdraw from the Contract without giving a reason, and the Seller does not provide a warranty period for the Goods.
7.2 When selling the Goods to the Buyer, the Seller is responsible that the Goods have the required quality, quantity, measure and weight. The Goods must be without defects and must comply with generally valid standards.
7.3 The Buyer is obliged to check the delivered Goods immediately and immediately notify the Seller of any deficiencies found, on the confirmation of the delivered Goods, or orally in case of personal collection of the Goods by the Buyer. The Buyer is entitled to complain about the Goods if the Goods do not have stipulated characteristics (e.g. the absence of specific raw materials) or the characteristics usual for the given type of Goods. If the Goods upon handover to the Buyer have defects, as a result of which it will not be possible to use them for their purpose (for obvious reasons, e.g. if the Goods are clearly unfit for consumption), he will immediately return the Goods to the appropriate person who handed them over to him on behalf of the Seller. In the complaint the Buyer is obliged to state the exact reason of the Goods complaint. The Buyer agrees that due to the nature of the Goods, later complaints cannot be taken into account, in the event that the Buyer did not complain about obvious defects of the Goods immediately upon delivery. In the event of a complaint, the Buyer is obliged to return the Goods before he consumes them, or at least part of the Goods, if he discovered the defect during consumption. Otherwise, the legitimacy of the complaint cannot be assessed and the complaint cannot be accepted for objective reasons.
7.4 In the event that the Goods are not in accordance with the Contract upon collection by the Buyer, this is defective performance in the sense of the provisions of Section 2099 et seq. of the Civil Code and the Buyer is entitled to proceed in accordance with provisions of Section 2106 and 2107 of the Civil Code.
7.5 In the case of a complaint, the Buyer is obliged to prove the reasons for the complaint.
7.6 The Seller shall issue to the Buyer, at his request, a written confirmation of obligations from defective performance to the extent in accordance with the Civil Code.
7.7 The Buyer is entitled to make a complaint by e-mail at email@example.com and/or personally at the Seller's establishment at Poděbradská 55/88, 198 00 Prague 9. The complaint will be decided without undue delay, in more complex cases within three (3) working days. This period does not include the time appropriate for the type of product or service required a professional assessment of the defect. The condition for this period to run is the fact that the Buyer has provided the necessary cooperation to settle the complaint, i.e. in particular allowed the Seller to review the claimed Goods.
7.8 The Seller shall issue a written confirmation to the Buyer stating the date when the Buyer exercised the right to complain about the Goods, what is the content of the complaint and what method of arrangement of the complaint the Buyer requires, as well as confirmation of the date and method of arrangement of the complaint, or a written justification for the rejection of the complaint.
8.1 The Seller is not responsible for any damage or any other consequences incurred by the Buyer based on or in connection with the actions of the Buyer or circumstances on the part of the Buyer.
8.2 The Buyer agrees that the Seller is not responsible for the smooth, uninterrupted and error-free and secure operation of the web portal. The Seller is not responsible for errors arising as a result of interventions by third parties in the web portal or as a result of its use contrary to its purpose.
8.3 The availability of the Goods is tied to the Seller's stock and production capacity, and the Seller does not guarantee the availability of the Goods. In the event that it is not possible to confirm the Order for any reason on the part of the Seller, the Buyer will be informed about this via the Buyer's e-mail address.
IX. Protection of intellectual property rights, misuse of the service, availability of the service, other rights and obligations of the Seller and the Buyer
9.1 The Buyer acknowledges that the software and other components forming the web portal (including photos of promoted services and/or Goods) are protected by copyright. The Buyer undertakes to use the web portal exclusively for his needs and that he will not perform any activity that could allow him or third parties to interfere or use (e.g. to keep, modify, distribute) the software or other components forming the web portal.
9.2 Access and use of the web portal by the Buyer in accordance with the Terms and Conditions is free of charge.
9.3 When using the web portal, the Buyer is not entitled to use mechanisms, software or other procedures that could have a negative effect on the operation of the web portal. The web portal can only be used to the extent that it does not infringe the rights of other users of the web portal, and which is in accordance with its purpose.
9.4 The Buyer uses the web portal at his own risk and agrees that the photographs on the web portal are only illustrative.
9.5 The Seller is not responsible for any damages incurred in connection with the use of services, use of information or downloading of data published on the web portal, i.e. for errors, omissions, interruptions, malfunctions, delays, computer viruses, loss of profit or loss of data of the Buyer or other third party using the web portal, unauthorized access to transmissions and data of these persons, changes to such data, as well as other tangible and intangible losses.
9.6 All information published on the web portal is provided to the best of the Seller's knowledge and conscience, and the Seller is not responsible for its completeness or technical accuracy. The Seller also disclaims all guarantees that the material presented on the web portal is harmless.
