Terms & Conditions
General Commercial Terms and Conditions of the portal www.parismarket.cz registered and operated by the business corporation Hotel "Paříž" Praha, a.s., Identification No.: 63999188, with its registered office at U Obecního domu 1080/1, Staré Město, 110 00 Prague 1, registered in the Commercial Register maintained by the Municipal Court in Prague, Section B, File 3465 (hereinafter the "E-SHOP") for purchase of goods and/or services on the internet portal www.parismarket.cz (hereinafter "GCTC").
I. Introductory Provisions – Service/s – Signature, Changes in Commercial Terms and Conditions
1.1. These GCTC of the E-SHOP regulate in particular the mutual rights and obligations of the parties arising in connection with or based on a contract for the time-limited purchase of goods and/or use of E-SHOP services (hereinafter the "Contract") concluded between the E-SHOP and the buyer (hereinafter the “Customer”) who purchases or intends to purchase via the www.parismarket.cz portal in the E-SHOP the service and/or goods offered on the aforementioned internet portal.
1.2. These GCTC are intended exclusively for the purchase of goods by the Customer (final consumer) for direct consumption (i.e. they are intended exclusively for consumer contracts). The purchase of goods for the purpose of business, e.g. for the purpose of their resale, is not possible on the internet portal www.parismarket.cz (this particularly applies to alcoholic and/or tobacco products).
1.3. Provisions deviating from GCTC may be modified in the offer of goods and/or services of the E-SHOP promoted on the internet portal www.parismarket.cz. Such possible different covenants take precedence over these GCTC.
1.4. The provisions of these GCTC form an integral part of the Contract. The Contract and GCTC are executed in Czech. The Contract is only concluded in Czech, and after its conclusion it is archived by the E-SHOP, and is not accessible to the Customer.
1.5. The E-SHOP may unilaterally change or supplement the wording of GCTC. This provision does not affect the rights and obligations arising during the period of validity of the previous version of GCTC. The E-SHOP informs the Customers about the change of GCTC on the internet portal www.parismarket.cz, or in another appropriate manner so that the Customer can become familiarised with the current wording of GCTC without unreasonable difficulties.
II. Entering into a Contract between the E-SHOP and the Customer
2.1.The E-SHOP on the internet portal www.parismarket.cz promotes the service/s and/or goods including the value of the offered service/s and/or goods. The prices of the offered goods and/or service/s are quoted inclusive of value added tax.
2.2. The possibility of concluding a Contract for goods and/or service/s of the E-SHOP under more advantageous conditions and at the quoted price (in the case of loyalty and other promotional events) shall remain valid for the period specified on the internet portal www.parismarket.cz, and provided that the conditions specified in the specific offer on the internet portal www.parismarket.cz are met.
2.3.The goods and/or services ordered by the Customer on the internet portal www.parismarket.cz are hereinafter referred to as the "Purchase" for the purposes of concluding the Contract and exercising the rights and obligations under the Contract, as well as for the purposes of these GCTC.
2.4. The Customer is particularly aware of the following obligations towards the E-SHOP, and therefore guarantees the following:
- The Customer has full legal capacity, especially with regard to their age, or is represented by a legal representative,
- If the Customer is younger than 18, the Customer shall not order on the internet portal www.parismarket.cz the goods and/or services, use of which is conditioned by a minimum age of 18 years,
- All data provided to the E-SHOP is true, complete, accurate and correct,
- By paying the price for the Purchase, the Customer does not circumvent or violate the rights of any third parties, and is entitled to use the financial resources spent to pay for the Purchase,
- Before starting using the internet portal www.parismarket.cz the Customer has become thoroughly familiarised with these GCTC, understands them and agrees with them,
- The Customer does not purchase the goods on the internet portal www.parismarket.cz as an entrepreneur or for an entrepreneur, nor will the Customer resell the goods to any third parties (especially alcoholic and/or tobacco products).
2.5. To conclude the Contract, the Customer selects the required quantity of goods and/or services offered, and the address to which the Purchase is to be delivered to the Customer, and possibly communicates information important for the delivery of the ordered goods (hereinafter the "Order"). The purchase price of the goods in the Order is at least CZK 800 (inclusive of VAT) and without the transport fee according to Article 6 (6.5) of these GCTC. The weight limit for the Order is 100 kg.
