Terms & Conditions (Customer)

Domov Terms & Conditions (Customer)

By using the service of Vzajemne.cz (“Portal”), you agree to be bound by these User Terms of Service (“Terms of Service”).

Read the following Terms of Service carefully before using the Portal. If you do not agree with the Terms of Service, please do not use the Portal. These Terms of Service apply to any use of the Portal and to the Purchase Agreements made hereunder.

  1. Definitions
    • Vendor is the partner offering its services, who entered into an agreement with the Company and who offers its products and/or services through the Portal.
    • Courier is the partner of Company who offers delivery services.
    • Purchase Agreement is an agreement for the purchase of Vendor’s products and possible delivery services made on an Order.
    • Company is Purple P2P s.r.o., reg. no: 09110127, company registered at the Regional court in Brno, file no. C 117301, with its registered seat at Masarykova 409/26, Brno-město, 602 00 Brno.
    • App means a digital application provided by the Company for natural and legal persons to order products from Vendors.
    • Portal is the App and vzajemne.cz website.
    • Customer is You, as a person using the Portal to purchase products or services from Vendors.
    • Terms of Service are these terms and conditions and Privacy policy herein: (link).
    • Use of Portal Agreement is an agreement between the Company and the Customer, which enters into effect at Registration. Use of Portal Agreement is concluded for an indefinite period, to the time of termination of User Account.

 

  1. Description of Portal services
    • The Company provides a platform on which the Customer can purchase products and delivery services of his/her choice.
    • The Company provides customer satisfaction-based rating system for each of the Vendors. Customer is thereby informed about the Vendor rating and as such accepts it.
    • The Vendors provide the information about their products offered on the Portal, including information on availability and prices. The sale and purchase of the Vendor’s products may be subject to additional terms and conditions of the Vendor as set out in the Portal.
    • Upon Customer’s selection of the product he/she wishes to purchase from the Vendor, the Customer makes a binding order to purchase the products and services from the Vendor on the terms and conditions presented to the Customer in the Portal before placing the order (“Order”).
    • After having received the Order, the Company will transmit the details of the Order to the Vendor. When the Order is accepted by the Vendor and the Company has provided the User with an order confirmation on behalf of the Vendor, the Customer and the Vendor enter into the Purchase Agreement. The Company will provide the Customer with a receipt on behalf of the Vendor.
    • The Company shall store and held, for time necessary, information regarding the transaction and purchase history between the Customer and Vendor for exercise of rights arising out of the Purchase Agreement. The Customer has access to such information through Portal.
    • The Vendor selected by the Customer will prepare (and deliver, if delivery services have been ordered) the products set out on the Order.
    • The Purchase Agreement comes into effect and becomes legally binding in the moment of acceptance of the Order, made through the Portal, by the Vendor. Customer is entitled to cancel his/hers Order before such order is accepted by the Vendor.
    • The Vendor is entitled to no accept any Order it wishes without any cause.

 

  1. Use of Portal
    • Access to and use of the Portal is free of charge. However, the Customer bears the costs incurred in connection with his/hers access and use of the Portal (ie the cost of Internet connection, etc.).
    • The Company is not, and shall not be deemed to be, a party to the Purchase Agreement between the Customer and the Vendor. The Company shall not be liable for the fulfillment of obligations under the Purchase Agreement, nor shall it be liable for any damage incurred by the Customer on the basis of or in connection with the Purchase Agreement.
    • The Company is not responsible for the completeness, accuracy, and truthfulness of the materials published on the Portal or for any unfair competition of the Vendor through the Portal or violation of personal rights or copyright. The Company is not liable for damages incurred in connection with the use of information published on the Portal.
    • The Company does not guarantee uninterrupted access to the Portal, nor the safety and security of the Portal. The Company is not liable for damage caused by the Customer in the course of access and use of the Portal, including any damage caused by downloading data published on the Portal, damage caused by interruption, Portal failure, computer viruses, damage due to data loss of data, profit, unauthorized access to transmissions and Customer data.
    • Some links on the Portal may redirect the Customer to third party websites. The company is not responsible for the content of these sites.
    • The Company reserves the right to restrict or terminate the Customer’s access to the Portal at any time.
    • The Customer is solely liable for any damage caused by the Customer’s unauthorized intervention in the Portal or the system that carries out the transfer from the Portal to third parties.

