Terms and Conditions of the Pralinqa.cz Online Store

I. Basic Provisions

1. These General Terms and Conditions (hereinafter the “Terms and Conditions”) are issued pursuant to § 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter the “Civil Code”).

• Company name: Q - Burger bar s.r.o.

• Company ID No.: 03520668, VAT ID No.: CZ03520668

• Registered office: Horní náměstí 847/11, 466 01 Jablonec nad Nisou

• Registered in the Commercial Register maintained by the Regional Court in Ústí nad Labem, Section C, Insert 34801

• Contact person: Aleš Kuncl

• Email: kuncl@pralinqa.cz

• Phone: +420 777 447 127

• Website: https://www.pralinqa.cz

(hereinafter the “Seller”)

2. These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who concludes a purchase contract outside their business activity as a consumer or within their business activity (hereinafter the “Buyer”) through the online interface located on the website available at the internet address www.pralinqa.cz (hereinafter the “Online Store”).

3. The provisions of the Terms and Conditions form an integral part of the purchase contract. Any differing provisions in the purchase contract take precedence over these Terms and Conditions.

4. These Terms and Conditions and the purchase contract are concluded in the Czech language.

II. Information About Goods and Prices

1. Information about goods, including the prices of individual items and their main characteristics, is provided for each product in the Online Store catalogue. Goods prices are stated inclusive of value added tax and all related charges. Goods prices remain valid for as long as they are displayed in the Online Store. This provision does not prevent the conclusion of a purchase contract under individually agreed terms.

2. All product presentations in the Online Store catalogue are of an informative nature and the Seller is not obliged to conclude a purchase contract for these goods.

3. The Online Store contains information on the costs associated with packaging and delivery of the goods, which apply only where the goods are delivered within the territory of the Czech Republic.

4. Any discounts on the purchase price of goods cannot be combined unless agreed otherwise between the Seller and the Buyer.

III. Order and Conclusion of the Purchase Contract

1. Costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the purchase contract (internet connection costs, phone call costs) are borne by the Buyer. These costs do not differ from the basic rate.

2. The Buyer places an order as follows:

• by filling in the order form without registration.

3. When placing an order, the Buyer selects the goods, the quantity, the method of payment and the method of delivery.

4. Before submitting the order, the Buyer is able to check and modify the data entered in the order. The Buyer submits the order to the Seller by clicking the “confirm and pay the order” button. The data stated in the order are considered correct by the Seller. A condition for the validity of the order is the completion of all mandatory fields in the order form and the Buyer’s confirmation that they have read these Terms and Conditions.

5. Immediately after receiving the order, the Seller sends the Buyer a confirmation of order receipt to the email address provided by the Buyer when placing the order. This confirmation is considered to constitute the conclusion of the contract. The purchase contract is concluded by the Seller’s confirmation of the order to the Buyer’s email address.

6. If the Seller cannot fulfil any of the requirements stated in the order, the Seller will send a modified offer to the Buyer’s email address. The modified offer is considered a new proposal for a purchase contract and the purchase contract is concluded when the Buyer confirms acceptance of this offer by email to the Seller’s address specified in these Terms and Conditions.

7. All orders accepted by the Seller are binding. The Buyer may cancel the order until the Buyer receives the notice of order acceptance from the Seller. The Buyer may cancel the order by phone or email using the contact details stated in these Terms and Conditions.

8. If an obvious technical error occurs on the part of the Seller when stating the price of the goods in the Online Store or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer at this clearly incorrect price, even if the Buyer has received an automatic confirmation of order receipt under these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and send a modified offer to the Buyer’s email address. The modified offer is considered a new proposal for a purchase contract and the purchase contract is concluded in such a case by the Buyer’s confirmation of acceptance sent to the Seller’s email address.

IV. Payment Terms and Delivery of Goods

1. The Buyer may pay the purchase price of the goods and any costs associated with delivery of the goods under the purchase contract in the following ways:

• cashless payment by credit card, QR payment or bank transfer.

2. Together with the purchase price, the Buyer is obliged to pay the Seller the agreed costs associated with packaging and delivery of the goods. Unless expressly stated otherwise, the purchase price also includes the costs associated with delivery of the goods.

3. In the case of cashless payment, the purchase price is payable within 3 days of the conclusion of the purchase contract.

4. In the case of payment via a payment gateway, the Buyer shall follow the instructions of the relevant electronic payment provider – Comgate.

5. For cashless payments, the Buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller’s bank account.

6. The Seller does not require any advance payment or similar payment from the Buyer. Payment of the purchase price before dispatch of the goods is not considered an advance.

7. The goods are delivered to the Buyer:

• to the address specified by the Buyer in the order,

• by personal collection at the Seller’s shop.

8. The choice of delivery method is made during the ordering of the goods.

9. The costs of delivery of the goods, depending on the method of dispatch and receipt, are stated in the Buyer’s order and in the Seller’s order confirmation. If the method of transport is agreed on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.

10. If, under the purchase contract, the Seller is obliged to deliver the goods to a place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods. If, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or in a manner other than as stated in the order, the Buyer is obliged to pay the costs associated with repeated delivery or with the other method of delivery.