2.6. Before the Order is sent, the Customer shall be given the opportunity to check and amend the details that the Customer has provided in the Order, also in view of the Customer’s ability to identify and correct errors incurred upon entering the Order data. The Customer shall send the Order to the E-SHOP by clicking the button “Complete the Order”. Data specified in the Order is considered as correct upon sending it. Immediately after receiving the Order, the E-SHOP shall confirm to the Customer that it has received the Order to the e-mail address specified by the Customer in the Order.
2.7. Depending on the nature of the Customer’s Order, the E-SHOP is always entitled to request additional confirmation of the Order (for example in writing or by telephone).
2.8. The purchase contract between the E-SHOP and the Customer is established by handing over the goods according to the Order to the Customer or to the Customer’s representative. In addition to the Customer or the Customer’s representative, the goods can also be taken over on behalf of the Customer by a natural person over 18 years of age who stays in the apartment or other premises at the Customer’s address, and who credibly proves their identity to the person that hands over the goods to the Customer on behalf of the E-SHOP.
2.9. In order to conclude a purchase contract, the Customer will never require the issuance of a tax document in accordance with Act No. 235/2004 Coll., on Value Added Tax, as amended, when handing over the goods, because due to the fact that the Customer has the right at the moment of handing over the consignment of the goods to withdraw from the Contract or cancel the Order or its parts (see below), and thereby do not take delivery of the certain goods (the Contract is only concluded upon takeover of the goods), the tax document would have to be corrected on the spot, which is not technically and temporally feasible at the moment the goods are taken over and handed over. For this reason, the Customer will only be given a delivery note with a list of the purchased goods and their prices. The tax document shall be handed over to the Customer with the Purchase in person.
2.10. The E-SHOP is entitled to check the age limit of the Customer by checking the Customer’s identity card. If the required age limit of the Customer is not proven, the E-SHOP is entitled to refuse concluding the Contract and to require reimbursement of wasted costs in connection with the Order.
2.11. The Customer acknowledges that the E-SHOP is not obliged to enter into the Contract, in particular with persons who have previously materially breached the Contract (including GCTC) and/or the conditions of use of the internet portal www.parismarket.cz.
2.12. The Customer agrees with the use of remote communication means when concluding the Contract. The costs that the Customer incurs in using the remote communication means when concluding the Contract (the costs of internet connection, the costs of phone calls) shall be borne by the Customer.
III. Order Change or Cancellation
3.1.The Order is binding for the Customer from the moment of its completion by the internet portal www.parismarket.cz; its change is only possible if the E-SHOP calls the Customer by phone to inform the Customer that the ordered goods are no longer in stock. Order cancellation is possible via the internet portal www.parismarket.cz no later than at 8:00 p.m. on the day preceding the day of delivery of the goods. On the day of delivery, the Customer may only change (and only with the express consent of the E-SHOP) the time of delivery or the address of delivery. From the moment the goods are already shipped to the Customer, it is not possible to cancel the Order or to change the address or time of delivery.
3.2. The Customer is obliged to state the Order number, the Order date and the account number for the refund of the Purchase price in the Order change and cancellation notice.
3.3. In the case of cancellation of the Order as aforementioned, the already paid deposit of the Purchase shall be transferred to the Customer’s account specified in the Order cancellation notice (if the cancellation notice does not contain such information, then to the account from which payment was made to pay the Purchase price).
4.1. During the registration process, the Customer is required to create a password to the Customer’s account. The Customer is obliged to keep the password confidential and not to share it with other people. The Customer is fully liable for all actions performed via the Customer’s account.
4.2. The Customer is obliged to inform the E-SHOP without undue delay of any suspicion of abuse of the Customer’s password or making it available to a third party. In the case of a justified concern that the Service is or may be abused, the E-SHOP is entitled to block the Customer’s account or request the Customer to change their password. The E-SHOP is not responsible to the Customer for any damage caused by disclosure or abuse of the Customer’s password.
V. Withdrawal from the Contract and the Goods Complaint
5.1. Goods Complaint. The Customer is obliged to immediately check the goods delivered according to the Order, and immediately claim the identified faults to the E-SHOP on a confirmation document of handover of the goods. If the goods (especially food) show any defects upon handing over to the Customer, as a result of which it is not possible to use the goods for their purpose (for obvious reasons, such as expired shelf life or the goods are otherwise manifestly unfit for heat treatment or consumption, or for the intended purpose of use), the Customer shall return the goods immediately to the respective person who handed the goods over to the Customer on behalf of the E-SHOP. The Customer agrees that with regard to the nature of the goods, if the Customer did not complain about obvious defects of the goods upon their handover (e.g. food or in the case of damage to the protective packaging), no later complaint may be taken into consideration.
