“Application“ refers to a mobile phone application “Cyberdog“, by which the Buyer orders Refreshments and thereby enters into a Purchase Contract with the Seller.
“The Seller“ is understood as the company CZECH PHOTO o.p.s., located at Seydlerova 2835/4, Stodůlky, Prague 5, Postal Code 158 00, Comp. ID No.: 257 58 675, incorporated in the Companies Register administered by the Municipal Court in Prague, Volume O, File 124.
“The Buyer“ is understood as a physical or legal entity that enters into a Purchase Contract with the Seller, in accordance with the terms of the Business Conditions which constitute a part thereof.
“Purchase Contract“ is understood as a Purchase Contract between the Seller and the Buyer, in accordance with the terms of the Business Conditions which constitute a part thereof.
“Establishment“ is understood the technological and information center with robot-controlled gastro operations called ”Cyberdog“.
“Business Conditions“ is understood as these general terms of business of the Seller which are available at the Internet address (URL): www.cyber-dog.cz/obchodni-podminky and also under Application.
“Consumer“ is a person who enters into a purchase contract as a Buyer outside the scope of his entrepreneurial activities or independent performance of his profession.
2. Basic Provisions
2.1 These Business Conditions regulate, in accordance with the provisions of Sec. 1751(1) of Act No. 89/2012 Coll., the Civil Code (henceforth only “the Civil Code“), the mutual rights and obligations of the contractual parties arising from the Purchase Contract.
2.2 Purchase Contracts must be contracted strictly in the premises of the Establishment, thus precluding the applicability of provisions applicable to contracts contracted in a distant manner or outside the Establishment. The contractual parties do not consider the Application as a distant means of communication as defined in the provisions of Sec. 1820(1) of the Civil Code.
2.3 Expenses incurred to the Buyer while using the Application in connection with contracting the Purchase Contract are quite common and the Buyer will bear this expense as part of the communication services rendered by the provider.
2.4 The Seller reserves the right to make amendments or supplements to the Business Conditions. This particular provision will not affect the rights or obligations during the effective period of the current version of the Business Conditions.
2.5 Important: It is prohibited to sell alcoholic beverages to persons under 18 years of age.
3. Concluding a Purchase Contract
3.1 In order to be able to sign the Purchase Contract at the Establishment, the Buyer must be registered in the Application device installed in the Establishment. Upon logging in the Application, the Buyer will see a display showing a list of the products offered – meals and beverages (henceforth only “Refreshments“); the Seller’s offer includes information about the Refreshments and the price thereof. After selecting Refreshments in the Application, the Buyer confirms his choice by clicking on “Confirm & Order“. Thereupon the Buyer sends the filled-out order using the Application. The Buyer may change his choice of Refreshments at the point of clicking on the “Order“ button.
3.2 After the Purchase Contract’s conclusion, the Seller is obliged to pass the order to the Establishment and then release the ordered Refreshments to the Buyer, whereupon the Buyer is obliged to pay the agreed-on purchase price for the Refreshments to the Seller.
3.3 The Seller has the right to withdraw from the Purchase Contract any time before the Buyer, in the event that it is not possible to deliver the ordered Refreshments due to current unavailability or shortage.
3.4 The Buyer enters into the Purchase Contract solely for the purposes of ordering a Refreshment and consuming it immediately at the Establishment. After obtaining his Refreshment, the Consumer may not withdraw from the Purchase Contract without a valid reason.
4. Product Prices and Payment Conditions
4.1 The Application contains a list of products, i.e., Refreshments that the Seller offers for sale, including the prices thereof.
4.2 The prices of the Refreshments include all due taxes and fees. Since Refreshments are delivered and consumed at the Establishment, the Seller will not charge the Buyer any delivery expenses.
4.3 Under the Purchase Contract, the Buyer may pay the Seller for ordered Refreshments as follows:
• cash at the Establishment;
• use a payment card through the bank terminal at the Establishment;
• use a payment card through an electronically secured GoPay portal.
4.4 The Buyer is obliged to pay the purchase price immediately after obtaining the Refreshments, but no later than when leaving the Establishment.
4.5 The Seller will issue an invoice (tax document) to the Buyer at the Establishment when the purchase price has been paid using one of the above modes of payment.
5. Rights Arising from Defective Service
5.1 The Buyer may report defective service related to Refreshments directly to the Seller’s waiting personnel at the Establishment
5.2 The Buyer must report complaints immediately after detecting the given defect
6. Final Provisions
6.1 If the Buyer believes that his rights have been violated, he may send a complaint to the Seller using e-mail address email@example.com and ask for extrajudicial resolution.
6.2 These Business Conditions are displayed in the Application, as well as on the Seller’s website www.cyber-dog.cz/obchodni-podminky where the Buyer can be download, save, and reproduce them. The Buyer has been adequately informed about and acquainted with these Business Conditions before making his order. By sending his order, the Buyer confirms to the Seller that he has been duly acquainted with these Business Conditions and agrees with the contents thereof.
6.3 Rights and obligations that are not specifically covered in these Business Conditions are subject to the relevant provisions of the Civil Code. Contractual relations between the Buyer and the Seller become subject to these Business Conditions at the moment of the Purchase Contract’s conclusion.
6.4 Should any of the provisions in these Business Conditions turn out to be or become invalid or ineffective, such provisions will be replaced with provisions that best correspond to the intended purpose. Invalidity or ineffectiveness of certain provisions will not affect the effectiveness of the remaining provisions herein.
6.5 The Seller hereby informs the Buyer that the authority of competence by venue for extrajudicial resolution of consumer disputes is the Czech Business Inspection (Česká obchodní inspekce), at the following address: http://www.coi.cz/.
Business Conditions, in effect as of 1.7.2019