General terms and conditions
General terms and conditions of the kabayanpinoy.com portal registered and operated by Kabayan Pinoy sro, Company ID: 09875778 with its registered office at Vojtěšská 211/6, Nové Město (Prague 1), 110 00 Prague, Czech Republic, doing business under the Trade Licensing Act, registered in the Commercial Register, file number C 343921/MSPH registered at the Municipal Court in Prague (hereinafter referred to as the "Seller") for the purchase of goods on the kabayanpinoy.com internet portal (hereinafter referred to as the "GTC").
The buyer agrees to these terms and conditions in effect at the time of sending his order and is bound by them from the time of concluding the purchase contract. The general terms and conditions are an integral part of the concluded contract.
I. Introductory provisions
1.1. These Seller's GTC mainly regulate the mutual rights and obligations of the contracting parties arising in connection with or on the basis of an agreement for the use of services and/or the purchase of goods on the kabayanpinoy.com portal (hereinafter referred to as the "Agreement") concluded between the Seller and the Buyer who intends to purchase goods and/or services (hereinafter referred to as the "Goods") offered on the aforementioned Internet portal from the Seller through the kabayanpinoy.com portal.
1.2. These GTC are intended exclusively for the purchase of goods by the Buyer (final consumer) for the purpose of direct consumption.
1.3. The provisions of these GTC are an integral part of the Contract. The Contract is drawn up in Czech or English and the GTC are drawn up in Czech. After the conclusion of the Contract between the Buyer and the Seller, the Contract will remain stored with the Seller and is not accessible to the Buyer. After its conclusion, it is archived by the Seller.
1.4. The Seller may unilaterally change or supplement the wording of the GTC. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the GTC. The Seller informs the Buyer about the change in the GTC on the internet portal kabayanpinoy.com, or in another appropriate manner, so that the Buyer can familiarize himself with the current wording of the GTC without undue difficulty.
II. Conclusion of the Contract between the Seller and the Buyer
2.1. Order
a) The order can be placed online using the shopping cart. This form is binding.
b) By ordering goods, the buyer agrees to the seller's GTC.
c) The Buyer is obliged to provide the Seller with the information necessary for the successful completion of the order.
d) The purchase contract is concluded at the moment of confirmation of the buyer's order by the seller.
e) The ordered goods become the property of the buyer only after full payment of the price and receipt of the goods.
2.2. The seller promotes goods on the internet portal kabayanpinoy.com, including the value of the goods offered. The prices of the goods offered are stated including value added tax in Czech crowns or euros, depending on the selected currency.
2.3. The possibility of concluding a Contract for the Seller's goods under preferential conditions and the stated price (in the case of loyalty and other promotions) remains valid for the period specified on the kabayanpinoy.com website and provided that the conditions specified in the specific offer on the website are met.
2.4. Goods and/or services ordered by the Buyer on the internet portal kabayanpinoy.com 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 GTC.
2.4. The Buyer is aware of the following obligations towards the Seller and therefore guarantees the following:
a) is fully capable of legal capacity, particularly with regard to his/her age, or is represented by a legal representative,
b) if he is under 18 years of age, he will not order on the internet portal kabayanpinoy.com such goods and/or services for which the minimum age requirement for use is 18 years,
c) the buyer undertakes to pay for and take over the goods
d) all information provided by the seller is true, complete, accurate and correct,
e) by paying the price for the Purchase, he/she does not circumvent or violate the rights of third parties and is entitled to use the financial resources used to pay for the Purchase,
f) has thoroughly read these GTC before starting to use the kabayanpinoy.com website, understands them and agrees with them,
g) does not purchase goods on the kabayanpinoy.com website as a business person or for a business person, nor will it resell them to third parties.
2.5. To conclude the Contract, the Buyer selects the required quantity of goods and the address to which the Purchase will be delivered, and if necessary, provides information important for the delivery of the ordered goods (hereinafter referred to as the "Order"). The purchase price of the goods in the Order is at least 250 CZK (including VAT) and excluding the shipping fee pursuant to Article 6, paragraph 6.5 of these GTC.
2.6. Before sending the Order, the Buyer is allowed to check and change the data entered in the Order. The Buyer sends the Order by clicking on the "Confirm order" button. The data specified in the Order are considered correct by sending it.
2.7. The Seller is always entitled, depending on the nature of the Buyer's Order, to request additional confirmation of the Order (for example, in writing or by telephone).