5.2. Withdrawal from the Contract. In accordance with the provisions of Section 1829 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the "Civil Code"), the Customer has the right to withdraw from the Contract within 14 days of receipt of the goods. In the case of withdrawal from the Contract, the Customer is obliged to immediately hand over the goods to the person who handed them over to the Customer on behalf of the E-SHOP, and if this is not possible, the Customer is obliged to notify the E-SHOP of the withdrawal from the Contract by telephone or via the internet portal www.parismarket.cz, identify the defect and then agree by phone or e-mail to resolve the respective complaint (withdrawal from the Contract). In the case of withdrawal from the Contract, the Customer shall bear the costs associated with the return of the goods, if such goods cannot be returned due to their nature by regular mail.
5.3. If the Customer withdraws from the Contract, the E-SHOP shall return to the Customer without undue delay, no later than fourteen days after the withdrawal from the Contract, all funds, including delivery costs, which the E-SHOP has received from the Customer based on the Contract, and shall do it in the same manner. The E-SHOP shall only return the received money to the Customer in a different manner if the Customer agrees with such manner, and if the Customer does not thereby incur any additional expenses. If the Customer opts for other than the cheapest method of delivery of the goods offered by the E-SHOP, the E-SHOP shall compensate the Customer for the costs of delivery of the goods at an amount equivalent to the cheapest offered method of delivery of the goods. The E-SHOP shall pay the Customer all the expenses connected with returning the goods, if the E-SHOP had not informed the Customer about the duty to bear such expenses in accordance with the provisions of Section 1820 (1) (g). If the Customer withdraws from the purchase contract, the E-SHOP is not obliged to return the received funds to the Customer before the Customer hands over the goods or proves that the Customer has sent the goods to the E-SHOP. The E-SHOP shall take over the goods from the Customer in the Customer’s household at its own expense, if the Customer withdraws from the Contract concluded outside the premises usual for the E-SHOP business, the goods were delivered to the Customer’s household at the time of entering into the Contract, and the nature of the goods does not allow them to be sent by regular mail.
5.4. The Customer shall be responsible for decrease in the value of the goods resulting from handling the goods in a different manner than necessary with regard to the nature and properties of the goods.
5.5. In accordance with the provisions of Section 1837 (e), (g) of the Civil Code, withdrawal from the Contract is not possible in the case of goods (foodstuffs) subject to rapid deterioration, e.g. fruit, vegetables or foodstuffs of animal origin, or goods (e.g. foodstuffs) that cannot be reused for hygienic reasons, or already used goods (e.g. if the Customer breaks the protective packaging of the goods or the safety seal, or if other contamination of the goods (e.g. food) might occur. With regard to compliance with hygiene standards and these GCTC, the Customer agrees that the E-SHOP is entitled in the case of any suspicion of their violation by the Customer to refuse withdrawing from the Contract, and to send the returned goods to the Customer at the Customer’s expense, and if this is not possible (e.g. for hygienic reasons or due to a breach of the protective packaging), the E-SHOP is entitled to dispose of the goods immediately.
VI. Purchase Price and Payment Terms
6.1. The Purchase price and any other costs under the Contract are to be paid in the form of a deposit upon completing the Order, and the Customer may only pay by cashless payment card through a secure payment gateway (hereinafter the “Deposit”). The E-SHOP is not obliged to dispatch the goods according to the Order to the Customer before the Deposit for the Purchase price is paid.
6.2. The Purchase price is payable upon delivery of the goods according to the Order. The Deposit shall be used to pay the price of the Purchase, and any overpayment shall be returned to the Customer to the account from which the Customer paid the Deposit; the Customer will not compensate any underpayment. The Customer’s obligation to pay the Purchase price is performed at the moment the respective amount is credited to the account according to the Contract or according to these GCTC.
6.3. The E-SHOP shall issue and send a tax document to the Customer’s e-mail address without undue delay after payment of the price and handing over the Purchase via www.parismarket.cz.
6.4. The Customer has the option of ordering only a certain number of pieces of goods via the internet portal www.parismarket.cz.
6.5. The price of the goods does not include the price for the service of delivery of the goods to the place specified in the Order. The amount of the current price for the delivery of the goods to the place specified on the day the Order of goods was placed is quoted on the internet portal www.parismarket.cz
6.6. Any other change will always be notified to the Customer in advance when creating the Order, and may depend on the required time of delivery of the goods.
