Terms and Conditions

Operator

Spraga Beverages s.r.o.

Registered Office

Opletalova 1535/4, Nové Město (Prague 1), 110 00 Prague
Company ID: CZ19878702
Registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 401655

Email

[email protected]

These General Terms and Conditions (hereinafter referred to as the “Terms”) are issued in accordance with the legal regulations of the Czech Republic and govern the relations between Spraga Beverages s.r.o., Company ID: CZ19878702, with its registered office at Opletalova 1535/4, Nové Město (Prague 1), 110 00 Prague, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 401655 (hereinafter referred to as the “Seller”), and the customer (hereinafter referred to as the “Buyer”) when purchasing goods through the e-shop available at www.spraga.cz (hereinafter referred to as the “Spraga e-shop”).

These Terms are intended for the purchase of goods for personal consumption. The purchase of goods for the purpose of resale is not permitted on the Spraga e-shop. The typical customer of the Spraga e-shop is an individual purchasing goods for their own needs or the needs of their close ones.

By confirming the order, the Buyer confirms that they have read these Terms and the Complaint Procedure and that they agree with them without reservation.

Derogatory agreements in the purchase contract shall prevail over these Terms.

These Terms are effective from September 20, 2024, and replace all previous versions. The Seller reserves the right to change the Terms. The amendment becomes effective upon publication on the Spraga e-shop and does not apply to contracts concluded before its publication.

To use some functions of the Spraga e-shop, the Buyer may create a user account. This account will facilitate future purchases and provide access to additional benefits.

To create an account, the Buyer is obliged to provide true and current information, such as name, surname, email address, and delivery address. This data will be processed in accordance with the privacy policy.

The Buyer is obliged to protect their login details and prevent their misuse by third parties. In case of suspected misuse of the account, the Buyer is obliged to immediately inform the Seller at [email protected].

The Seller reserves the right to cancel the user account in case of prolonged inactivity (more than 12 months) or breach of obligations by the Buyer.

If the Buyer wishes to cancel their user account, they can contact us at [email protected].

The presentation of goods on the Spraga e-shop is of an informative nature and does not constitute an offer to conclude a contract. By submitting the order, the Buyer makes an offer to conclude a purchase contract.

The Buyer can place an order directly through the Spraga e-shop by selecting the desired products and completing the purchase process. Before submitting the order, the Buyer has the option to check and edit the entered data.

By submitting the order, the Buyer confirms that they have read and agree to these Terms and the Complaint Procedure. The Buyer acknowledges that the prices of goods are stated including VAT and all related fees, unless stated otherwise.

The purchase contract is concluded at the moment the order confirmation (acceptance) from the Seller is delivered to the Buyer’s email address. This confirmation contains a summary of the order and these Terms in their current version.

The Seller reserves the right not to confirm the order or to request additional verification in case of suspected misuse of the e-shop, automated order entry, or suspicion of fraudulent conduct.

If certain goods are unavailable, the Seller informs the Buyer and agrees on the next steps. If the goods cannot be delivered, the Seller may cancel that part of the order and refund the paid amount to the Buyer.

Prices of goods are valid for the period they are displayed on the Spraga e-shop and are stated including value added tax (VAT) and all related fees (e.g., packaging recycling fee). The price valid at the time of order submission is binding.

Payment for orders can be made online via the Stripe payment gateway (credit card, Apple Pay, Google Pay) or bank transfer. Transfer fees are governed by the respective bank’s price list.

Payment is considered made at the moment the amount is credited to the Seller’s account. Goods are dispatched only after the payment has been credited.

The Seller will issue a tax document (invoice) and send it to the Buyer electronically after the goods are delivered.

Discounts and promotional offers cannot be combined unless expressly stated otherwise.

The Buyer – consumer has the right to withdraw from the contract within 14 days of receiving the goods without stating a reason. This period is extended by the time during which the Seller failed to provide the Buyer with information about the right of withdrawal.

To exercise the right of withdrawal, the Buyer must inform the Seller at [email protected] of their decision to withdraw from the contract. A sample form, which is an appendix to these Terms, can be used for this purpose, but it is not mandatory.