2.8. The purchase contract between the Seller and the Buyer is formed upon completion of the order by the Buyer. The Seller shall immediately upon receipt of the Order confirm to the Buyer that it has received the Order, to the e-mail address specified by the Buyer in the Order.
2.9. The Buyer agrees to the use of distance communication means when concluding the Contract. The Buyer shall bear the costs incurred by the Buyer when using distance communication means in connection with concluding the Contract (internet connection costs, telephone call costs, etc.).
III. Order Change and Cancellation
3.1. The Order is binding for the Buyer from the moment of its completion by the internet portal kabayanpinoy.com, its change is possible only if the Seller contacts the Buyer by phone or email stating that the ordered goods are no longer in stock. Cancellation or change of the Order can be made by phone or email. The Seller's contacts are listed on the order confirmation. The Order can be canceled no later than 8:00 p.m. on the day preceding the day of delivery of the goods. On the day of delivery, the Buyer can change (and only with the express consent of the Seller) only the delivery time. From the moment the goods have already been shipped to the Buyer, it is not possible to cancel the Order or change the address or time of delivery.
3.2. In both the change and cancellation of the Order, the Buyer is obliged to provide the Order number, the Order date and the account number for the refund of the Purchase price.
3.3. In the event of cancellation of the Order as stated above, the already paid Purchase deposit will be transferred to the Buyer's account specified in the cancellation of the Order (if the cancellation does not contain such information, then to the account from which the payment for the Purchase price was made) and if the Seller has already shipped the goods, the Buyer is obliged to pay a cancellation fee in the amount of the purchase price of the goods from the Order, for the payment of which the Seller is entitled to offset the corresponding part of the Purchase price.
IV. Security
4.1. During registration, the Buyer is asked to create a password for his/her customer account. The Buyer is obliged to keep this password secret and not share it with other persons. The Buyer bears full responsibility for all actions taken from his/her account.
4.2. The Buyer is obliged to inform the Seller without undue delay if he has any suspicion of misuse or disclosure of his password to a third party. In the event of justified concern that the Service is being or may be misused, the Seller is entitled to block the Buyer's account or ask him to change his password. The Seller is not liable to the Buyer for any damages incurred as a result of the disclosure or misuse of his password.
V. Withdrawal from the Contract and complaints about goods
5.1. Complaints about goods. The Buyer is obliged to check the delivered goods from the Order immediately after receipt and immediately complain about any defects found to the Seller. If the goods (especially food) show defects when handed over to the Buyer, as a result of which it will not be possible to use them for their intended purpose (for obvious reasons, e.g. the expiration date has passed or the goods are otherwise clearly unfit for heat treatment or consumption or for the intended purpose of use), the Buyer shall immediately return the goods to the relevant person who handed them over to him on behalf of the Seller. The Buyer agrees that, given the nature of the goods, the fact that he did not complain about obvious defects in the goods when they were handed over (e.g. food or damage to the protective packaging) may not be taken into account.
5.2. Withdrawal from the Contract. In accordance with the provisions of Section 1829 of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the “Civil Code”), the Buyer has the right to withdraw from the Contract within 14 days of receipt of the goods. In the event of withdrawal from the Contract, the Buyer is obliged to immediately hand over the goods to the person who handed them over to him on behalf of the Seller and, if this is not possible, he is obliged to notify the Seller of the withdrawal from the Contract by telephone or via the internet portal kabayanpinoy.com, identify the goods and the defect and then agree by telephone or e-mail to resolve the relevant complaint (withdrawal from the contract). In the event of withdrawal from the contract, the Buyer bears the costs associated with returning the goods if the goods cannot be returned by regular mail due to their nature.
5.3. If the Buyer withdraws from the contract, the Seller shall return to the Buyer without undue delay, no later than fourteen days from the withdrawal from the contract, all funds, including delivery costs, received from the Buyer under the contract, in the same manner. The Seller shall return to the Consumer the funds received in another manner only if the Buyer has agreed to this and if this does not incur additional costs. If the Buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller shall return to the Buyer the costs of delivery of the goods in an amount corresponding to the cheapest method of delivery offered. The Seller shall reimburse the Buyer for the costs associated with returning the goods, if it has not notified the Buyer of the obligation to bear these costs in accordance with the provisions of Section 1820(1)(g). If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the funds received to the Buyer before the Buyer hands over the goods to him or proves that he has sent the goods to the Seller.