 

  1. Customer Account
    • The Customer has a limited, non-exclusive, non-transferable, and non-sublicensable right to use the Portal in the form offered to him/her by solely for the purposes set out herein.
    • Natural person shall become the Customer upon providing information to the Company and confirming of email address via activation code sent by the Company (“Registration”). Scope of information shall be (1) name and surname, (2) address, (3) phone number, (4) email address.
    • By Registration, Customer enters into legally binding Use of Portal Agreement with the Company.
    • In the case of using third party solution to register to the Portal, the Customer gives consent to the Company to use the data provided by the third party to fill in the necessary information.
    • The customer is obliged to keep all information up to date.
    • The Customer shall ensure that login data to the Customer Account and similar information necessary for access to the Customer Account will be treated as confidential information and be used in a secure manner so they cannot be accessed by a third party.
    • The Customer may only have one personal account.

 

  1. Credit
    • In the event of withdrawal from the Purchase Agreement, the Company reserves the right to credit the Customer with a virtual credit (“Credit”) in the amount of the price of the Order. Such credit is a unilateral legal action of the Company. 1 point corresponds to CZK 1.
    • The Customer may use the Credit to partially or fully pay the purchase price for the Order.

 

  1. Price and Payment of the Order
    • Price of the Order equals to the sum of the price advertised by the Vendor for selected product(s) in the Portal and the price of delivery. The price of delivery is based on the distance between the Vendor and the Customer, whereas the distance is the closest possible transport route between the Vendor’s premises and the place confirmed by the Customer when placing the Order. The price for each 1 km of the distance if CZK 6, whereas the price for delivery cannot be lower than CZK 50.
    • The Order is paid by the Customer through payment gateway at the time of the Order, and the funds for the Order are blocked on the Customer’s account until the acceptance of the Order by the Vendor. In the case the Vendor rejects the Order, the funds on the Customer’s account are unblocked.

 

  1. Delivery
    • The Order is delivered to the location confirmed by the Customer in the Portal. The Customer must provide a street address for the confirmed location in the Portal. If not provided otherwise, it is deemed that delivery address is the address provided in Registration.
    • The Customer must be available to receive calls at the phone number the Customer has submitted in the Registration. If the phone number provided cannot be reached, the delivery may be cancelled by the Company or the Courier and the Customer may be charged for the full price of the Order.
    • It the case of Customer unavailability on the phone number, the Courier is obliged to try at least three times to reach the Customer, each with at least 3 minutes time interval.
    • The Customer may place an Order to be delivered as soon as possible (standard delivery method) or by pre-ordering a certain delivery time.
    • Certain delivery time: The Customer must be present at the confirmed place at least ten minutes before the specified delivery time until the moment of delivery, and be available at the telephone number provided during Registration to receive the Order.
    • While placing the Order, the Vendor, via the Portal, indicates the approximate time of delivery to the Customer. Upon acceptance of the Order by the Vendor, the estimated time of delivery of the Order to the Customer will be displayed.
    • The Customer hereby agrees that the stated delivery time is only of an indicative nature and is obliged to become acquainted with all changes to the delivery time as they are available on the Portal in the period between the Order and delivery. Delivery time can be affected by various factors such as traffic jams, rush hour traffic and weather conditions.
    • Vendor’s obligation under the Purchase Agreement is fulfilled by Customer’s acceptance of the delivered Order (“Delivery”).

