Terms and Conditions

of COOLBITE s.r.o.

with its registered office at V závětří 1036/4, Holešovice, 170 00 Prague 7, Czech Republic
Company ID No. (IČO): 19132701
VAT ID No. (DIČ): CZ19132701
registered in the Commercial Register maintained by the Municipal Court in Prague, file No. C 426330

for the online shop El Hanout

Contact details:
E-mail: contact@elhanout.cz
Telephone: +420 776 718 635

Business premises / personal collection point:
Náchodská 757/88, 193 00 Prague – Horní Počernice, Czech Republic

1. INTRODUCTORY PROVISIONS

1.1 These Terms & Conditions govern the mutual rights and obligations of COOLBITE s.r.o. as the seller and the customer as the buyer when purchasing goods through the El Hanout online shop.

1.2 These Terms & Conditions apply to purchases of goods through the online shop, in particular fresh and frozen meat, oriental products, and other food products offered by the seller.

1.3 Where the buyer is a consumer, the relationship between the buyer and the seller is also governed by applicable consumer protection legislation, in particular Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection.

1.4 These Terms & Conditions are available in English and Czech. The purchase contract may be concluded in Czech.

1.5 The seller is entitled to amend or supplement these Terms & Conditions. The version of the Terms & Conditions effective at the time the purchase contract is concluded shall apply to that particular purchase contract.

2. USER ACCOUNT

2.1 The buyer may order goods without registration or through a user account, if this option is available in the online shop.

2.2 When registering and placing an order, the buyer is obliged to provide correct and truthful information and to update this information without undue delay if it changes.

2.3 The seller considers the information provided in the user account and in the order to be correct unless the buyer notifies the seller of a change.

2.4 The buyer is obliged to protect the login details for their user account from disclosure to third parties.

2.5 The seller may cancel a user account, in particular if the buyer does not use it for a prolonged period or breaches their obligations arising from the purchase contract or these Terms & Conditions.

2.6 The user account may not be available continuously, particularly due to maintenance or technical interventions.

3. CONCLUSION OF THE PURCHASE CONTRACT

3.1 The presentation of goods in the online shop is for information purposes and does not constitute an obligation for the seller to conclude a purchase contract for every product displayed.

3.2 The price of each product is stated in the online shop. The price includes any applicable value added tax and other charges required by law, excluding delivery costs and any additional costs displayed to the buyer before the order is completed.

3.3 For goods sold by weight, the final price may be determined according to the actual weight of the goods. If the exact weight is only known when the order is prepared, the final price may reasonably differ from the indicative price displayed when placing the order. The buyer will be informed accordingly, taking into account the nature of the order.

3.4 To order goods, the buyer completes the electronic order form in the online shop. The order contains, in particular, information about the goods ordered, quantity, delivery method, payment method, and the buyer's contact and delivery details.

3.5 Before submitting the order, the buyer has the opportunity to check and modify the information entered.

3.6 The buyer submits the order by clicking the button designated for the binding submission of the order.

3.7 By submitting the order, the buyer confirms that the order creates an obligation to pay the price of the ordered goods.

3.8 The purchase contract is concluded when the seller confirms the order. Confirmation may be sent to the e-mail address provided by the buyer in the order.

3.9 The seller reserves the right to contact the buyer to verify an order, particularly where the information provided is incomplete, unusual, or there is a reasonable doubt as to its accuracy.

3.10 The seller may refuse an order, particularly in the event that the goods are out of stock, delivery is impossible, or there is an obvious error in the price or description of the goods. If the buyer has already paid the price, the relevant amount will be refunded.

4. PRICE OF GOODS AND PAYMENT TERMS

4.1 The buyer may pay the price of the goods and any delivery costs using the payment methods displayed in the online shop during the ordering process.

4.2 Delivery costs are displayed to the buyer before the order is submitted.

4.3 The buyer is obliged to pay the order price using the method and within the period specified during the ordering process.

4.4 For online payments, the buyer must follow the instructions of the relevant payment service provider.

4.5 If personal collection is selected, the goods may be collected at the business premises specified in these Terms & Conditions or at another collection point stated in the online shop.

4.6 The seller shall issue a tax document in accordance with applicable legislation. The tax document may be sent electronically to the buyer's e-mail address.

4.7 Discounts and promotional offers cannot be combined unless the seller expressly states otherwise.

5. WITHDRAWAL FROM THE PURCHASE CONTRACT

5.1 If the buyer is a consumer and the purchase contract was concluded through the online shop, the buyer generally has the right to withdraw from the contract within 14 days of receiving the goods, unless an exception provided by law applies.

5.2 The buyer may withdraw from the contract by sending a notice to contact@elhanout.cz or in writing to the seller's registered office.

5.3 If the buyer withdraws from the contract, the buyer must send or hand over the goods to the seller without undue delay and no later than 14 days after withdrawal, unless otherwise provided by law.

5.4 The costs associated with returning the goods are borne by the buyer unless otherwise provided by law.

5.5 The seller shall refund the payments received from the buyer without undue delay and no later than 14 days after withdrawal from the contract. However, the seller is not obliged to make the refund before receiving the returned goods or proof that the goods have been sent.

5.6 When withdrawing from the contract, the seller shall also refund the cost of delivery, up to the amount corresponding to the cheapest standard delivery method offered, unless otherwise provided by law.

