These business terms and conditions in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”) regulate the mutual rights and obligations between the company:
Crocodille ČR, spol. s. r. o.,
ID (Reg.) No.: 43001343,
with registered office in Poděbradská 55/88, 198 00 Prague 9,
a company registered in the Commercial Register maintained at the Municipal Court in Prague, Section C, File 166961
(hereinafter referred to as the “Seller”)
(hereinafter referred to as the “Buyer”)
arisen in connection with or on the basis of an agreement between the Seller and the Buyer, the subject matter of which is the goods of the Seller (hereinafter referred to as the “Goods”) (hereinafter referred to as the “Agreement”) and is concluded online at www.360pizza.com (hereinafter referred to as the “Web Portal”) in connection with the Goods offered.
I. Introductory Provisions
1.1 These business terms and conditions are an integral part of the Agreement. The Agreement and Business Terms and Conditions are drawn up in Czech. The Agreement can be concluded in Czech. Everywhere where there is mention of the rights and obligations under the Contract means the rights and obligations under the Agreement including these Business Terms and Conditions.
1.2 The issue of Goods as part of the Web Portal is not an offer in the meaning of the provision of Section 1732 (2) of the Civil Code.
1.3 The Buyer agrees to use means of remote communication when concluding the Agreement. The Buyer shall cover all and any costs incurred by the Buyer when using remote means of communication (costs of internet connection, costs of phone calls, etc.) in connection with the conclusion of the Agreement.
2.1 Information about the Goods and their properties, prices and costs connected with delivery of the Goods within the defined territory of the Czech Republic is provided on the Web Portal. The Goods are delivered only on the defined territory of the Czech Republic which the Buyer shall find on the Web Portal in the section “Delivery Map” which shows the map of deliveries with various delivery zones and the delivery price and Goods’ delivery time within these zones. The prices listed include value added tax. The prices apply for the length of time they are listed on the Web Portal.
2.2 The Goods’ order can be placed:
(a) via the Web Portal (hereinafter referred to as the “Order via the Web Portal”);
(b) over the phone by calling 800 224 389 (hereinafter referred to as the “Order Over the Phone”);
(c) by electronic mail at firstname.lastname@example.org (hereinafter referred to as the “E-mailed Order”);
(hereinafter referred to as the “Order” or “Orders”).
2.3 Orders can be placed during opening hours according to the following sentence, but no later than 60 minutes before the selected delivery time or end of opening hours. Opening hours on working days are from 10.00 am to 9.00 pm and at the weekends from 11.00 am to 9.00 pm. If deliveries are made then a delivery is possible between 10.00 am and 11.00 pm on working days and between 10.00 am and 9.00 pm at weekends (hereinafter referred to as “Opening Hours”).
2.4 The Buyer declares that the data stated in the Order or otherwise provided by the Seller are true and correct. The Seller shall not be liable for any damage caused by the communication of incorrect or false data to the Buyer. The Buyer shall be liable for any damage caused by communication of incorrect or false personal data.
Order via the Web Portal
2.5 The Buyer shall place the Goods’ Order via the Web Portal after the registration or subsequent login to the Web Portal and after filling in the necessary data. During registration the Buyer is asked to create a login password to his customer account on the Web Portal. The Buyer shall be obliged to keep this password secret and not disclose it to other parties. The Buyer bears full responsibility for any transactions carried out from his account.
2.6 The Buyer shall create the Order by marking individual items of Goods and filling in the required data and send (perform) to the Seller by clicking on the button “Confirm”. The Buyer can check the Order and make any changes to it, including data concerning the ordered Goods, in the time before it is sent. The Seller shall confirm acceptance of the Order by an e-mail sent to the Buyer’s e-mail address stated in the Order (hereinafter referred to as the “Buyer’s E-mail Address”).
2.7 The Buyer shall be obliged to inform the Seller without undue delay if he suspects misuse or access to his password by a third party. If there are justified concerns that the Buyer’s customer account is going to be or may be misused, the Seller shall be authorised to block the Buyer’s account or ask him to change his password. The Seller shall not be liable to the Buyer for any damage incurred by him as a consequence or misuse of his login password.
Order over the Phone
2.8 Based on an Order over the Phone placed by the Buyer on the phone number stated above, the Seller shall enter the Order in the Web Portal and confirm acceptance of the Order by an e-mail sent to the Buyer’s E-Mail Address. The Buyer agrees that phone calls made as part of the Order over the Phone may be recorded in order to improve the quality of services provided and only to protect the rights of the parties of the customer relationship.
