Terms & Conditions

1. Basic Provisions

1.1. These Terms and Conditions (hereinafter the “Terms and Conditions”) apply to purchases from:

Business name: Choco Loves Coffee s.r.o.
Company ID (IČ): 04291166
VAT ID (DIČ): CZ04291166
Registered office: Jugoslávská 662/27, 120 00, Prague–Vinohrady
Registered with the Municipal Court in Prague under file no. C 242765.

Contact details:
E-mail: info@chocolovescoffee.cz

Phone: +420 224 284 325
Website: chocolovescoffee.cz

(hereinafter the “Seller” and/or “Choco Loves Coffee”)

These Terms and Conditions are drawn up pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter the “Civil Code”).

1.2. These Terms and Conditions govern the rights and obligations relating to the Seller and a natural person who enters into a purchase contract with the Seller outside the scope of their business activity (hereinafter the “Customer” or “Buyer”). The purchase contract is concluded via the online store available at www.chocolovescoffee.cz
(hereinafter the “Online Store”).

1.3. These Terms and Conditions do not apply where the person intending to purchase goods from the Seller is a legal entity or a person acting, when ordering goods, within the scope of their business activity or within the scope of independent professional practice.

1.4. The provisions of these Terms and Conditions form an integral part of the purchase contract. Deviating arrangements in the purchase contract take precedence over the provisions of these Terms and Conditions.

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

1.6. The Seller reserves the right to amend and supplement these Terms and Conditions. This shall not affect the rights and obligations of the Buyer arising during the validity of the previous version of the Terms and Conditions.

2. Processing and Handling of Personal Data

2.1. The processing and protection of the Buyer’s personal data by Choco Loves Coffee is governed by the Privacy Policy.

3. Information on Goods and Prices

3.1. The Online Store catalogue contains information about goods, including the price of each item. The price includes value added tax and all related fees. Prices remain valid for the period they are displayed in the Online Store. This provision does not exclude the conclusion of a purchase contract under individually agreed conditions.

3.2. The display of goods in the Online Store catalogue is for information purposes only and the Seller is not obliged to conclude a purchase contract regarding such goods.

3.3. Information on costs associated with packaging and delivery of goods is published in the Online Store.

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

4. Individual Experience Tasting

4.1. A tailor-made service consisting of the creation and preparation of samples intended for participants of an individual experience tasting (hereinafter the “Participant”), sample descriptions, preparation and work of an authorised Choco Loves Coffee staff member (hereinafter the “Taster”), and other parameters as individually agreed, is referred to as an Individual Experience Tasting (hereinafter the “Individual Tasting”).

4.2. The Individual Tasting is prepared based on the Buyer’s individual inquiry submitted via the Online Store, or agreed by e-mail, in person, or by phone. The price of the Individual Tasting depends on the individual variables and is sent to the Buyer to the e-mail address provided when submitting the order.

4.3. The purchase contract whose subject is the Individual Tasting is concluded between the Buyer and Choco Loves Coffee based on the Buyer’s e-mail confirmation of the offer.

4.4. Choco Loves Coffee reserves the right to charge a fee added to the original total price of the Individual Tasting as follows:

10% for each participant who, compared to the order, does not attend the Individual Tasting

10% for a change of the Individual Tasting date, unless otherwise agreed with the Seller and confirmed by the Seller via electronic communication

50% for full cancellation more than one week before the agreed date

80% for full cancellation less than one week before the agreed date

5. Public Experience Tasting

5.1. A Public Experience Tasting (hereinafter the “Public Tasting”) is a Seller product with a pre-set price published in the Seller’s Online Store catalogue, or in the Seller’s brick-and-mortar store.

5.2. Participation in a Public Tasting can be ordered by purchasing a ticket (hereinafter the “Ticket”) via the Seller’s online catalogue for a specific date, or in the Seller’s brick-and-mortar store.

5.3. The Ticket is a transferable confirmation of the purchased participation for a specific Public Tasting date and serves as entry to the event.

5.4. The Seller reserves the right to charge a 100% cancellation fee in the event of non-attendance. The Buyer cannot change the date.

5.5. Choco Loves Coffee reserves the right to change or cancel a Public Tasting date without compensation or financial reimbursement.