VII. Liability and Guarantees
7.1. The E-SHOP is liable to the Customer for defects of services and/or goods to the extent specified by the generally binding legal regulations. The E-SHOP is thus is liable to the Customer that the service/goods are free of any defects upon receipt. If the defect becomes apparent within six months of the receipt, the service/goods are considered as defective at the time of their receipt.
7.2. In accordance with the provisions of Section 2165 (1) of the Civil Code, the Customer is entitled to exercise the right from a defect of consumer goods within twenty four months from their receipt. The aforementioned does not apply in the case of goods sold at a lower price due to the defect, based on which the lower price was agreed, in the case of wear and tear of the goods caused by their normal use, a defect corresponding to the extent of use or wear and tear the goods showed upon takeover by the Customer in the case of used goods, or if the defect follows from the nature of the goods.
7.3. If the goods do not have the properties specified in the provisions of Section 2161 of the Civil Code, the Customer may also request delivery of new goods without defects, unless this is unreasonable due to the nature of the defect, but if the defect affects only a part of the goods, the Customer may only request replacement of such part; if this is not possible, the Customer may withdraw from the Contract. However, if it is unreasonable due to the nature of the defect, especially if the defect can be removed without undue delay, the Customer has the right to free removal of the defect. The Customer has the right to be delivered the new goods or to replace any part of them even in the case of a remediable defect, if the Customer cannot use the goods properly due to the recurrence of the defect after repair, or due to a larger number of defects. In such a case, the Customer also has the right to withdraw from the Contract. If the Customer does not withdraw from the Contract or does not exercise the right to deliver new goods without defects, to replace their part or to repair the goods, the Customer may request a reasonable discount. The Customer has the right to a reasonable discount even if the E-SHOP cannot deliver new goods without defects, replace the respective part of the goods or repair the goods, as well as if the E-SHOP does not arrange for a remedy within a reasonable time, or if arranging for a remedy would cause considerable difficulties to the Customer. The Customer cannot exercise the right from a defective performance, if the Customer knew before taking over the goods that the goods had a defect, or if the Customer himself caused the defect. When the goods have a defect, for which the E-SHOP is liable, and if the goods are sold at a lower price or if a used item is in question, the Customer has the right to a reasonable discount instead of the right to exchange the goods. Defect rights are claimed from the E-SHOP where the goods were purchased. If the Customer exercises the right from the defective performance, the E-SHOP will confirm to the Customer in writing when the Customer exercised the right, as well as performance of the repair and its duration.
7.4. The E-SHOP is not liable for any damage or any other consequences incurred by the Customer on the basis of or in connection with the Customer’s acts or circumstances on the part of the Customer.
7.5. The Customer agrees that the E-SHOP is not responsible for the smooth, uninterrupted, error-free and safe operation of the internet portal www.parismarket.cz. The E-SHOP is not responsible for advertising or promotion made by any third party through the internet portal www.parismarket.cz or for errors caused by third party’s interventions in the internet portal www.parismarket.cz or as a result of its use contrary to its purpose.
7.6. The availability of the goods depends on the amount in stock, and the E-SHOP does not guarantee its availability. In the case that it will not be possible to process the Order for any reason on the part of the E-SHOP, the Customer shall be informed via the E-SHOP customer line or to e-mail address specified by the Customer in the Order as a contact e-mail address.
VIII. Returnable Packaging
8.1. The prices of the goods in returnable packaging also include the price of the packaging. The Customer may return the returnable packaging and receive the price of the packaging back in any retail sale chain.
IX. Alcoholic Beverages and Tobacco Products
9.1. Tobacco products and alcoholic beverages may only be sold to persons over 18 years of age; their sale to younger persons is prohibited. If it is not be possible to reliably verify that the Customer is over 18, the goods will not be handed over, and the E-SHOP is entitled to withdraw from the Contract, unless the goods have been handed over to the Customer's legal representatives.
9.2. The E-SHOP reserves the same restrictions and the same rights to apply to alcoholic products.
9.3. The E-SHOP reserves the right to impose restrictions similar to those applicable to sale of tobacco products and alcoholic beverages on selected drugstore goods (e.g. household cleaners or pesticides, or, as the case may be, flammable, volatile or irritating substances or substances otherwise dangerous or harmful), or any other goods of a similar nature.
X. Protection of Intellectual Property Rights, Service Misuse, Service Availability, other Rights and Obligations of the Parties
10.1. The Customer acknowledges that the software and other components that make up the internet portal www.parismarket.cz (including photographs of the promoted services and/or goods) are protected by copyright. The Customer undertakes to use the internet portal www.parismarket.cz exclusively for their needs and not to perform any activity that could allow the Customer or any third parties to unjustifiably interfere with or unjustifiably use (e.g. store, modify, distribute) the software or other components forming the internet portal www.parismarket.cz.
