These General Terms and Conditions (“Terms”) of BotaCoffee s.r.o., with its registered office at Antonína Procházky 23/24, 62300 Brno, Czech Republic (Company ID (IČ): 02768721; VAT Number (DIČ): CZ02768721, registered in the Commercial Register under file no. C 82435 at the Regional Court in Brno), email: info@botacoffee.eu, telephone: +420 773 229 042 (hereinafter "we" or the "Seller"), govern in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code of the Czech Republic, the mutual rights and obligations of you (the "Buyer") and us arising from or in connection with a Purchase Contract (the “Contract”) concluded through the E-shop at www.botacoffee.eu.

All information regarding the processing of Your personal data is contained in the Personal Data Processing Principles, which can be found here www.botacoffee.eu/privacy-policy. 

As this is a remote transaction, the Contract is concluded using means of distance communication that allow us to enter into an agreement without simultaneous physical presence. The Contract is concluded remotely via the interface of the e-shop at www.BotaCoffee.eu.

1. DEFINITIONS

1. Price is the monetary amount that you will pay for the Goods.

2. Shipping price is the monetary amount that you will pay for the delivery of the Goods, including packaging costs.

3. Total price is the sum of the Price and the Shipping price.

4. VAT means value added tax under the applicable law.

5. Invoice is the tax document issued in accordance with the VAT Act for the Total price.

6. Order is your binding proposal to enter into a Purchase Contract with us for the purchase of the Goods.

7. User Account is an account created based on the information you provide, allowing storage of entered data and keeping a history of ordered Goods and concluded Contracts.

8. You (the Buyer) are the person purchasing on our E-shop, referred to as the buyer under the law.

9. Goods means anything that you can purchase on the E-shop.

2. GENERAL PROVISIONS AND NOTICES

1. Purchase of Goods is only possible through the web interface of the E-shop.

2. When purchasing Goods, you are required to provide accurate and truthful information. We will consider all information provided in the Order to be accurate and truthful.

3. Our e-shop allows access to consumer reviews of Goods. We ensure the authenticity of such reviews by linking each review to a specific Order. Internally, we associate each review with a corresponding order ID, which enables us to verify that the review was submitted by an actual customer who has purchased the product. We do not publish reviews from users who have not purchased the product. We reserve the right to reject or remove reviews that contain offensive content or violate our terms of use.

3. CONCLUSION OF THE CONTRACT

1. The Contract may be concluded only in English or Czech.

2. The Contract is concluded remotely via the E-shop. You shall bear the costs of using remote communication means; however, these costs do not exceed your standard internet access charges and therefore do not constitute additional costs beyond the Total Price. By submitting an Order, you agree to the use of remote communication means.

3. To conclude the Contract, you must create an Order on the E-shop. The Order must include the following information:

   • Information about the Goods you wish to purchase (you select the Goods by clicking “Add to cart” in the E-shop);

   • Information about the Price, the Shipping price, the payment method of the Total price, and the desired method of delivery of the Goods. This information will be entered during the creation of the Order. The Price, Shipping price, and Total price will be automatically calculated based on the Goods you selected and the chosen delivery and payment methods;

   • Your identification and contact details needed to deliver the Goods, specifically your first name, last name, delivery address, telephone number, and email address.

4. During Order creation, you may change and review the information until you complete the Order. After verifying the information, you complete the Order by clicking the “Order with obligation to pay” button. By clicking this button, you confirm that you have read and agree to these Terms and Conditions. After clicking, all entered information will be sent directly to us.

5. We will confirm Your Order as soon as possible after it is delivered to Us by sending a message to Your e-mail address provided in the Order. The confirmation will include a summary of the Order and these Terms in the form of an attachment to the e-mail message. The Terms in the wording effective as of the date of the Order, i.e., in the wording attached as an attachment to the confirming e-mail message, form an integral part of the Agreement. The Agreement between Us and You is concluded upon confirmation of the Order.
   