6. Custom Request

6.1. A Custom Request (hereinafter the “Custom Request”) means a product created by the Seller upon the Buyer’s request and according to the Buyer’s requirements, which is not among the products displayed in the Online Store catalogue.

6.2. Preparing a proposal for a Custom Request (hereinafter “Preparation of a Custom Request Proposal”) is a paid service consisting of creating an order proposal according to the parameters provided by the Customer.

6.3. The fee depends on the complexity of preparing the proposal and is charged as follows:

CZK 500 for orders up to CZK 10,000

CZK 1,000 for orders over CZK 10,000

The fee amount is binding and may be adjusted based on individual agreement between the Seller and the Buyer.

6.4. The purchase contract whose subject is the Preparation of a Custom Request Proposal is concluded at the moment the first document is sent to the Buyer’s e-mail address provided during prior contact with the Seller (in person, by phone, or by e-mail) or to the e-mail address provided in the Online Store order.

6.5. The Buyer may pay the fee for the Preparation of a Custom Request Proposal by bank transfer to the Seller’s account no. 2900850923/2010 held with Fio banka, a.s., V Celnici, 10 117 21 Prague 1 (hereinafter the “Seller’s Account”).

6.6. The Seller will prepare the Custom Request Proposal after receiving the agreed amount for the Preparation of the Proposal into the Seller’s Account.

6.7. Upon execution/realisation of the Custom Request, the Custom Request becomes an individual order (hereinafter the “Individual Order”) and the final invoiced value of the Individual Order is reduced by the already paid fee for the Custom Request Proposal.

7. Order and Conclusion of the Purchase Contract

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

7.2. The Buyer is obliged to pay costs incurred when using means of distance communication when concluding the purchase contract with the Seller, in particular (but not exclusively) costs of internet connection and phone calls.

7.3. The Buyer places an order in the following ways:

via their customer account (if previously registered in the Online Store),

by completing the order form without registration.

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

7.5. The Buyer has the right to review and change the data entered in the order before submitting it. The Buyer submits the order by clicking the button “Submit order binding to payment”. The Seller considers the Buyer’s details in the order to be correct. The order is considered valid only if all mandatory fields are completed, the Buyer confirms that they have read the Terms and Conditions, and the order is submitted by clicking “Submit order binding to payment.”

7.6. After the order is received, the Buyer will receive an order receipt confirmation to the e-mail address provided. The Terms and Conditions and Complaints Procedure are attached. The purchase contract is concluded only once the Seller accepts the order. The Buyer is informed via an e-mail notification sent to the e-mail address provided when ordering.

7.7. If the Seller cannot fulfil any request stated in the Buyer’s order, the Seller will send an amended offer to the Buyer’s e-mail address. The amended offer is considered a new draft purchase contract and is concluded by the Buyer sending confirmation to the Seller’s e-mail address stated in these Terms and Conditions.

7.8. All orders accepted by the Seller are binding. The Buyer may cancel an order until the Buyer receives the Seller’s notice of acceptance of the order. The Buyer may cancel by phone or e-mail using the Seller’s contact details stated in these Terms and Conditions.

7.9. In the event of an obvious technical error on the part of Choco Loves Coffee in displaying the goods price in the Online Store catalogue or during ordering, the Seller is not obliged to deliver the goods at the obviously incorrect price, even if the Buyer received a confirmation of receipt of the order. The Seller will inform the Buyer without undue delay and send an amended offer to the Buyer’s e-mail address. The amended offer is considered a new draft purchase contract and may be concluded by the Buyer sending confirmation to the Seller’s e-mail address stated in these Terms and Conditions.

8. Customer Account

8.1. Based on registration in the Seller’s Online Store, the Buyer may access their customer account. The Buyer can order goods via the account. The Buyer may also order without registration.

8.2. When ordering goods and registering, the Buyer must provide true and correct information. In case of any change, the Buyer must update the information in the customer account. The Seller considers the information provided when ordering to be true and correct.

8.3. Access to the customer account is secured by username and password. The Buyer must keep confidential information necessary to access their customer account. The Seller is not liable for misuse of the customer account by a third party.

8.4. The Buyer is not entitled to allow third parties to use the customer account.

8.5. The Seller may cancel the user account, especially if the Buyer does not use it for an extended time or if the Buyer breaches obligations under the purchase contract and these Terms and Conditions.