2.9 Based on an E-mailed Order placed by the Buyer sent to the e-mail address stated above, the Seller shall enter the Order in the Web Portal and confirm acceptance of the Order by an e-mail sent to the Buyer’s E-mail Address. The Buyer’s E-mailed Order must contain at least the Buyer’s name and surname or business name and identification number, the quantity and type of delivered Goods, address and time of delivery, the Buyer’s phone number – if the E-mailed Order does not contain any of the data stated in this par. 2.9 of the Business Terms and Conditions, the Seller shall not be obliged to enter the Order in the Web Portal and accept the Buyer’s Order.
III. Concluding the contract
3.1 The Agreement is concluded upon delivery of the acceptance of the Order which the Seller sends to the Buyer by electronic mail to the Buyer’s E-mail Address and this also applies to Orders over the Phone and E-mailed Orders.
3.2 The Buyer acknowledges that the Seller is not obliged to conclude the Agreement, i.e. accept the Order, particularly however not exclusively with parties who have previously substantially breached the Agreement and/or these Business Terms and Conditions, or if the production or supply capacities are full.[E1]
IV. Payment terms and conditions
4.1 When placing the Order the Buyer can select from the following methods of paying the purchase price of the Goods and other costs:
(a) non-cash payment via the secure gateway of Komerční banka;
(b) cash payment on acceptance of Goods from the deliverer (only up to 3,000 CZK) or at the Seller’s point of sale;
(c) non-cash payment at the Seller’s points of sale by a payment card accepted by the Seller; or
(d) non-cash bank transfer in the event that the Buyer and Seller conclude a master agreement.
As well as payment of the purchase price of the Goods the Buyer shall be obliged to cover the Goods’ delivery costs in accordance with the Agreement.
4.2 The Seller is authorised to demand payment of the entire purchase price and other costs before sending the Goods to the Buyer. The provision of Section 2119 (1) of the Civil Code shall not apply.
4.3 In the event that the Goods are ordered by a Buyer who has unjustifiably not accepted delivered Goods in the past, the Seller reserves the right that the Buyer pays the purchase price of the ordered Goods in advance.
4.4 After payment of the purchase price and other related costs, the Seller shall issue a tax document (invoice) to the Buyer for the payment made which the Buyer can download in pdf format via his customer account in the section “User zone”, while he shall also receive a link to the relevant invoice e-mailed to his e-mail address. In the event of payment upon personal collection or during payment of the deliverer, the Seller shall present a tax document (invoice) to the Buyer during collection of the Goods.
V. Delivery of goods
5.1 The Seller pledges to deliver the ordered Goods during Opening Hours to the address stated in the Order or to the address of the Seller’s point of sale in the event of a personal collection for the time stated in the Order, while this must not be sooner than in 180 minutes after the Order is placed. If a situation arises which directly affects the delay of the delivery (complication, accident, bad weather, etc.), there could be a delay in delivery of the Goods. In this case the Buyer shall be informed over the phone of the time of delivery. The Seller shall not be liable for delay or non-delivery not caused by the Seller, therefore this shall not be a reason for a justified complaint.
5.2 If the Seller is obliged, under the Agreement, to deliver the Goods to the place specified by the Buyer, the Buyer is obliged to accept the Goods on their delivery. If the Goods are not accepted or returned by the Buyer without a relevant reason, the Seller shall be entitled to payment of the purchase price of the Goods and costs of delivery of the Goods.
5.3 The Seller shall deliver the Goods to the Buyer to the first door of the address stated in the Order. The first door means the entrance door to an apartment block, to the reception of an office building, to a family home, etc. The Seller is not obliged to deliver the Goods to the Buyer up to the door of his apartment unless the Buyer requests this for serious reasons (e.g. immobility) and the Seller confirms his request for this delivery.
VI. Change order
6.1 The Order is binding for the Buyer from the time it is sent to the Seller via the Web Portal and/or placed by an order over the Phone or E-mailed Order. After sending the Order the Buyer can change the time of delivery, address of the delivery or quantity and type of delivered Goods (but not to cancel the Order, i.e. change the quantity of ordered Goods to none) always no later than 180 minutes before the required delivery.
6.2 The Seller reserves the right to cancel a confirmed Order or a part thereof in the event that serious circumstances arise preventing the production or delivery of the Goods ordered by the Buyer (e.g. used up capacity of the delivery service or for different circumstances). In the event that this situation arises, the Seller shall contact the Buyer on the phone number specified by the Buyer in order to agree on a change to the time of delivery of the Order. In the event that the Buyer shall not agree with the change of time of the Order delivery and has already paid part or the whole sum of the purchase price, the relevant sum or a part thereof shall be transferred back to his account within a time limit of thirty (30) calendar days after the cancellation of the Order by the Seller. The Buyer is obliged to state the number of the Order and date of the Goods’ Order in the change to the Order.