 

  1. Intellectual Property Rights
    • All Intellectual Property Rights in or related to the Portal and thereto related documentation and all parts and copies thereof shall remain exclusively vested with and be the sole and exclusive property of the Company and/or its subcontractors/licensors.
    • “Intellectual Property Rights” shall mean copyrights and related rights (including database and catalogue rights and photography rights), patents, utility models, design rights, trademarks, tradenames, trade secrets, know-how and any other form of registered or unregistered intellectual property rights.
    • The content of the Portal may not be stored, modified, distributed or may not be exercised other property rights, unless the Company has given its prior consent to such conduct.

 

  1. Rights and Obligations of the Customer
    • The Customer declares and guarantees to the Company that:
      • has legal capacity, in particular with regard to age, or is represented by legal representative,
      • all information provided to the Company is true and, complete,
      • before using the Portal, he/she has thoroughly acquainted himself/herself with these Terms of Service, that he/she fully understands these terms and agrees with them,
      • will procure and use no more than one account on the Portal.
    • In the event of a reasonable suspicion that the Customer has created and uses multiple user accounts, the Company reserves the right to block and delete such accounts.
    • The Customer is obliged to comply with legal regulations while using the Portal and is also obliged to always respect the rights of the Company and third parties, especially regarding to copyrighted material and other intellectual property rights. In particular, the customer may not:
      • use the Portal in violation of these Terms of Service,
      • commercially use any part of the Portal in a manner capable of damaging the Company and/or the Vendor,
      • obtain login names and/or passwords of other Customers,
      • misuse, block, modify or otherwise alter any part of the Portal, or even attempt to disrupt the stability, operation or data of the Portal,
      • use mechanisms, software or other procedures that could adversely affect the operation of the Portal. The Portal may be used only to the extent that is not to the detriment of the rights of other Customers or the Company and which is in accordance with its purpose.
  1. Complaint
    • The Customer acknowledges that the Portal may be interrupted or permanently terminated at any time. The Portal may also be temporarily suspended. Although the Company makes reasonable efforts to provide the Portal (containing new and/or temporary services such as contactless delivery, or delivery of new product types and categories) faultlessly, the Company makes no warranties as to the reliability, timeliness, quality and sustainability of the Portal or products. provided through it, nor in the matter of continuous and faultless operation of the Portal. The Company does not guarantee nor warrant any obligations that are not explicitly stated in these Term
    • The rights and obligations between the Vendor and the Customer regarding the rights arising from faulty performance are governed by the relevant legal regulations (especially the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of Act No. 89/2012 Coll., Civil Code and Act No. 634/1992 Coll., On consumer protection, as amended).
    • The Customer in the position of the consumer is entitled to exercise his/hers right arising out of Purchase Agreement performance by the vendor (generally at the Vendors premises), taking into account the fact that the Purchase Agreement may concluded for the purchase of usable goods (ie food and beverages), which is subject to rapid destruction.
    • The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, reg. no.: 000 20 869, http://www.coi.cz, is responsible for the out-of-court settlement of consumer disputes between the Vendor and the Customer.
    • The Vendor is solely responsible for all defects of the Order and other deficiencies in the performance of the Purchase Agreement.

 

  1. Governing law and Forum
    • All legal relationships arising on the basis of or in connection with the Portal are governed by the laws of the Czech Republic, regardless of the place from which the access and use of the Portal was carried out.
    • The Customer acknowledges that none of the activities of the Vendor(s) or the Portal is targeted at the Customer outside the territory of the Czech Republic, neither actively nor passively.
    • Any dispute arising out of the Use of Portal Agreement shall be settled by the courts of the Czech Republic.

 

  1. Final provisions
    • If any of the provisions of these Terms of Service is or becomes invalid or ineffective, such invalid or ineffective provision will be replaced by a provision whose meaning is as close as possible to the relevant invalid or ineffective provision. The invalidity or ineffectiveness of any provision shall not affect the validity and effectiveness of the other provisions.
    • These Terms of Service are subject to change.
    • The Company publishes amended version of the Terms of Service on its website and informs the Customers about their change via the Portal or by e-mail sent to the e-mail address that the Customer enters during the Registration. If the User does not agree with the change of the Terms of Service, he/she will stop using the Portal.
    • This Terms of Service takes effect on (*)