5.7 The seller shall refund the money using the same payment method used by the buyer unless the parties agree otherwise.

5.8 The buyer is liable to the seller for any reduction in the value of the goods caused by handling the goods in a manner other than what is necessary to examine their nature, properties, and functionality.

5.9 The right of withdrawal does not apply, in particular, to:

goods that deteriorate rapidly or have a short shelf life,

goods that have been irreversibly mixed with other goods after delivery,

goods supplied in a sealed package which cannot be returned for reasons of health protection or hygiene after the package has been opened,

other cases provided by the Civil Code.

5.10 For fresh meat, certain chilled products, and other perishable food products, the 14-day right of withdrawal does not apply where the statutory exception applies to the particular goods.

5.11 This does not affect the buyer's statutory rights concerning defective goods.

6. TRANSPORT AND DELIVERY OF GOODS

6.1 The delivery method and any delivery costs are stated in the online shop during the ordering process.

6.2

The seller shall deliver the goods to the address specified by the buyer in the order or prepare them for personal collection if this option has been selected.

6.3 If the goods are transported by a carrier, the buyer is obliged to ensure that the shipment can be received at the agreed time.

6.4 For perishable goods, the buyer is obliged to ensure appropriate storage after receipt and to follow the storage instructions stated on the packaging, particularly temperature and storage-period requirements.

6.5 The seller is not responsible for deterioration in the quality of food caused by improper storage or inappropriate handling by the buyer after receipt of the goods.

6.6 If the buyer unjustifiably refuses to accept the ordered goods, the seller may request reimbursement of reasonably incurred costs associated with repeated delivery or the return of the shipment.

6.7 The seller shall deliver the goods within the agreed period. If no specific delivery period has been agreed, the seller shall deliver the goods without undue delay in accordance with applicable legislation.

7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

7.1 The seller is responsible for ensuring that the goods are free from defects upon receipt and correspond to the agreed properties.

7.2 The buyer's rights arising from defective performance are governed by the Civil Code and other applicable legislation.

7.3 The buyer may submit a complaint in particular in person at the seller's business premises or by a method allowing the complaint to be properly assessed and processed.

7.4 For food and other goods with a limited use-by date or minimum durability period, the seller's liability for defects is assessed with regard to the durability period and the nature of the particular goods.

7.5 If a defect becomes apparent within the statutory period, the statutory presumptions and rules concerning the existence of the defect at the time of receipt shall apply.

7.6 A defect does not include damage caused by improper use, improper storage, improper handling, or other conduct by the buyer contrary to the nature of the goods or the instructions of the seller or manufacturer.

7.7 When a complaint is submitted, the seller shall provide the buyer with confirmation of the complaint and shall process the complaint within the statutory period.

8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1 The buyer acquires ownership of the goods upon full payment unless otherwise provided by law or agreed by the parties.

8.2 The seller is not bound by any codes of conduct in relation to the buyer within the meaning of applicable legislation unless otherwise stated on the relevant page of the online shop.

8.3 The buyer may send comments, questions, and complaints to contact@elhanout.cz.

8.4 A consumer has the statutory right to seek out-of-court resolution of a consumer dispute. The competent alternative dispute resolution body is the Czech Trade Inspection Authority (Česká obchodní inspekce).

8.5 The buyer may also contact the Czech Trade Inspection Authority for information concerning consumer rights.

8.6 Compliance with certain obligations of the seller is supervised by the competent public authorities according to the nature of the particular matter.

9. PROTECTION OF PERSONAL DATA

9.1 The seller processes the buyer's personal data in accordance with applicable legislation, in particular Regulation (EU) 2016/679 (GDPR).

9.2 Detailed information about the processing of personal data is provided in the separate Privacy Policy published in the online shop.

10. COMMERCIAL COMMUNICATIONS AND COOKIES

10.1 The seller may send commercial communications to customers only in accordance with applicable legislation. Where consent is legally required for a particular commercial communication, the customer will be given the opportunity to provide such consent.

10.2 Each commercial communication must provide a simple and free method of refusing further commercial communications.

10.3 The online shop uses technical and necessary cookies required for its proper operation.

10.4 Analytical, marketing, and other non-essential cookies for which consent is required by law will be activated only after the relevant consent has been provided.

11. DELIVERY OF COMMUNICATIONS

11.1 Communications may be delivered to the e-mail address provided by the buyer in the order or user account.

11.2 The buyer is responsible for ensuring that the e-mail address provided in the order is functional and regularly checked.

12. FINAL PROVISIONS

12.1 Legal relations between the seller and the buyer are governed by the laws of the Czech Republic.

12.2 Where the buyer is a consumer, this provision does not affect any rights granted to the consumer by mandatory consumer protection legislation.

12.3 If any provision of these Terms & Conditions is invalid or ineffective, it shall be replaced by a provision whose meaning most closely corresponds to the invalid or ineffective provision.

12.4 The seller retains information concerning concluded contracts in accordance with applicable legislation. The purchase contract is concluded in the Czech language.

12.5 A model withdrawal form is an integral part of these Terms & Conditions and is made available to customers in the online shop.

12.6 Seller's contact details:

COOLBITE s.r.o.
V závětří 1036/4
170 00 Prague 7 – Holešovice
Czech Republic
Company ID No.: 19132701
E-mail: contact@elhanout.cz
Telephone: +420 776 718 635

12.7 These Terms & Conditions are effective from 01.01.2027.