Terms and Conditions of the Online Store (hereinafter the „Terms“)
The controller of personal data collected via the online store is YESTEAM LLC, with its registered office at 102 Gold Avenue Southwest, 87102 Albuquerque, USA, which enables the provision of services on the basis of orders placed via the website: sushipak.cz.
1. General Provisions
1. The Seller in respect of orders concerning Products presented in the SUSHIPAK online store, available at: sushipak.cz – hereinafter the „Store“ – is the company SUSHIPAK Operations s.r.o., with its registered office at Děčínská 552/1, Střížkov, 180 00 Praha 8, IČO: 24525855, DIČ: CZ24525855, entered in the commercial register maintained by the Municipal Court in Prague, section C, insert 442748 – hereinafter the „Company“ or „Seller“.
2. These Terms are addressed both to Consumers and to Entrepreneurs using the Store – hereinafter the „Customer“ and set out the rules for using the online store, as well as the rules and procedure for concluding Sales Agreements with the Customer at a distance via the Store.
3. The Seller concludes Sales Agreements for Products in its own name.
2. Definitions
Whenever these Terms refer to:
1. Order Form – this means an interactive form available in the Store enabling an Order to be placed, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment;
2. Customer – this means any entity making purchases via the Store;
3. Consumer – this means any individual who, outside the scope of their business activity or outside the scope of the independent exercise of their profession, concludes an agreement with the Seller or otherwise deals with it;
4. Cart – this means an element of the Store’s software in which the Products selected by the Customer for purchase are displayed, and where it is also possible to establish and modify Order data, in particular the quantity of Products;
5. Product – this means Products constituting a movable item and the subject of the Sales Agreement between the Customer and the Seller, offered in the online store, contained in the menu available on the website: sushipak.cz;
6. Product Card – this means the page containing detailed information about a given Product sold in the Store;
7. Entrepreneur – this means a person who independently, on their own account and responsibility, carries out gainful activity in the manner of a trade or in a similar manner with the intention of doing so continuously for the purpose of making a profit, as well as any person who concludes agreements related to their own commercial, manufacturing or similar activity or in the independent exercise of their profession, and uses the Store;
8. Online Store – this means the online store operated under the name SUSHIPAK, available at the internet address: sushipak.cz, through which the Customer may purchase Products from the Seller;
9. Seller – this means the company SUSHIPAK Operations s.r.o., with its registered office at Děčínská 552/1, Střížkov, 180 00 Praha 8, IČO: 24525855, DIČ: CZ24525855, entered in the commercial register maintained by the Municipal Court in Prague, section C, insert 442748;
10. Sales Agreement – this means a contract for the sale of a Product being concluded or already concluded between the Customer and the Seller via the online store. A Sales Agreement is also understood – in accordance with the characteristics of the Product – as a contract for the provision of services and a contract for specific work;
11. Distance Agreement – this means an agreement concluded with the Customer within an organized system of concluding distance agreements (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the moment the agreement is concluded;
12. Order – this means a declaration of the Customer’s will submitted by means of the Order Form and aimed directly at concluding a Sales Agreement for a Product or Products with the Seller;
13. Days and Hours of the Store’s Operation – this means the day and hours during which the Store is open, as a rule the time from the opening of the Store until 00:00/01:00;
14. Business Day – this means a day from Monday to Friday, excluding state-recognized holidays and non-working days;
15. Point of Sale – this means the place at which the Seller conducts activity, as a result of which it sells Products offered in the online store, at the address Na úlehli 1274/3, 141 00 Praha 4-Michle.
3. Contact Information
1. The Seller enables contact by e-mail at the e-mail address: [email protected]
2. The Seller also enables contact by telephone, during the Store’s operating hours, at the telephone number: +420 605 174 177
3. Address of the point of sale (personal collection): Na úlehli 1274/3, 141 00 Praha 4-Michle.
4. The current telephone number and operating hours are available on the Store’s website in the „Information“ section.
4. Technical Requirements
For correct and uninterrupted use of the Store, including browsing the Store’s assortment and placing Orders for Products, the Customer should have:
a) an end device with access to the Internet (e.g. a computer or smartphone) and an installed internet browser of the latest version;
b) enabled support for cookies.