VII. Withdrawal from the contract and complaints about goods
7.1 In accordance with the Civil Code the Buyer has no right to withdraw from the Agreement without giving a reason and the Seller does not provide a guarantee period for the Goods.
7.2 When selling the Goods to the Buyer, the Seller shall ensure that the Goods are of the required quality, quantity, measure and weight. The Goods must be free of defects and must meet generally applicable standards.
7.3 The Buyer is obliged to immediately check the handed over Goods delivered and immediately inform the Seller of any detected discrepancies, in the confirmation of the handover of the Goods, or verbally if personally accepting the Goods. If the Goods show defects when handed over to the Buyer and as a result he will not be able to use them for the purpose (for certain reasons such as if the Goods are clearly unfit for consumption), he shall immediately return the Goods to the relevant person who handed them over on behalf of the Seller. The Buyer agrees that in view of the nature of the Goods, any later complaint may be disregarded even if the Buyer did not complain about the evident defects of the Goods during their handover.
7.4 In the event that the Goods do not comply during their acceptance by the Buyer with the Agreement, this shall be deemed as defective performance in the meaning of the provisions of Section 2099 et seq. of the Civil Code and the Buyer shall be authorised to proceed in accordance with the provisions of Sections 2106 and 2107 of the Civil Code.
7.5 In the event that the Buyer lodges a complaint, he must provide reasons for the complaint.
7.6 At the Buyer’s request the Seller shall issue to the Buyer written confirmation of the obligations arising from defective performance in the scope laid down by the Civil Code.
7.7 The Buyer is authorised to lodge a complaint by electronic mail at email@example.com and/or in person at the Seller’s point of sale at Poděbradská 55/88, 198 00 Prague 9. A decision about the complaint shall be made without undue delay, in complicated cases within three (3) working days. This time limit shall not include the reasonable time, depending on the type of product or service required, for the professional assessment of the defect.
7.8 The Seller shall issue to the Buyer written confirmation of when the Buyer enforced the right concerning the content of the complaint and in what way the consumer demands that the complaint is settled, as well as confirmation of the date and manner of settling the complaint, or, as the case may be, the written reason for rejecting the complaint.
8.1 The Seller shall not be liable for any damage or any other consequences arising for the Buyer based on or in connection with the actions of the Buyer or circumstances of the Buyer.
8.2 The Buyer agrees that the Seller shall not be liable for the smooth uninterrupted, faultless and secure operation of the Web Portal. The Seller shall not be liable for any errors occurring as a consequence of interference by third parties in the Web Portal or as a consequence of its use contrary to its designation.
8.3 Availability of the Goods depends on the warehouse stock and production capacity of the Seller and the Seller does not guarantee availability of the Goods. In the event that the Seller shall not be able to confirm the Order for whatever reason, the Seller shall inform the Buyer by e-mail to the Buyer’s E-mail Address.
IX. Protection of intellectual property rights, misuse of service, availability of service, further rights and obligations of the Seller and Buyer
9.1 The Buyer acknowledges that the software and further components making up the Web Portal (including photographs of promoted services and/or Goods) are protected by copyright. The Buyer pledges to use the Web Portal solely for his own needs and shall not perform any activity which could allow him or third parties to interfere with or use without authorisation (e.g. store, modify, disseminate) the software or other components making up the Web Portal.
9.2 The Buyer has free access and use of the Web Portal in accordance with the Business Terms and Conditions.
9.3 The Buyer is not authorised to use mechanisms, software or other procedures when using the Web Portal which could have a negative effect on the operation of the Web Portal. The Web Portal can be used only in the scope not contrary to the rights of other users of the Web Portal and in accordance with its designation.
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 shall not be liable for any damage arising in connection with the use of services, use of information or download of data published on the Web Portal, i.e. for errors, omissions, interruptions, failures, delays, computer viruses, loss of profit or loss of data of the Buyer or other third parties using the Web Portal, unauthorised access to transmissions and data of these parties, as well as further tangible and intangible losses.
9.6 All and any information published on the Web Portal are presented to the best knowledge of the Seller, and the Seller shall not be liable for its completeness or technical accuracy. The Seller also waives all and any guarantees that the material presented on the Web Portal is unobjectionable.
9.7 The Seller reserves the right to restrict or terminate access at any time of the Buyer or other third party to the Web Portal.