The Buyer is obliged to return the goods to the Seller at the Buyer’s expense without undue delay, no later than 14 days from withdrawal. The goods must be returned undamaged, complete, and in the original packaging.

The Seller will refund the purchase price within 14 days of withdrawal, but may withhold the refund until the goods are returned or proof of their dispatch is provided. The cost of returning the goods is borne by the Buyer. The Seller is not obliged to reimburse the cost of shipping the goods during the initial dispatch if the Buyer did not choose the cheapest shipping method.

The Buyer – entrepreneur cannot withdraw from the contract pursuant to Section 1829 of the Civil Code.

Goods are delivered to the address stated by the Buyer in the order through carrier services. The Buyer chooses the shipping method and price during the order process.

The delivery time is indicative and is usually 2-5 working days from order dispatch, unless stated otherwise. The Seller is not liable for delays caused by the carrier.

The Buyer is obliged to check the integrity of the packaging upon receipt of the goods. In case of visible damage, this fact must be immediately complained to the carrier and a damage report must be drawn up with them.

If the shipment is not delivered or the addressee is repeatedly not reached, the shipment will be stored for collection. The Buyer is obliged to collect the shipment within the given period, otherwise the shipment may be returned to the Seller.

The goods (kombucha) are a living, unpasteurized beverage. After delivery, it must be stored immediately in a refrigerator at a temperature of 2-8 °C. Failure to comply with storage conditions may lead to spoilage of the product.

The Seller is liable for defects the goods have upon receipt. This complaint procedure, which is an integral part of these Terms, applies to the filing of complaints.

The Buyer – consumer has rights arising from defective performance in accordance with Sections 2099 to 2117 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection. The Buyer – entrepreneur has rights arising from defective performance in accordance with the Civil Code.

Defects must be claimed without undue delay after their discovery, but no later than the end of the warranty period. The warranty period for consumers is 24 months, for entrepreneurs 12 months. For consumers, the warranty period is extended by the period during which the goods were under complaint.

A complaint can be filed by sending an email to [email protected] or in writing to the Seller’s registered office address. The notification must include the order number, a description of the defect, and the requested method of settlement.

The Seller will confirm receipt of the complaint and inform the Buyer about the next steps. The complaint will be settled within 30 days of its filing, unless the parties agree otherwise.

In the case of a justified complaint, the Buyer has the right to free removal of the defect (delivery of new goods, repair) or a reasonable discount on the purchase price, or may withdraw from the contract (in case of material breach). The choice of settlement method belongs to the Buyer (for consumers) or the Seller (for entrepreneurs), always within the limits of the law.

The complaint does not cover defects arising from improper storage, mechanical damage, wear and tear, or failure to follow instructions for use. Particularly for kombucha, it is necessary to strictly adhere to storage conditions (temperature 2-8 °C).

Spraga Beverages s.r.o. processes the personal data of Buyers in accordance with the GDPR regulation and Act No. 110/2019 Coll., on the Processing of Personal Data. More detailed information can be found in the Privacy Policy available on the website.

Personal data is processed for the purpose of order processing, contract performance, and fulfillment of legal obligations (e.g., issuing tax documents).

All communication between the Seller and the Buyer takes place via email, unless agreed otherwise. The Buyer agrees to the use of electronic communication.

The Seller archives the electronic version of the contract and will make it available to the Buyer upon request. These Terms are valid and effective from September 20, 2024, and are available at www.spraga.cz.

If any provision of these Terms is invalid, ineffective, or unenforceable, this does not affect the validity, effectiveness, and enforceability of the other provisions. The invalid provision will be replaced by a provision that best corresponds in purpose and meaning to the invalid provision.

The Buyer – consumer has the right to out-of-court settlement of a consumer dispute arising from the purchase contract. The body for out-of-court settlement of consumer disputes is the Czech Trade Inspection Authority (www.coi.cz).

The Seller does not exclude or limit out-of-court dispute resolution. The Buyer may also use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/.