9.7 The Seller reserves the right to limit or terminate the access of the Buyer or other third parties to the web portal at any time.
X. Protection of personal data and commercial communications
10.1 The protection of personal data of the Buyer, who is a natural person, is provided by the Act No. 110/2019 Coll., on the processing of personal data, as amended. The Buyer agrees with the processing of his personal data: title, first and last name, residential address, identification number, registered office, tax identification number, e-mail address, telephone number (hereafter collectively referred to as the "Personal Data").
10.2 The Buyer agrees with the processing of Personal Data by the Seller, for the purposes of execution of the rights and obligations from the Contract and for the purposes of sending information and business communications to the Buyer.
10.3 The Seller may entrust the processing of the Buyer's Personal Data to a third party as a processor. As part of the fulfillment of legal obligations, the Seller transfers the Buyer's Personal Data to the administrative authorities and authorities established by the relevant legal regulations. Apart from transport companies, direct suppliers, persons in the Crocodille group and franchisees of the Bageterie Boulevard concept, to whom the Seller may transfer the Buyer's Personal Data to the extent necessary for the purposes of the Contract, the Seller will not transfer the Personal Data to third parties without the prior consent of the Buyer.
10.4 Personal data will be processed for the period necessary for the purpose of their processing, but for a maximum period of ten (10) years, unless the Buyer revokes his consent with the processing of Personal data earlier. This does not affect the Seller's and the processor's obligation to process the Buyer's Personal Data for the period set by the relevant legal regulations or in accordance with them. Personal Data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
10.5 The Buyer confirms that the Personal Data provided is accurate and that he has been informed that this is a voluntary provision of Personal Data. The Buyer declares that he has been informed that he can revoke his consent with the processing of Personal Data in relation to the Seller by written notice delivered to the Seller's address.
10.6 In the event that the Buyer believes that the Seller or processor is processing his Personal Data in violation of the protection of the Buyer's private and personal life or in violation of legal regulations, he may ask the Seller for an explanation and demand that he remove the objectionable condition. If the Buyer's request according to this paragraph 10.6 of the Terms and Conditions is found to be justified, the Seller or the processor will immediately remove the objectionable condition. If the Seller or processor does not comply with the request, the Buyer may contact the Office for Personal Data Protection; the Buyer's right to directly contact the Office for Personal Data Protection is not affected by this.
10.7 The Buyer has the right to request the Seller or processor to provide information on the processing of Personal Data, which will be forwarded to him without undue delay. The content of the information will always be a statement about (i) the purpose of Personal Data processing, (ii) Personal Data, or categories of Personal Data that are subject of processing, including all available information about their source, (iii) the nature of automated processing in connection with its use for decision-making, if actions or decisions are made on the basis of this processing, the content of which is interference with the rights and legitimate interests of the Buyer, and (iv) recipients, or categories of recipients. The Seller has the right to demand a reasonable payment for the provision of the information not exceeding the costs necessary to provide the information in accordance with this paragraph 10.7 of the Terms and Conditions.
10.8 The Buyer agrees with sending information related to the Seller's Goods or services and/or the Bageterie Boulevard concept to the Buyer's e-mail address and further agrees with the sending of business communications to the Buyer's e-mail address by the Seller.
XI. Final Provisions
11.1 These Terms and Conditions supersede all other oral and written statements and agreements between the Seller and the Buyer regarding the Contract, with the exception of the Contract itself, the terms of which take precedence over these Terms and Conditions.
11.2 The wording of the Terms and Conditions may be changed or supplemented by the Seller at any time, while the current wording of the Terms and Conditions is always posted on the web portal. This provision does not affect the rights and obligations arising during the effective period of the previous version of the Terms and Conditions.
11.3 The Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
11.4 In relation to the Buyer, the Seller is not bound by any codes of conduct in the sense of the provisions of Section 1826 paragraph 1 letter e) of the Civil Code. The Buyer can address his complaints directly to the Seller or to the relevant supervisory or state supervision authority.
11.5 Supervision of compliance with the obligations pursuant to the Act No. 634/1992 Coll., on consumer protection, as amended (hereinafter referred to as the "Consumer Protection Act"), is carried out by the Czech Trade Inspection Authority, to which relevant initiatives for investigation can be submitted.
11.6 The subject of out-of-court settlement of consumer disputes between the Seller and the Buyer in the sense of Section 20d et seq. of the Consumer Protection Act is the Czech Trade Inspection Authority (http://www.coi.cz/), where a proposal to initiate an out-of-court settlement of a consumer dispute can be submitted.
11.7 The legal relationship established by the Contract is governed by the legal order of the Czech Republic.
11.8 If any of the provisions of the Terms and Conditions is or becomes invalid or ineffective, such invalid provisions shall be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of any provision does not affect the validity and effectiveness of the other provisions.
11.9 These Terms and Conditions take effect on 14 September 2022.