X. Personal data protection and sending business messages
10.1 The protection of personal data of the Buyer who is a natural person is provided by Act No. 101/2000 Coll., on the Protection of Personal data, as amended. The Buyer agrees with the processing of his personal data: title, name and surname, address, identification number, registered office, tax identification number, electronic mail address, phone number (hereinafter jointly referred to as “Personal Data”).
10.2 The Buyer agrees with the processing of Personal Data by the Seller for the purpose of implementing the rights and obligations arising from the Agreement and for the purpose of sending information and business messages to the Buyer.
10.3 The Seller can authorise a third party as processor to process the Buyer’s Personal Data. Apart from transport companies, direct suppliers, entities in the Crocodile group and franchisees of the 360pizza concept, the Buyer’s Personal Data shall not be passed on to third parties without the prior consent of the Buyer.
10.4 Personal Data shall be processed for a period necessary for the purpose of their processing, but for no longer than ten (10) years, unless the Buyer withdraws his consent to the processing of Personal Data sooner. This shall not impair the obligation of the Seller and processor to process the Buyer’s Personal Data for the time specified by the relevant legislation or in connection therewith. Personal data shall be processed automatically in electronic form or not automatically in printed form.
10.5 The Buyer confirms that the Personal Data are accurate and was instructed that this involves voluntary provision of Personal Data. The Buyer declares that he was instructed that he can withdraw his consent to the processing of Personal Data in relation to the Seller by written notification delivered to the Seller’s address.
10.6 In the event that the Buyer would believe that the Seller or processor is processing his Personal Data contrary to the protection of the Buyer’s private and personal life or contrary to legislation, he can ask the Seller for an explanation and ask for the removal of the defective situation. If the Buyer’s request shall be found to be justified in accordance with this par. 10.6 of the Business Terms and Conditions, the Seller or processor shall remove the defective situation forthwith. If the Seller or processor does not comply with the request, the Buyer can apply to the Office for Personal Data Protection; the Buyer’s right to apply to the Office for Personal Data Protection shall not be directly impaired by this.
10.7 The Buyer has the right to ask the Seller or processor for information about the processing of Personal Data which shall be passed on to him without undue delay. The content of the information shall always be disclosure of (i) the purpose of processing Personal Data, (ii) Personal Data or categories of Personal Data which are the subject matter of processing, including all and any information about their sources, (iii) the nature of automatic processing in connection with their use for decision-making if acts or decisions are carried out based on this processing the content of which is intervention in the rights and justified interests of the Buyer, and (iv) recipients, or categories of recipients. The Seller has the right for the information provided under his par. 10.7 of the Business Terms and Conditions to ask for reasonable payment not exceeding the costs necessary for providing the information.
10.8 The Buyer agrees with the sending of information related to the Goods or Services of the Seller and/or the 360pizza concept to the Buyer’s E-mail Address and also agrees with the Seller sending business messages to the Buyer’s E-mail Address.
XI. Final provisions
11.1 These Business Terms and Conditions supersede all other verbal and written declarations and arrangements made between the Seller and Buyer concerning the Agreement itself whose arrangements take precedence over these Business Terms and Conditions.
11.2 The Seller may amend or supplement the wording of the Business Terms and Conditions, whereupon the current version of the Business Terms and Conditions shall always be placed on the Web Portal. This provision shall not impair the rights and obligations arising during the effective period of the previous version of the Business Terms and Conditions.
11.3 The Agreement, including the Business Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
11.4 The Seller is not bound in the relationship with the Buyer to any code of conduct in the meaning of the provision of Section 1826 (1) e) of the Civil Code. The Buyer can contact the Seller with all its complaints or the relevant supervisory body or state supervisory authority.
11.5 Supervision of observance of the obligations according to 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 at which it is possible to submit relevant initiations for investigation.
11.6 The entity for out-of-court resolution of consumer disputes between the Seller and Buyer in the meaning of Section 20d et seq. of the Consumer Protection Act is the Czech Trade Inspection Authority (http://www.coi.cz/), at which it is possible to submit a proposal for the initiation of an out-of-court resolution of a consumer dispute.
11.7 The legal relationship established by the Agreement is governed by the law of the Czech Republic.
11.8 If any of the provisions of the Business Terms and Conditions is or becomes invalid and ineffective, a provision shall replace such invalid provision whose meaning comes closest to the invalid provision. The invalidity or ineffectiveness of any provision shall not impair the validity and effect of the other provisions.
11.9 These Business Terms and Conditions come into effect on 20 September 2018.