8.6. The Buyer acknowledges that the customer account may not be available continuously, especially with regard to necessary maintenance of the Seller’s hardware/software or third-party hardware/software.

9. Payment and Delivery Terms

9.1. The price of goods and delivery costs under the purchase contract are the purchase price (hereinafter the “Purchase Price”).

9.2. The Buyer pays the Purchase Price to the Seller’s account by bank transfer and it is due within 14 days from concluding the purchase contract. Cash payment is not possible.

9.3. The Buyer’s obligation is fulfilled at the moment the Purchase Price is credited to the Seller’s bank account.

9.4. The Seller does not require any advance payment or similar payment in advance. Payment of the Purchase Price before dispatch is not an advance payment.

9.5. Delivery will be carried out according to the Buyer’s selection in one of the following ways:

to the address specified by the Buyer in the order

personal pickup at the Seller’s brick-and-mortar store

9.6. The Buyer selects the delivery method during ordering and confirms it by submitting the order.

9.7. Delivery costs depending on the shipping/pickup method are stated in the Buyer’s order and in the order confirmation. If transport is agreed in a different way than offered by the Seller, the Buyer bears additional costs and also the risk associated with the different delivery method.

9.8. The Seller must deliver the goods to the specified place within 30 days from concluding the purchase contract, unless otherwise agreed. The Buyer must accept the delivered goods. If the Seller incurs costs due to repeated delivery or change of delivery method (including repeated delivery), the Buyer must reimburse these costs to the Seller.

9.9. Upon receipt from the carrier, the Buyer must check the integrity of the packaging. If the packaging is damaged or opened, the Buyer must immediately report this to the carrier. If the packaging is damaged to an extent clearly indicating unauthorised entry, the Buyer is not obliged to accept the shipment.

9.10. The Seller will issue a tax document – invoice. The invoice will be delivered to the Buyer’s e-mail address.

9.11. Ownership passes to the Buyer upon full payment of the Purchase Price, but not earlier than upon receipt of the goods. Upon receipt of already paid goods—or at the moment the Buyer was obliged to accept the goods but did not—liability for damage, loss, or destruction of goods passes to the Buyer.

10. Withdrawal from the Contract

10.1. A Buyer who concludes a purchase contract with the Seller outside their business activity has the right to withdraw from the purchase contract.

10.2. The withdrawal period is 14 days, starting either on the day of receipt of the goods; on the day of receipt of the last delivery (if goods are delivered in parts); on the day of receipt of the first delivery (for regular repeated deliveries); or, in the event the Seller fails to meet the delivery deadline, provided that in justified cases the Seller does not request an extension of this period.

10.3. The Buyer cannot withdraw from the purchase contract, among other cases, in the following situations:

• provision of services, if performed with the Buyer’s prior express consent before expiry of the withdrawal period and the Seller informed the Customer that in such case there is no right to withdraw,
• delivery of goods or services whose price depends on fluctuations of the financial market independent of the Seller’s will and which may occur during the withdrawal period,
• delivery of alcoholic beverages that can be delivered only after thirty days and whose price depends on financial market fluctuations independent of the Seller’s will,
• delivery of goods modified according to the Customer’s wishes or for the Customer’s person,
• delivery of goods subject to rapid deterioration, as well as goods irreversibly mixed with other goods after delivery,
• repair or maintenance performed at a place designated by the Customer at the Customer’s request (unless it concerns subsequent repairs other than requested or supply of spare parts other than requested),
• delivery of goods in sealed packaging which the Customer removed from the packaging and cannot be returned for hygienic reasons,
• delivery of sound or video recordings or computer programs if the original packaging has been broken,
• delivery of newspapers, periodicals or magazines,
• accommodation, transport, catering or leisure time services if provided on a specified date,
• delivery of digital content not supplied on a tangible medium if supplied with the consumer’s prior express consent before expiry of the withdrawal period and the Seller informed the consumer that there is no right to withdraw,
• and other cases stated in Section 1837 of the Civil Code.