5.4. The buyer is responsible for any reduction in the value of the goods resulting from handling the goods in a manner other than that which is necessary given their nature and characteristics.
5.5. In accordance with the provisions of Section 1837 letter e), g) of the Civil Code, withdrawal from the Contract is not possible for perishable goods (food) (e.g. fruit, vegetables or food of animal origin), or for goods (e.g. food) that cannot be reused for hygiene reasons or for already used goods (e.g. if the Buyer damages the protective packaging of the goods or breaks the safety seal or if other contamination of the goods (e.g. food) may occur. With regard to compliance with hygiene standards and these GTC, the Buyer agrees that the Seller is entitled to refuse withdrawal from the Contract in the event of any suspicion of their violation by the Buyer and to send the returned goods back to the Buyer at the Buyer's expense and if this is not possible (e.g. for hygiene reasons or due to damage to the protective packaging), the Seller is entitled to immediately dispose of the goods.
VI. Purchase Price and Payment Terms
6.1. The Buyer acknowledges that the final price of the order is stated after rounding to whole crowns in accordance with the relevant legal regulations. A detailed breakdown of the purchase price is always stated on the delivery note and on the tax document.
6.2. The Buyer shall pay the price of the Goods and any other costs under the Contract in one of the following ways:
a) by bank transfer to the Seller's account specified in the proforma invoice sent by the Seller within 24 hours after receiving the order.
b) in cash to the courier upon receipt of the Goods
If the Buyer has chosen cash payment to the courier upon receipt of the Goods as the payment method, the price is payable upon delivery of the Goods from the Order. The price of the Goods is considered paid at the moment of delivery of the relevant amount to the Courier upon receipt of the delivered Goods.
6.3. Prices of Goods listed on kabayanpinoy.com are listed including VAT.
6.4. Once the Buyer has paid for the goods offered on the kabayanpinoy.com portal, the Seller will deliver to the Buyer, together with the order, a receipt issued in accordance with the Sales Records Act, which will be available with the relevant order.
According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in the event of a technical failure, no later than within 48 hours.
The Seller shall issue the Buyer a tax document without undue delay after the price of the Goods has been paid in one of the above-described ways and the Goods have been delivered, to the Buyer's email address or it will be available for download on his profile on the kabayanpinoy.com Portal.
6.5. When ordering Goods by weight, the Seller reserves the right to deliver the Goods with a weight deviation, but will make every effort to ensure that the deviation is as low as possible in relation to the required weight of the Order. Any overpayment due to a lower weight is returned to the Buyer to the bank account from which the price of the Goods from the Order was paid. In the case of a higher weight, the Buyer shall pay the resulting underpayment.
6.6. In the event that the Buyer orders a certain number of pieces of Goods (e.g. piece fruit), for which the price on the Portal kabayanpinoy.com is otherwise determined by its weight, the Seller will deliver the requested number of pieces of Goods. The price of the Goods will then be determined by its weight, regardless of its quantity, and any overpayment will be returned to the Buyer to the bank account from which the price was paid; in the event of an underpayment, the Buyer will pay the missing amount.
VII. Liability and guarantees
7.1. The Seller is liable to the Buyer for defects in the goods to the extent stipulated by generally binding legal regulations. The Seller is thus liable to the Buyer that the goods are free from defects upon acceptance.
7.2. The Seller is not liable for any damage or any other consequences incurred by the Buyer based on or in connection with the Buyer's actions or circumstances on the Buyer's part.
7.3. The Seller is not liable for damages caused by force majeure, nor for outages of the kabayanpinoy.com Portal caused by interruptions in the electricity supply.
7.4. The availability of goods is subject to stock and the Seller does not guarantee the availability of goods. If the Order cannot be processed for any reason on the Seller's part, the Buyer will be informed via the Seller's customer service line or via the e-mail that the Buyer specifies in the Order as a contact.
VIII. Alcoholic beverages and drugstore goods
8.1. Alcoholic beverages may only be sold to persons over 18 years of age; their sale to younger persons is prohibited. If it is not possible to reliably verify that the Buyer is over 18 years of age, the goods will not be delivered and the Seller is entitled to withdraw from the Contract.
8.2. The Seller reserves the right to introduce restrictions, similar to the sale of alcoholic beverages, on selected drugstore goods (e.g. household cleaning products or pest control products, or flammable, volatile or irritating substances or otherwise dangerous or harmful to health) or any other goods of a similar nature.