11. When taking delivery of the goods from the carrier, the Buyer is obliged to check that the packaging is intact and immediately notify the carrier of any defects. If the Buyer discovers damage to the packaging indicating unauthorised interference with the consignment, the Buyer is not obliged to accept the consignment from the carrier.

12. The Seller issues a tax document – an invoice – to the Buyer. The tax document is sent to the Buyer’s email address.

13. The Buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but not before taking delivery of the goods. The risk of accidental destruction, damage or loss of the goods passes to the Buyer at the moment of receipt of the goods or at the moment the Buyer was obliged to take delivery of the goods but failed to do so in breach of the purchase contract.

V. Withdrawal from the Contract

1. The Buyer acknowledges that under § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for certain types of goods, namely for goods:

• that have been manufactured according to the Buyer’s wishes or personalised for the Buyer,

• that are perishable,

• that have been unsealed by the Buyer and cannot be returned for hygiene reasons.

2. In other cases, the Buyer is entitled, in accordance with the Civil Code, to withdraw from the purchase contract within 14 (fourteen) days from the date of receipt of the goods, provided that the goods are in unopened and undamaged packaging and have been stored in a cool and dry place.

3. A Buyer who has withdrawn from the contract is obliged to return the goods to the Seller within 14 days of withdrawal from the contract. The Buyer bears the costs associated with returning the goods to the Seller, even if the goods cannot, due to their nature, be returned by normal postal means.

4. If the Buyer withdraws from the contract, the Seller shall, without undue delay and no later than 14 days from the withdrawal or proof of return of the goods, refund all monetary funds received from the Buyer, including delivery costs, using the same payment method. The Seller may refund the funds by another method only with the Buyer’s consent and if no additional costs arise for the Buyer.

5. If the Buyer chose a method of delivery other than the cheapest standard method offered by the Seller, the Seller shall refund delivery costs only in the amount corresponding to the cheapest offered method of delivery.

6. The Buyer must return the goods to the Seller undamaged and in the original packaging. The Seller is entitled to unilaterally set off any claim for compensation for damage to the goods against the Buyer’s claim for a refund of the purchase price.

7. The Seller is entitled to withdraw from the purchase contract due to stock depletion or unavailability of the goods. The Seller shall inform the Buyer without delay by email to the address stated in the order and shall refund all monetary funds received from the Buyer, including delivery costs, within 14 days of notification of withdrawal, using the same method of payment or a method specified by the Buyer.

VI. Communication

1. The parties may deliver all written correspondence to each other by email.

2. The Buyer shall send correspondence to the Seller’s email address stated in these Terms and Conditions. The Seller shall send correspondence to the Buyer’s email address stated in the order.

VII. Personal Data

1. All information you provide in the course of our cooperation is confidential and we will treat it as such. Unless you give us written consent, we will not use your data for purposes other than performance of the contract, except for your email address, which may be used to send commercial communications as permitted by law unless you object. Such communications may relate only to similar or related goods and can be unsubscribed from at any time in a simple manner (by sending a letter, an email or by clicking the unsubscribe link in the commercial communication). The email address will be stored for this purpose for 3 years from the conclusion of the last contract between the parties.

VIII. Out-of-Court Dispute Resolution

1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, website: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr may be used for dispute resolution between the Seller and the Buyer arising from the purchase contract.

2. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

3. The Seller is authorised to sell goods on the basis of a trade licence. The relevant trade licensing office carries out trade supervision within its competence. The Czech Trade Inspection Authority exercises, to the extent defined by law, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection.

IX. Final Provisions

1. All arrangements between the Seller and the Buyer are governed by the legal order of the Czech Republic. If a relationship established by a purchase contract contains an international element, the parties agree that the relationship shall be governed by Czech law. This does not affect the consumer’s rights arising from generally binding legal regulations.

2. The Seller is not bound in relation to the Buyer by any codes of conduct within the meaning of § 1826(1)(e) of the Civil Code.

3. All rights to the Seller’s website, in particular copyright to the content, including the page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the Seller’s consent.

4. The Seller is not liable for errors resulting from third-party interference with the Online Store or from its use contrary to its purpose. When using the Online Store, the Buyer must not use procedures that could negatively affect its operation and must not engage in any activity that could enable the Buyer or third parties to unlawfully interfere with or unlawfully use the software or other components forming the Online Store, or use the Online Store or parts thereof or its software in a manner that would be contrary to its purpose or intended use.

5. The Buyer hereby assumes the risk of a change of circumstances within the meaning of § 1765(2) of the Civil Code.

6. The purchase contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

7. The Seller may amend or supplement the wording of the Terms and Conditions. This provision does not affect rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.

8. A sample withdrawal form forms an appendix to these Terms and Conditions.

These Terms and Conditions become effective on 1 January 2024.

Sample Form for Withdrawal from the Purchase Contract

Notice of Withdrawal from the Purchase Contract

Recipient: Q - Burger bar s.r.o.

Company ID No.: 03520668, VAT ID No.: CZ03520668

Registered office: Horní náměstí 847/11, 466 01 Jablonec nad Nisou

Email: info@pralinqa.cz

We hereby inform you that we withdraw from the purchase contract for the following goods:

Date of order (*) / date of receipt (*) of the goods:

Name and surname:

Address:

Date:

(*) Delete as appropriate