10.4. For valid withdrawal, the Buyer must deliver a withdrawal notice to the Seller within the withdrawal period.

10.5. The Buyer may use the Seller’s model withdrawal form. The Buyer shall send withdrawal to the Seller’s e-mail or delivery address stated in these Terms and Conditions. The Seller will confirm receipt of the form without undue delay.

10.6. A Buyer who withdraws must return the goods within 14 days of withdrawal, in a condition corresponding to purchase in a brick-and-mortar store. If the Buyer returns goods in a demonstrably worse condition, the Seller reserves the right to reduce the refunded amount by the difference in the goods’ condition. The Buyer bears the costs of returning the goods to the Seller, including where the goods cannot be returned by ordinary postal route due to their nature.

10.7. If the Buyer withdraws, the Seller will refund without undue delay, no later than within 14 days from withdrawal, all funds received from the Buyer including delivery costs to the Buyer, using the same method of payment, unless reduced per clause 10.6. The Seller may refund by another method only if the Buyer agrees and no additional costs arise.

10.8. If the Buyer chose a delivery method other than the cheapest offered by the Seller, the Seller will refund delivery costs only in the amount corresponding to the cheapest offered delivery method.

10.9. If the Buyer withdraws, the Seller is not obliged to refund before the Buyer hands over the goods or proves that the goods were dispatched to the Seller.

10.10. The Buyer must return goods undamaged, unused, unsoiled, and in original packaging. The Seller may set off compensation for damage against the Buyer’s claim for a refund.

10.11. The Seller may withdraw from the purchase contract due to sold-out stock, unavailability, or if the manufacturer/importer/supplier stopped production or imports. The Seller will inform the Buyer without undue delay via the e-mail address in the order and refund within 14 days from the withdrawal notice all funds received including delivery costs, using the same method, or as specified by the Buyer.

11. Rights from Defective Performance

11.1. The Seller is liable to the Buyer that the goods have no defects upon receipt. The Seller is liable that at the time the Buyer received the goods:

• the goods have the properties agreed by the parties; if not agreed, such properties as described by the Seller or manufacturer or expected by the Buyer given the nature of goods and advertising,
• the goods are fit for the purpose stated by the Seller or for the usual purpose of such goods,
• the goods correspond in quality/performance to the agreed sample/model if determined by sample/model,
• the goods are in the corresponding quantity, measure or weight, and
• the goods comply with legal requirements.

11.2. If a defect appears within 12 months from receipt, it is presumed the goods were defective upon receipt unless proven otherwise by the Seller. The Buyer may exercise rights from defects that occur in consumer goods within 24 months of receipt. This does not apply if:

• the defect existed at receipt and a discount was agreed for such defect,
• the defect resulted from wear and tear due to normal use or due to the nature of the goods,
• the defect was caused by the Customer through improper use, storage, maintenance, Customer intervention, or mechanical damage under conditions not corresponding to temperature/dust/humidity/other environmental influences as specified by the Seller/manufacturer (usually on the label) or by law,
• the goods were modified by the Customer and the defect resulted from such modification,
• use under conditions not corresponding to temperature/dust/humidity/chemical or mechanical influences specified by the Seller/manufacturer or required by law,
• the defect arose due to an external event beyond the Seller’s control (e.g., natural disaster).

11.3. The Buyer has no right to return goods especially in these cases:

• packaged food that cannot be reused for hygienic reasons or already used goods (e.g., if the Customer damages protective packaging or breaks a safety seal or other contamination may occur),
• other goods with hygienic or other sealed packaging that cannot be returned for hygienic/health reasons (e.g., if a toothbrush is removed from hygienic sealed packaging),
• goods irreversibly mixed with other goods,
• goods modified according to the Customer’s wishes.

11.4. In the event of a defect, the Buyer may submit a complaint and request:

• removal of the defect by delivery of new defect-free goods or delivery of missing goods, or
• removal of the defect by repair (if possible and reasonable given the nature of goods), or
• a reasonable discount from the purchase price, or a refund of the full amount for a damaged or undelivered product, or
• withdrawal from the contract.

11.5. The Buyer has the right to withdraw if:

• the goods have a material defect,
• the goods cannot be properly used due to repeated occurrence of a defect or defects after repair,
• there is a larger number of defects.