IX. Protection of intellectual property rights, misuse of the service, availability of the service, other rights and obligations of the contracting parties
9.1. The Buyer acknowledges that the content of the kabayanpinoy.com Portal (including photographs of the advertised Goods) is protected by copyright, in particular by Act No. 121/2000 Coll., the Copyright Act, as amended. The Buyer undertakes to use the kabayanpinoy.com Portal exclusively for his own needs and not to perform any activity that could allow him or third parties to unlawfully interfere with or unlawfully use (e.g. store, modify, distribute) the content of the kabayanpinoy.com Portal.
9.2. Access to and use of the kabayanpinoy.com Portal by the Buyer in accordance with the GTC is free of charge.
9.3. The Buyer is not authorized to use the kabayanpinoy.com Portal in a manner that could have a negative impact on the operation of the kabayanpinoy.com Portal. The kabayanpinoy.com Portal may only be used to the extent that it does not conflict with the rights of other Buyers of the Seller, and solely in accordance with the purpose of the kabayanpinoy.com Portal.
9.4. The Buyer uses the kabayanpinoy.com Portal at his own risk and agrees that the photographs of the Goods on the kabayanpinoy.com Portal are for illustrative purposes only.
9.5. The Seller is not liable for any damages incurred in connection with the use of services, use of information or downloading of data published on the kabayanpinoy.com Portal, i.e. for errors, omissions, interruptions, malfunctions, delays, computer viruses, or loss of data of the Buyer or other third parties using the kabayanpinoy.com Portal, nor for other material and immaterial losses.
9.6. The Seller reserves the right to limit or terminate the Buyer's or any other third party's access to the kabayanpinoy.com Portal at any time.
9.7. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of the provisions of Section 1826, paragraph 1, letter e) of Act No. 89/2012 Coll. of the Civil Code.
X. Protection of personal data and consent to processing
10.1. You can read about what personal data we process about you, for how long, under what circumstances we may send you commercial communications and other necessary information about the protection of your personal data in our Privacy Policy and GDPR section.
XI. Delivery and acceptance
11.1. Unless otherwise agreed, all correspondence related to the Contract must be delivered to the other party in writing, by e-mail, or in person or by registered mail through a postal service provider. It is delivered to the Buyer at the e-mail address specified in the Order.
11.2. In the case of delivery by electronic mail, the message is considered delivered at the moment of receipt on the incoming mail server. A message delivered in person or through a postal service operator is considered received upon receipt of the shipment by the addressee, or upon refusal of receipt of the shipment by the addressee. In the case of delivery through a postal service operator, the shipment is also considered delivered upon the expiry of a period of ten (10) days from the deposit of the shipment and the issuance of a call to the addressee to accept the deposited shipment, if the shipment is deposited with the postal service operator, even if the addressee did not learn about the deposit.
XII. Final provisions
12.1. If the relationship related to the use of the internet portal kabayanpinoy.com or the legal relationship established by the Contract contains an international (foreign) element, then the parties agree that the relationship is governed by the legal system of the Czech Republic. This does not affect the rights of the Buyer (consumer) arising from generally binding legal regulations. In the event of a legal dispute between the Buyer and the Seller, the court with local jurisdiction is the court at the registered office of the Seller.
12.2. In the event of a dispute between the Buyer and the Seller, the Buyer may also use the option of out-of-court dispute resolution. In such a case, the Buyer may contact the out-of-court dispute resolution body, which is the Czech Trade Inspection Authority (www.coi.cz) and proceed according to the rules set out there. More information about out-of-court dispute resolution can be found on the website of the Czech Trade Inspection Authority. The dispute may also be resolved online via a dedicated platform available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=CS
12.3. The Seller is authorized to operate the activity on the basis of a trade license and the activity is not subject to any other permit. The trade license inspection is carried out by the trade license office within its scope of competence.
12.4. If any of the provisions of the GTC is or becomes invalid or ineffective, such invalid provisions shall be replaced by a provision whose meaning comes 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.
XIII. Customer Support Contact Details:
Internet portal/e-shop – kabayanpinoy.com
Any questions, suggestions, comments or complaints can be addressed to info@kabayanpinoy.com. If they cannot be resolved, you can contact state supervisory authorities and the court.
These General Terms and Conditions come into effect on November 1, 2024.