5. General Information
1. To the widest extent permitted by law, the Seller shall not be liable for disruptions, including interruptions, in the functioning of the Store caused by force majeure, unauthorized action of third parties or incompatibility of the online store with the Customer’s technical infrastructure.
2. All prices given in the online store operating on the website: sushipak.cz are prices including VAT given in Czech koruna (Kč). The prices given do not include delivery costs.
3. The amount payable by the Customer also includes the delivery charge. The Customer is informed of the total amount payable during the process of placing the Order.
4. The Seller reserves the right to make ongoing changes to product prices, as well as to carry out promotional campaigns.
5. Before submitting the Order for fulfilment, the Seller reserves the right to verify the Customer by e-mail or telephone.
6. The Seller does not accept orders for additional ingredients, changes to the composition of food products, or individual orders outside the menu.
6. Conclusion of the Agreement
1. The subject of the Store’s activity is the conclusion of Sales Agreements for Products.
2. The agreement is concluded via the Order Form available on the Seller’s website and entails an obligation to make payment via one of the available payment methods selected.
3. The condition for fulfilment of the agreement is the provision of the Customer’s personal data enabling their verification, acceptance of the Terms, acceptance of the Privacy Policy, as well as payment by the Customer.
4. In the event of the Customer providing incomplete, erroneous or contradictory information when placing an Order, the Seller shall contact the Customer in order to correct the errors. If contact with the Customer is not possible, the Seller has the right not to accept the Order for fulfilment.
5. In the process of placing an Order, the Customer may express the wish to receive a receipt or an invoice (tax document), which may be attached to the Order or sent by post or e-mail to the address indicated by the Customer.
6. In the course of placing the Order, the Customer consents to the placement of personal data in the Seller’s database for the purpose of their processing in connection with the fulfilment of the Order. The Customer may also give separate consent to the processing of their personal data by the Seller for marketing purposes and to receiving marketing communications from the Seller regarding the Seller’s products and services via e-mail messages, SMS messages, as well as in the form of telephone contact; granting this consent is voluntary and does not constitute a condition for concluding the Sales Agreement.
7. Delivery
1. Delivery of the Product to the Customer is subject to a charge, unless the Sales Agreement provides otherwise. The costs of delivering the Product (including charges for transport, delivery and postal services) are indicated to the Customer on the online store page during the process of placing the Order, including at the moment the Customer expresses the wish to conclude the Sales Agreement.
2. Personal collection of the Product by the Customer is free of charge.
3. Delivery costs depend on the address provided by the Customer in the process of placing the Order, and their amount is indicated in the „Delivery“ tab on the website: sushipak.cz.
4. The expected fulfilment time of the Order is included in the Order details on the website: sushipak.cz and may be extended, in particular due to the current number of Orders placed in the Store.
5. The Order is fulfilled by the date indicated by the Customer when placing the Order. In the event that the Customer does not indicate a fulfilment date, the Order will be fulfilled on the day it is placed, during the Days and Hours of the Store’s Operation, subject to point 4.
6. In the event that the Customer selects an exact time for the fulfilment of the Order – it will be delivered at the specified time, whereby the Seller reserves a time margin of +/- 60 minutes in this respect.
7. The Order may be delivered only to the place indicated by the Customer in the process of placing the Order.
8. The Seller provides the Customer with the following methods of delivery or collection of the Product:
a) delivery to the address indicated in the process of placing the Order;
b) personal collection of the Product at the address of the Point of Sale: Na úlehli 1274/3, 141 00 Praha 4-Michle.
8. Offered Payment Methods
1. The Customer may choose from the following forms of payment:
a) electronic payment, including Google Pay, Apple Pay, payment card;
b) cash on delivery upon collection of the Order.