   
6. There may also be cases where We will not be able to confirm Your Order. This mainly concerns situations where the Goods are not available or cases where You order a larger number of Goods than is permitted by Us. However, We will always provide You with information about the maximum number of Goods in advance within the E-shop, so it should not be surprising to You. If any reason arises for which We cannot confirm the Order, We will contact You and send You an offer to conclude the Agreement in a modified form compared to the Order. In such a case, the Agreement is concluded at the moment You confirm Our offer.
   
   
7. In the event that a clearly incorrect Price is stated within the E-shop or in the Order, We are not obliged to deliver the Goods to You for this Price, even if You have received confirmation of the Order and thus the Agreement has been concluded. In such a situation, We will contact You without delay and send You an offer to conclude a new Agreement in a modified form compared to the Order. The new Agreement is concluded in such a case at the moment You confirm Our offer. A clearly incorrect Price is considered, for example, a situation where the Price does not correspond to the usual price of other sellers or a digit is missing or redundant.
   
   
8. In the event that the Agreement is concluded, You are obliged to pay the Total Price.
   
   
9. If You have a User Account, You can place an Order through it. However, even in this case, You are obliged to check the correctness, truthfulness, and completeness of the pre-filled data. However, the method of creating the Order is the same as in the case of a buyer without a User Account, but the advantage is that it is not necessary to repeatedly fill in Your identification data.
   
   
10. In some cases, We allow the use of a discount for the purchase of Goods. To receive a discount, it is necessary for You to fill in the details of this discount in the designated field within the Order proposal. If You do so, the Goods will be provided to You with a discount.

4. USER ACCOUNT

1. After registering on the E-shop, you can access your User Account.

2. When registering a User Account, you must provide all requested information correctly and truthfully and update it in case of any changes.

3. Access to the User Account is secured by a username and password. You must keep these credentials confidential and not provide them to anyone. In case of any misuse of your credentials, we bear no responsibility.

4. The User Account is personal, and you are not authorized to allow third parties to use it.

5. We reserve the right to suspend or cancel your User Account, particularly if it has not been used for more than 5 years or if you breach your obligations under the Contract.

6. The User Account does not have to be continuously available, especially due to necessary maintenance of hardware or software.

5. PRICING AND PAYMENT TERMS; RETENTION OF TITLE

1. The Price is always stated on the E-shop, in the Order proposal, and in the Contract. In case of any discrepancy between the Price shown on the E-shop and the Price in the Order proposal, the Price in the Order proposal (which will be the same as in the Contract) shall apply. The Order proposal also shows the Shipping price and any conditions under which delivery is free.

2. The Total price is stated inclusive of VAT and all fees prescribed by law.

3. Payment of the Total price will be required from you after the Contract is concluded and before the Goods are handed over. You may pay the Total price by any of the following methods:

   • Bank transfer: Payment instructions will be sent to you with the Order confirmation. If paying by bank transfer, the Total price is due within one week.

   • Online credit card (ComGate) and other online payment methods: Payment is processed through the ComGate payment gateway, subject to ComGate’s terms (available at https://www.comgate.cz/en/documents). If paying by credit card or other online method, the Total price is due within one week.

   • Cash on delivery: Payment is made upon delivery of the Goods. If paying cash on delivery, the Total price is due upon taking over the Goods.

   • Cash payment on personal pickup: Cash payment is possible if collecting the Goods at our premises. If paying cash on personal pickup, the Total price is due upon taking over the Goods.

4. An invoice will be issued electronically after the Total price has been paid and will be sent to your email address. The invoice may also be physically enclosed with the Goods and will be available in the User Account.

5. Ownership of the Goods passes to you only after you have paid the Total price and have taken over the Goods. In case of payment by bank transfer, the Total price is considered paid when credited to our account; in other cases, it is considered paid at the moment the payment is made.