11.6. The Seller must accept complaints at any premises where acceptance is possible, or at the registered office/place of business. The Seller must issue written confirmation stating when the Buyer exercised the right, what the content of the complaint is, and which resolution method the Buyer requests, as well as confirmation of the date and method of handling the complaint (including confirmation of repair and its duration), or written justification for rejection.

11.7. Typically within 7 business days after the Seller receives the necessary documentation from the Customer (photos and other data necessary to assess the defect) or after receiving the claimed goods back, the defect will be assessed and the result communicated. This period does not include time needed for expert assessment (e.g., cooperation from supplier/manufacturer). Complaints including defect removal must be handled without undue delay, at the latest within 30 days from the day the complaint is filed, unless the Seller and Buyer agree on a longer period. Failure to meet the deadline is deemed a material breach and the Buyer may withdraw. The moment of filing is when the Buyer’s declaration of will (exercise of rights from defective performance) reaches the Seller.

11.8. The Seller will inform the Buyer in writing of the complaint result.

11.9. The Buyer is not entitled to rights from defective performance if it concerns a defect that the Buyer could have noticed with ordinary care at contract conclusion or, if goods are delivered later, upon receipt. The Buyer is also not entitled if the Buyer knew before receipt that the goods had a defect or if the Buyer caused the defect.

11.10. In the event of a justified complaint, the Buyer has the right to reimbursement of purposefully incurred costs associated with the complaint. The Buyer may exercise this right within one month after expiry of the warranty period.

11.11. The Buyer chooses the complaint resolution method.

11.12. Rights and obligations regarding defective performance are governed by Sections 1914–1925, 2099–2117 and 2161–2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.

11.13. Further rights and obligations relating to the Seller’s liability for defects are governed by the Seller’s Complaints Procedure.

12. Delivery of Notices

12.1. The parties may deliver all written correspondence to each other via e-mail.

12.2. The Buyer delivers correspondence to the Seller’s e-mail address stated in these Terms and Conditions. The Seller delivers correspondence to the Buyer’s e-mail address stated in the customer account or order.

13. Out-of-Court Dispute Resolution

13.1. The competent authority for out-of-court resolution of consumer disputes arising from the purchase contract is the Czech Trade Inspection Authority (Česká obchodní inspekce), Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, website: adr.coi.cz/cs. The online dispute resolution platform at ec.europa.eu/consumers/odr may be used for disputes between the Seller and the Buyer.

13.2. The European Consumer Centre Czech Republic, Štěpánská 567/15, 120 00 Prague 2, website: evropskyspotrebitel.cz, is the contact point under Regulation (EU) No 524/2013 of 21 May 2013 on online dispute resolution for consumer disputes.

13.3. The Seller is authorised to sell goods based on a trade licence. Trade licensing supervision is carried out by the competent trade licensing office. The Czech Trade Inspection Authority also supervises, within the relevant scope, compliance with Act No. 634/1992 Coll., on Consumer Protection.

14. Verification of User Reviews

14.1. A verified customer (hereinafter the “Verified Customer”) is a natural person who has made a purchase in the Online Store in the past.

14.2. A review of individual products may be added only by a Verified Customer, and only for products purchased by that Customer.

14.3. Choco Loves Coffee reserves the right to select which reviews are published in the Online Store. Reviews containing vulgarities, unrelated to the reviewed goods, or otherwise inappropriate may not be published.

15. Final Provisions

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

15.2. The Seller is not bound towards the Buyer by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.

15.3. All rights to the Seller’s website, in particular copyrights to content including layout, photos, films, graphics, trademarks, logo and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or any part of it without the Seller’s consent.

15.4. The Seller is not liable for errors resulting from third-party interference with the Online Store or from use contrary to its purpose. The Buyer must not use procedures that could adversely affect the Online Store’s operation and must not perform any activity that could enable unauthorised interference with or unauthorised use of software or other components forming the Online Store, or use the Online Store or its parts in a manner contrary to its purpose.

15.5. The Buyer assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.

15.6. The purchase contract including these Terms and Conditions is archived by the Seller electronically and is not accessible.

15.7. The Seller may change or supplement the wording of these Terms and Conditions. This does not affect rights and obligations arising during the validity of the previous version.

15.8. An appendix to these Terms and Conditions is the model withdrawal form.

These Terms and Conditions take effect on 1 January 2023.