2. In the event of a lack of confirmation of electronic payment in the Seller’s system, the Order will not be submitted for fulfilment, and the Customer should then contact the Seller by telephone in order to determine the method of fulfilling the order or place the Order again by selecting a different form of payment.
3. The available payment methods may vary depending on the choice of the type of Order placed.
9. Performance of the Agreement
1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has previously placed an Order by means of the Order Form, in accordance with point 6 of these Terms. The agreement is concluded after the Customer uses and clicks the „Buy and Pay“ button.
2. After placing the Order, the Seller promptly confirms its receipt and simultaneously accepts the Order for fulfilment. Confirmation of receipt of the Order and its acceptance for fulfilment takes place by the Seller sending the Customer an appropriate SMS message to the contact number provided by the Customer in the process of placing the Order, which contains at least the Seller’s statements on receipt of the Order and on its acceptance for fulfilment.
3. Regardless of the choice of payment method, in accordance with point 8 of these Terms, the Customer is obliged to pay the amount for the purchased Products indicated in the Order and constituting a receivable of the Seller on this account.
4. The Seller reserves the right to reject the Order, even due to an erroneous indication by the Customer of the address in the Order Form. If, however, such an Order were accepted by the Seller – the Customer is obliged to make the due payment for the ordered Products, and this does not give the Customer the right to demand a refund or re-fulfilment of the Order.
5. Information on Allergens is available on the website: sushipak.cz: Allergen Table
By accepting the Terms, the Customer is aware of and consents to the purchase of dishes containing components with allergens. The Seller shall not be liable in the event of the occurrence of any allergic reaction or aggravation of an allergy in the Customer.
6. The actual appearance of the dishes offered may differ from their appearance presented in the photographs placed on the website or on the Seller’s social media. These photographs are for illustrative purposes only.
7. Despite exercising the utmost care when cleaning fish raw materials, the product may contain individual bones or fragments thereof.
8. During delivery of the Order to the Customer, a maximum of 3 (three) contact attempts are made in the form of telephone calls with 5-minute intervals between them. In the event of a lack of contact with the Customer, the Seller has the right not to refund the funds paid in advance in the process of placing the Order by the Customer.
10. Withdrawal from the Sales Agreement
1. Before the Seller’s performance, a Customer who is a Consumer may withdraw from the Sales Agreement without giving any reason. The Consumer may withdraw from the Sales Agreement by submitting to the Seller a declaration of withdrawal in writing or to the Seller’s e-mail address: [email protected], no later than one hour before the anticipated moment of commencement of fulfilment of the Order, i.e. preparation of the ordered Product.
2. The Seller shall refund the payments made by the Consumer using the same method of payment that the Consumer used in the process of placing the Order, within 14 days of the effective withdrawal from the Sales Agreement.
3. In the event of withdrawal from a distance agreement, the agreement is cancelled from the outset.
4. The Consumer acknowledges that, in accordance with § 1837 of Act No. 89/2012 Coll., the Civil Code, they may not, among other things, withdraw from an agreement for the supply of goods which are subject to rapid deterioration, as well as goods which, after delivery, were by their nature irretrievably mixed with other goods, and from an agreement for the supply of goods manufactured according to the Consumer’s requirements or adapted to their personal needs. Thus, after the Seller’s performance has commenced, i.e. after the commencement of preparation of the ordered Product, the Consumer loses the right to withdraw from the agreement.
11. Complaints
Applies to a Customer who is a Consumer:
1. The Seller is liable to the Consumer for the Product being free from defects upon receipt and in conformity with the Sales Agreement, to the extent provided for by generally applicable law, in particular Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection.
2. The Customer may lodge a complaint in connection with non-performance or improper performance of the Sales Agreement.
3. A complaint may be submitted to the Seller’s e-mail address: [email protected], stating the order number, a description of the Product’s defect, and the provision of photographs of the ordered Product that is non-conforming with the agreement.