6. DELIVERY OF GOODS; TRANSFER OF RISK

1. The goods will be sent to you no later than one week after placing the Order, by your chosen method from the following options:

   • Delivery to the Pickup points.

   • Delivery via carrier to the address.

2. Goods can only be delivered within the selected EU countries.

3. The delivery time depends on the availability of the Goods and the chosen delivery and payment method. The estimated delivery time will be indicated in the Order confirmation. Any delivery times mentioned in these Terms are approximate and may differ from actual delivery. If personal pickup was chosen, we will inform you by email when the Goods are ready for pickup.

4. Upon receiving the Goods from the carrier, you must check the packaging for damage. If you notice any defects, you must immediately notify both the carrier and us. If the packaging shows signs of tampering or unauthorized opening, you are not obliged to accept the Goods.

5. If you fail to take delivery of the Goods without a valid reason (other than those provided in this Article), this does not relieve us of our obligation to deliver the Goods. Also, your failure to take the Goods is not considered a withdrawal from the Contract. In such case, we have the right to withdraw from the Contract due to your material breach, or to store the Goods. We are entitled to charge a storage fee of €0.50 per day. If we withdraw from the Contract, the withdrawal becomes effective on the day we notify you of the withdrawal. Withdrawal does not affect the right to claim the delivery fee or to claim compensation for damages, if any occurred.

6. If, for reasons on your side, the Goods are delivered repeatedly or in a manner different from what was agreed, you must reimburse us for the costs of the repeated delivery. We will send payment details for these costs to your email, and they will be due within 14 days of that email.

7. The risk of loss or damage to the Goods passes to you at the moment you take them over. If you do not take delivery of the Goods (except as provided in this Article), the risk passes to you at the moment you had the opportunity to take them but did not, for reasons on your side. From that moment on, you bear all consequences of any loss, destruction, damage or deterioration of the Goods.

8. If the Goods were not listed as in stock on the E-shop and an estimated availability time was provided, we will inform you if:

   • there is an extraordinary production outage of the Goods (in which case we will inform you of the new expected availability or that delivery will not be possible);

   • there is a delay in delivery of the Goods from our supplier (in which case we will inform you of the new expected delivery time).

7. RIGHTS FROM DEFECTIVE PERFORMANCE

1. We guarantee that at the time the risk of damage to the Goods passes to you (under this Article), the Goods are free of defects. In particular, the Goods must:

   • (a) correspond to the agreed description, type, quantity, quality, functionality, compatibility, interoperability and other agreed characteristics;

   • (b) be fit for the purpose you required and we agreed to;

   • (c) be delivered with the agreed accessories and instructions for use, including any assembly or installation manual (provided in printed form or online);

   • (d) be suitable for the purpose for which Goods of this kind are normally used;

   • (e) in terms of quantity, quality and other properties (including durability, functionality, compatibility and safety), correspond to the usual properties of Goods of the same kind that you can reasonably expect, taking into account any public statements made by us or others (e.g. in advertising or labeling);

   • (f) be delivered with accessories, including packaging and assembly instructions and other usage instructions that you can reasonably expect; and

   • (g) correspond in quality or performance to any sample or prototype that was provided to you before concluding the Contract.

2. The rights and obligations regarding rights from defective performance are governed by the relevant generally binding legal regulations (especially the provisions of Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code of the Czech Republic and Act No. 634/1992 Coll., on consumer protection of the Czech Republic, as amended).

3. If the Goods have a defect, especially if any of the conditions under Article are not met, You can notify Us of such a defect and exercise the rights from defective performance (i.e., make a claim for the Goods) by sending an e-mail or letter to Our addresses listed in Our identification details, or in person at the company's registered office address, or by any other common means of communication. You can also use the model form provided by Us for the claim, which forms Annex No. 1 of the Terms. When exercising the right from defective performance, it is necessary to choose how You want the defect to be resolved, and You cannot subsequently change this choice without Our consent. We will handle the claim in accordance with Your exercised right from defective performance

4. If the Goods have a defect, You have the following rights:

   • (a) to have the defect removed by the delivery of new Goods without defect, or by the delivery of the missing part of the Goods; or
   • (b) to have the defect removed by repairing the Goods,
     
     unless the chosen method of defect removal is impossible or disproportionately costly compared to the other method, which shall be assessed in particular with regard to the significance of the defect, the value the Goods would have without the defect, and whether the defect can be removed by the other method without significant difficulties for You.
     