10.2. Access to and use of the internet portal www.parismarket.cz by the Customer in accordance with GCTC is free of any charge.
10.3. The Customer is not entitled to use mechanisms, software or other procedures on the internet portal www.parismarket.cz that could have a negative effect on the operation of the internet portal www.parismarket.cz. The internet portal www.parismarket.cz may only be used to the extent that is not to the detriment of the rights of other E-SHOP customers, and in accordance with its purpose.
10.4. The Customer uses the internet portal www.parismarket.cz at their own risk, and agrees that the photos on the internet portal www.parismarket.cz are only illustrative.
10.5. The E-SHOP is not liable for any damage incurred in connection with the use of services, use of information or downloading of data published on the internet portal www.parismarket.cz, i.e. for errors, omissions, interruptions, failures, delays, computer viruses, loss of profit or loss of data of Customer or other third parties using the internet portal www.parismarket.cz, unauthorized access to transmissions and data of such persons, changes in such data, as well as other tangible and intangible losses.
10.6. All information published on the internet portal www.parismarket.cz is presented with the best knowledge and conscience of the E-SHOP, which is not responsible for its completeness or technical accuracy. The E-SHOP also disclaims all warranties that the material contained on the internet portal www.parismarket.cz is harmless.
10.7. The E-SHOP reserves the right to restrict or terminate the access of the Customer or another third party to the internet portal www.parismarket.cz at any time.
10.8. In relation to the Customer, the E-SHOP is not bound by any Codes of Conduct within the meaning of the provisions of Section 1826 (1) (e) of Act No. 89/2012 Coll., the Civil Code.
XI. Protection of Personal Data and Consent with its Processing
11.1. The method the E-SHOP uses to process the Customer’s personal data is described in the section Protection of Personal Data of Customers. The Customer notes that the Customer is required to provide their personal data accurately and truthfully, and is required without undue delay to inform the E-SHOP about any changes in their personal data.
XII. Delivery and Takeover
12.1. Unless otherwise agreed, all correspondence relating to the Contract must be delivered to the other party in writing, namely by e-mail or in person, where appropriate or by registered mail through the postal service provider. It is delivered to the Customer to the e-mail address specified in the Order.
12.2. In the case of delivery by e-mail, the message is considered as delivered at the moment it is received by the incoming e-mail server. A message delivered in person or through a postal service provider is considered as received by the addressee upon taking over the consignment, or upon the moment the addressee refuses to accept the consignment. In the case of delivery via a postal service provider, the item is also considered as delivered after expiry of ten (10) days from depositing the item and requesting the addressee to take over the deposited item, if the item is deposited with the postal service provider, even if the addressee has not learned of the depositing.
XIII. Final Provisions
13.1. If the relationship relating to the use of the internet portal www.parismarket.cz or the legal relationship established by the Contract contains any international (foreign) element, then the parties agree that the relationship is governed by the legal rules of the Czech Republic. This is without prejudice of the Customer’s (consumer’s) rights arising from the generally binding legal regulations. In the case of a legal dispute between the Customer and the E-SHOP, the court with local jurisdiction according to the registered office of the E-SHOP’s operator shall be the competent court.
13.2. In the case of a dispute between the Customer and the E-SHOP, the Customer may also make use of the possibility of out-of-court settlement of the dispute. In such a case, the Customer may contact the entity for out-of-court dispute resolution, which is the Czech Trade Inspection Authority (www.coi.cz), and to proceed according to the rules specified therein. More information about out-of-court dispute resolution can also be found on the website of the Czech Trade Inspection Authority.
13.3.The E-SHOP is authorized for this activity on the basis of a trade licence, and the activity is not subject to any other permit. The trade inspection is performed by the Trade Licensing Office within its competence.
13.4. If any of the provisions of GCTC is or becomes invalid or ineffective, such invalid provisions shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of any provision shall not affect the validity and effectiveness of the other provisions.
XIV. Customer Support Contact Details:
- Internet portal/e-shop: www.parismarket.cz
- Customer hotline: + 420 606 777 399
Any questions, initiatives, comments or complaints may be dealt with via firstname.lastname@example.org. If they cannot be resolved, the state supervisory authorities and the court may be contacted.
This applicable version of the General Commercial Terms and Conditions is effective from 23/11/2020.