4. In the complaint notification, the Customer should include their first and last name, address, and contact details.
5. The Seller shall issue the Consumer with written confirmation of the lodging of the complaint and of its handling. The Seller shall decide on the complaint without delay, in complex cases within 3 business days; the complaint, including the remedy of the defect, shall be handled without undue delay, no later than within 30 days of the date it is lodged, unless the Seller and the Consumer agree on a longer period.
6. The Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Praha 2, internet address: www.coi.cz, respectively adr.coi.cz, is competent for the out-of-court resolution of consumer disputes arising from the Sales Agreement. The Consumer may also use the online dispute resolution platform located at the internet address ec.europa.eu/consumers/odr.
Applies to a Customer who is not a Consumer:
1. In the case of a Sales Agreement concluded with a Customer who is not a Consumer, the parties agree that rights arising from defective performance are governed by Act No. 89/2012 Coll., the Civil Code, whereby the Seller is not liable for defects to the extent permitted by law.
12. Complaints Regarding the Provision of Electronic Services
1. The online store takes measures to ensure its fully correct operation to the extent resulting from current technical knowledge, and undertakes to remedy within a reasonable time all irregularities reported by Customers.
2. The Customer may notify the Seller of any irregularities or interruptions in the functioning of the online store service. Please report irregularities related to the functioning of the Store electronically to the address: [email protected]
3. In a complaint concerning irregularities related to the functioning of the online store service, please indicate the type and date of occurrence of the irregularity.
4. The Seller undertakes to respond to the complaint without delay, no later than within 14 days from the date of its effective submission.
13. Personal Data in the Online Store
1. The controller of the Customers’ personal data, within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), collected via the online store, is YESTEAM LLC, with its registered office at 102 Gold Avenue Southwest, 87102 Albuquerque, USA.
2. Data is processed in accordance with the Privacy Policy available on the Seller’s website at: sushipak.cz/zasady-ochrany-osobnich-udaju.
3. The personal data controller is not liable for the provision of untrue personal data by the Customer.
4. Data is processed for the period necessary to perform the Sales Agreement and for the period resulting from legal regulations (e.g. on keeping accounts). In connection with defence against claims, data may be processed until such claims become time-barred. Data processed on the basis of consent is processed until such consent is withdrawn.
5. Data may be made available to entities authorized to receive it on the basis of legal regulations, as well as to processors (in particular couriers and payment service providers) to the extent necessary to perform the Sales Agreement.
6. The Customer has the right to lodge a complaint with the supervisory authority, which is the Office for Personal Data Protection (Úřad pro ochranu osobních údajů, ÚOOÚ), with its registered office at Pplk. Sochora 27, 170 00 Praha 7, regarding the processing carried out by the Controller.
14. Legal Disclaimers
1. The materials contained on the sushipak.cz website are informational in nature. The Seller shall not be liable for damage arising in connection with the use of the information presented within the Store under any circumstances, nor for the consequences of decisions taken on this basis.
2. The Seller shall not be liable for information, opinions or comments disseminated by Customers on websites, nor for damage resulting from events beyond the Seller’s control, in particular for the infringement by Customers of the rights of third parties or of generally applicable regulations.
3. Reviews are not verified as to their origin from consumers who have used or purchased the product.
4. The Customer bears sole responsibility for the content of reviews, information and other statements of their own made by means of the website: sushipak.cz.
5. The website: sushipak.cz, as well as its content, is protected under Act No. 121/2000 Coll., the Copyright Act. Copying and dissemination beyond one’s own personal use may take place only after obtaining the prior written consent of the Seller and only within the scope indicated at that time.
15. Final Provisions
1. Agreements concluded via the Store are concluded in the Czech language.
2. The Seller reserves the right to make changes to the Terms for important reasons, namely: changes to legal regulations, changes to payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms. The Seller shall inform the Customer of each change at least 7 days in advance.
3. In matters not regulated in these Terms, generally applicable provisions of Czech law shall apply, in particular Act No. 89/2012 Coll., the Civil Code, Act No. 634/1992 Coll., on Consumer Protection, Act No. 480/2004 Coll., on Certain Information Society Services, and Act No. 110/2019 Coll., on Personal Data Processing.