     
5. We are entitled to refuse to remove a defect if it is impossible or disproportionately costly, especially with regard to the significance of the defect and the value the Goods would have without the defect.
   
   

6. Furthermore, You have the right to:
   

   • (a) a reasonable discount from the Price; or
   • (b) withdrawal from the Agreement,
     if:
     
     
   • We refuse to remove the defect or do not remove it in accordance with legal regulations;  
   • the defect manifests repeatedly;
   • the defect constitutes a material breach of the Agreement; or
   • it is clear from Our statement or from the circumstances that the defect will not be removed within a reasonable time or without significant difficulties for You.
     
     
7. The right to withdraw from the Agreement does not apply if the defect in the Goods is insignificant.
   
   
8. If You caused the defect in the Goods Yourself, You are not entitled to the rights from defective performance.
   
   
9. A defect in the Goods is not wear and tear of the Goods caused by their normal use or, in the case of used Goods, wear and tear corresponding to the extent of their previous use.
   

10. When You make a claim, We will issue You a written confirmation stating:

    • the date You made the claim;
    • what the content of the claim is;
    • what method of handling the claim You require;
    • Your contact details for the purpose of providing information about the handling of the claim.
    
    
11. Unless We agree on a longer period, We will remedy the defects within 30 days of receipt of the claim and provide You with information about the handling of the claim to the contact details provided. If this period expires without result, You may withdraw from the Agreement or demand a reasonable discount.
    
    
12. We will inform You about the handling of the claim by e-mail and will issue You a confirmation of the date and method of handling the claim. If the claim is justified, You are entitled to reimbursement of reasonably incurred costs. You are obliged to prove these costs, e.g., with receipts or confirmations of the delivery price. If the defect is remedied by the delivery of new Goods, it is Your obligation to return the original Goods to Us, but We will bear the costs of this return.
    
    
13. If You are an entrepreneur, it is Your obligation to notify and point out the defect without undue delay after You could have discovered it, but no later than three days after receipt of the Goods.
    
    
14. If You are a consumer, You have the right to exercise the rights from defective performance for a defect that occurs in consumer Goods within 24 months of receipt of the Goods.

8. WITHDRAWAL FROM THE CONTRACT

1. Withdrawal from the Contract (termination of the contractual relationship between you and us from its inception) may occur for the reasons and in the manner set out in this Article and in other provisions of these Terms where withdrawal is expressly provided.

2.  If you are a consumer (a person purchasing Goods outside your business activity), you have, under Section 1829 of the Civil Code of the Czech Republic, the right to withdraw from the Contract without giving any reason within 14 days from the conclusion of the Contract, or for goods within 14 days from taking delivery of the Goods. If the Contract covers several pieces or batches of Goods, this period begins from delivery of the last piece or batch. If the Contract provides for repeated deliveries, the period begins on delivery of the first batch.

3. You may withdraw from the Contract by any provable means (in particular by sending an email or letter to our addresses given in our contact details). You may also use the sample withdrawal form provided by us (Annex 2 of these Terms).

4. You do not have the right to withdraw from the Contract in cases where the subject matter of the Contract falls under the exceptions listed in Section 1837 of the Civil Code of the Czech Republic (for example, goods made to your specifications or clearly personalized, perishable goods, or sealed goods that are not suitable for return for health or hygiene reasons once unsealed).

