General Terms and Conditions
These General Terms and Conditions (“Terms”) of Frutcha Friends s.r.o., registered at Korunní 2569/108, Prague 10, Company ID 21619212, VAT CZ21619212, registered in the commercial register under file no. C 402563/MSPH at the Municipal Court in Prague, e -mail info@frutcha.com, phone number +420604388029 (“We” or “Seller”) regulate, in accordance with Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended (“Civil Code”), the mutual rights and obligations between You, as the Buyer, and Us, as the Seller, arising in connection with or based on the purchase agreement (“Agreement”) concluded through the E-shop at www.frutcha.com and www.frutcha.cz.
All information about the processing of your personal data is contained in the Privacy Policy, which you can find here https://www.frutcha.com/podminky-ochrany-osobnich-udaju/.
The provisions of these Terms form an integral part of the Agreement. The Agreement and the Terms are drawn up in the Czech language. We may unilaterally amend or supplement the Terms. This provision does not affect rights and obligations arising during the validity of previous versions of the Terms.
As you probably know, we primarily communicate remotely. Therefore, our Agreement is concluded using remote communication methods that allow us to agree without the simultaneous physical presence of Us and You, and the Agreement is thus concluded remotely in the E-shop environment via the website interface (“E-shop interface”).
If any part of the Terms conflicts with what we have mutually agreed upon during your purchase process on Our E-shop, this specific agreement shall take precedence over the Terms.
I. SOME DEFINITIONS
1. Price is the amount you will pay for the Goods;
2. Shipping Fee is the amount you will pay for the delivery of the Goods, including packaging costs;
3. Total Price is the sum of the Price and the Shipping Fee;
4. VAT is the value-added tax according to applicable legal regulations;
5. Invoice is the tax document issued in accordance with the VAT Act for the Total Price;
6. Order is your irrevocable proposal to conclude a Purchase Agreement for the Goods with Us;
7. User Account is an account set up based on your provided information, allowing storage of entered details and order history;
8. You are the person purchasing on Our E-shop, legally referred to as the Buyer;
9. Goods include all items available for purchase on the E-shop.
II. GENERAL PROVISIONS AND INFORMATION
1. Purchasing Goods is only possible through the E-shop interface.
2. When purchasing Goods, you are required to provide Us with accurate and truthful information. We will consider the information provided during the order process to be correct and truthful.
III. CONCLUSION OF THE AGREEMENT
1. The Agreement with Us can only be concluded in Czech.
2. The Agreement is concluded remotely via the E-shop, and you bear the costs associated with the use of remote communication means. These costs do not differ from the standard rate you pay for using such means (e.g., internet access), so you should not expect any additional charges beyond the Total Price. By submitting the Order, you agree to the use of remote communication means.
3. To conclude the Agreement, you need to create an Order on the E-shop, which must include the following details:
a) Information about the purchased Goods (selected on the E-shop using the “Add to Cart” button);
b) Information about the Price, Shipping Fee, payment method, and preferred delivery method; these details are entered during the Order creation process and are automatically displayed based on the selected Goods and delivery method;
c) Your identification and contact details for delivery, including name, surname, delivery address, phone number, and email address;
d) If the Agreement involves regular and repeated delivery of Goods, the duration of such deliveries must also be specified.
4. During the Order creation process, you can review and modify the details before submitting. After verification, clicking the “Order with Payment Obligation” button will submit the Order. Before submitting, you must confirm that you have read and agree to these Terms; otherwise, the Order cannot be completed. This is confirmed by checking a box. Once submitted, all entered details are sent directly to Us.
5. We will confirm your Order as soon as possible after receiving it via email. The confirmation will include a summary of the Order and these Terms. Upon Our confirmation, the Agreement between Us and You is concluded. The Terms in effect on the Order date form an integral part of the Agreement.
6. In some cases, we may not be able to confirm your Order, such as if the Goods are unavailable or if you order more units than allowed. If any reason prevents us from confirming your Order, we will contact you and send an offer for an amended Agreement. The Agreement is concluded when you accept this amended offer.
7. If an apparent pricing error occurs on the E-shop or in the Order proposal, we are not obligated to deliver the Goods at the incorrect price, even if you have received an Order confirmation. We will contact you immediately and send a revised offer. The new Agreement is concluded upon your acceptance. If you do not confirm within 3 days, we may cancel the Agreement. An obvious pricing error includes situations where the price deviates significantly from the usual market price or contains an incorrect digit.
8. Once the Agreement is concluded, you are obligated to pay the Total Price.
9. If you have a User Account, you may place an Order through it. However, you must verify the accuracy and completeness of the pre-filled information. The ordering process is identical to that for buyers without a User Account, but with the benefit of not having to repeatedly enter your details.
10. In some cases, we offer discounts for purchases. To apply a discount, you must enter the discount details in the designated field during the Order process. If correctly entered, the discount will be applied to your purchase.
IV. USER ACCOUNT
1. Upon registering on the E-shop, you gain access to your User Account.
2. When registering, you must provide accurate and truthful details and update them if necessary.
3. Access to your User Account is protected by a username and password, which you must keep confidential. We are not responsible for misuse.
4. The User Account is personal and cannot be shared with third parties.
5. We may deactivate your User Account if it is inactive for over a year or if you violate the Agreement.
6. User Account access may be temporarily unavailable due to necessary maintenance.
V. PRICING, PAYMENT TERMS, AND OWNERSHIP RESERVATION
1. The Price is listed in the E-shop, Order proposal, and Agreement. If there is a discrepancy, the Order proposal Price prevails.
2. The Total Price includes VAT and all statutory fees.
3. Payment of the Total Price is required before delivery. Payment can be made via:
a) Bank transfer - payment instructions will be sent upon Order confirmation, due within 2 days;
b) Online card payment - processed via Comgate, subject to their terms;
c) Cash on delivery - payable upon receipt;
d) Cash upon personal pickup (currently unavailable).
4. The invoice will be emailed and available in your User Account.
5. Ownership of the Goods transfers to you only after full payment and receipt.