5. The withdrawal period is considered observed if you send us a notice of withdrawal during the 14-day period.

6. In the event of withdrawal from the Contract in accordance with the Terms and Conditions, you are obliged to return the Goods to us within 14 days of the withdrawal. You are responsible for the costs associated with returning the Goods to us.
   You are entitled to a refund of the delivery charges originally paid for shipping the Goods to you, but only up to the amount corresponding to the least expensive delivery method we offered at the time of your order.
   If you withdraw from the Contract due to our breach of its terms, we will also reimburse you for the cost of returning the Goods to us, but again only up to the amount corresponding to the least expensive delivery method we offered.

7. If we withdraw from the Contract, we will return the Price to you within 14 days of the withdrawal becoming effective, to the account from which it was paid or to another account you have specified. However, we will not refund the amount before we receive the Goods back or until you provide proof of their return. Please return the Goods to us clean, ideally in the original packaging.

8. If you withdraw from the Contract under this Article 8, you are liable for any diminution in the value of the Goods resulting from handling them in a way that goes beyond what is necessary to ascertain their nature, characteristics and functionality (i.e. beyond how you would examine the Goods in a store). If we have not yet refunded the Price, we have the right to set off this claim against our obligation to refund the Price.

9. We are entitled to withdraw from the Contract at any time before delivering the Goods if objective reasons arise that make delivery impossible (especially reasons on the part of third parties or inherent to the nature of the Goods), even before the expiration of the withdrawal period. We may also withdraw if it becomes clear that you intentionally provided incorrect information in the Order. If you purchase the Goods in the course of your business activity (as an entrepreneur), we are entitled to withdraw from the Contract at any time, even without giving a reason.

9. DISPUTE RESOLUTION WITH CONSUMERS

1. We are not bound by any codes of conduct towards Buyers in the sense of Section 1826(1)(e) of the Civil Code of the Czech Republic.

2. We process consumer complaints via our email address info@botacoffee.eu. We will send information about the complaint resolution to the buyer’s email address.

3. For out-of-court resolution of consumer disputes arising from the Contract, the Czech Trade Inspection Authority (Česká obchodní inspekce; Štěpánská 15, 120 00 Prague 2; website: https://coi.gov.cz/en/) is competent. The online dispute resolution platform (ODR) at http://ec.europa.eu/consumers/odr can be used to resolve disputes between a seller and a consumer under a contract concluded by electronic means.

4. The European Consumer Centre (Czech Republic) at Štěpánská 15, 120 00 Prague 2 (website: https://evropskyspotrebitel.gov.cz/en/) is the contact point under EU Regulation No. 524/2013 on online dispute resolution for consumer disputes.

10. FINAL PROVISIONS

1. These Terms apply to customers worldwide. The Seller is established in the Czech Republic. If our legal relationship involves an international element (for example, if we deliver Goods outside the Czech Republic), the relationship shall be governed by the laws of the Czech Republic. However, if you are a consumer, this choice of law does not affect your rights under the mandatory provisions of the consumer protection laws of your country of residence.

2. All written correspondence with you will be sent by email. Our email address is given above. We will send correspondence to the email address you provided in the Contract, in your User Account, or the one you used to contact us.

3. The Contract may only be amended by our written agreement. We are, however, entitled to change or supplement these Terms; any such change will not affect Contracts already concluded, but only Contracts concluded after the change takes effect.

4. In case of force majeure or unforeseeable events (natural disasters, pandemics, operational failures, supplier outages, etc.), we are not liable for any damage caused by or related to such events. If a force majeure event lasts longer than 10 days, both we and you have the right to withdraw from the Contract.

5. Annexed to the Terms are a sample complaint form and a sample withdrawal form.

6. The Contract, including the Terms, is archived by us in electronic form and is not directly accessible to you. However, you will receive the Terms and the Order confirmation (including the Order summary) by email, so you will always have access to them. We recommend saving the Order confirmation and the Terms.

7. These Terms are effective from 1 June 2025.