General Terms and Conditions
SHIN sro, based in Prague 6, Rackova 921/20, Postal Code 160 00, ID: 264 22 824, registered in the Commercial Register at the Municipal Court in Prague, Section C, File 81054, the establishment Praha 2, Crown 1186 to 1147, Postal Code: 120 00, issued under the provisions of this § 1751 et seq., 1810 an.a § § 2079 et seq. Law No. 89/2012 Coll., the Civil Code, these:
General Terms and Conditions
1. Initial provisions
These conditions govern the mutual rights and obligations of the parties in connection with or arising under a contract entered into between SHIN Ltd. (hereinafter referred to as "Seller") and any other legal or natural person (hereinafter referred to as "Buyer") through an online store seller. Online Store is operated by the seller on the web page located at: www.shinfood.com.
2. Identification of services
Purchase Agreement with the Seller undertakes to the Purchaser submits the matter which is the subject of purchase, ie the Japanese and Korean food and other goods (the "Goods") and allows him to acquire title to own it, and the buyer agrees to assume pay to the Seller the purchase price.
All of goods presented on the website of e-shop is only informative and the seller is not obligated to enter into a purchase agreement regarding all those products.
From to order goods, the buyer orders the form on the business web interface. The order form contains mainly information:
• the ordered goods ( the buyer ,,insert” ordered goods into an electronic shopping cart business web interface),
• the method of payment of the purchase price, the details of the desired method of delivery of goods ordered and,
• the costs associated with the delivery of goods (hereinafter collectively referred to as the ,,Order”).
Before sending the order, the purchaser to check and modify the data inserted in the order, and with the respect to the buyer´s ability to detect and correct errors during data entry to order.
To complete the order is needed the registration, where buyers indicate their contact information for the dispatch of the goods.
All orders, which are completed by the purchaser confirmation of the order in the electronic order form, are binding for the buyer. The buyer further acknowledges that it is familiar with that GTC.
Buyer will receive confirmation email after the order, which it will be informed of the conclusion of the purchase contract. The email will contain the information about the order, its number and purchase, including the designation and quantity. By sending this e-mail, the order becomes binding from the seller.
The purchase contract is concluded at the time of payment of the purchase price.
Seller does not guarantee the availability of raw materials. In the absence of some ordered raw materials buyer will be contacted by the seller with the trying to offer him an alternative solution.
Prices are current at the time an order.
Prices of goods include with VAT and without transport. It is added at the end of the order according to the select mode of transport.
Prices of the goods and any costs associated with the delivery of goods under the purchase contract the buyer to pay the seller the following ways:
• cashless payment card,
• wire transfer,
• cash on the delivery through Direct Parcel Distribution CZ (hereinafter referred to as ,,DPD”),
• in cash upon personal delivery.
With the purchase price, the buyer is obliged to pay the costs associated with packaging and delivery at an agreed rate. Unless expressly stated otherwise, the purchase price and the costs associated with the delivery of the goods.
In the case of payment in cash or in the case of payment on delivery, the purchase price is due upon receipt of goods. In the case of cashless payment of the purchase price is due within 4 days from the purchase contract. If the purchaser within the time limit does not pay the purchase price, the seller has the right to cancel the order and any associated costs which the seller will feel as property damage, will be added to the buyer.
In the case of cashless payment by the buyer to pay the purchase price at the time met the appropriate amount to the bank account of the seller.
Ordered goods can be transported to the buyer the following ways:
• personal acceptance by the seller,
• through DPD
Price of transport through the DPD is charged according to the standard prices listed in the price list DPD. Transport cost is thus currently 99,- CZK for goods weighing up to 50 kg, provided that in the case of selecting payment on delivery fee still be charged with this combined 25,- CZK. Price of transport in personal acceptance by the seller is free.
The delivery of goods occurs within 48 hours after the ordered by the buyer.
Claims are governed by Law No. 89/2012 Coll., The Civil Code and Law No. 634/1992 Coll., about The Consumer Protection, both as amended by subsequent legislation. Seller is responsible that the goods on delivery do not have flaws. In particular, the seller is liable to the buyer at the time when the buyer took the goods:
• the goods have a characteristics, which the parties have agreed, and in case when the agreement absence, the goods have the characteristics that describe the seller or the manufacture or purchaser expected given the nature of the goods concerned and the advertising they carry,
• the goods correspond to the purpose for which the use or seller lists for which goods of the same type are normally used,
• the goods conform to the quality or implementation of the agreed sample or template, if it was quality of performance determined in accordance with the agreed sample or template,
• the goods are in quantity, measure or weight, corresponding to the order,
• the goods complies with other regulations that apply to it.
In case there is defect within six months of receipt and/or in the case of food products with a specified minimum shelf life for this life, it is considered that the goods were already defective upon delivery.
The buyer is entitled to exercise the right of defect which occurs in consumer goods during the twenty-four months from receipt.
This does not apply to items sold at a lower price for a defect for which the lower price arrangement, the wear and tear caused by normal use and used stuff to defect by use or wear that thing should take over the buyer, and/ or if it appears to the nature of things.
If it is a fungible thing on which is marked the shortest shelf life or perishable foods, on which are marked the period during which the case may be used, true that this product can be used only for such periods and goods is not possible later claimed.
The rights of defective performance claims buyer with the seller at his mailing address (see identification of the seller). For a moment a claim is considered to be the moment when the seller receives from the buyer claimed goods.
The seller or an authorized person by a decision on the complaint immediately, in complicated cases within three working days. This period does not include the time reasonable in the type of product or service required for expert assessment of the defect.
Claims, including the removal of defects must be handled without undue delay, within 30 days of the claim, unless the seller and the consumer agree on a longer period. The expiry of that period is shall be deemed a fundamental breach of contract.
2.6. The consumer
Buyer shall be deemed to consumers if, as a person enters into a purchase agreement outside their business of frame independent exercise of their prefession.
Entrepreneur and the consumers use when contracting means of communication that allows a contract without the simultaneous physical presence of the parties (hereinafter referred to as ,,means of distance communication”).
The seller must give the consumer a written acknowledgment of receipt of the order, which will be sent to the e-mail address provided by the buyer. Confirmation must contain an indication of the subject service, its scope, quality, price for the service and the date of its execution.
If the contract was concluded by means of distance communication, the consumer is entitled to cancel the contract without giving any reason and without penalty within 14 days of receipt of benefits. The deadline for withdrawal is considered to be preserved if the consumer during the course of the entrepreneur sends a notification withdrawing from the contract. The consumer can withdraw from the contract for the supply of goods which are subject to rapid deterioration, as well as goods which delivery irreversibly mixed with other goods and supply of sealed goods which the consumer has removed from its packaging and hygiene reasons, it cannot be returned.
In case of withdrawal, the consumer shall bear the cost of returning the goods, and if it is a contract concluded by means of distance communication, the cost of returning the goods, if the goods cannot be returned because of their nature ordinary postal route. Part of the online store of seller located at www.shinfood.com is a form <link for location form> for eventual withdrawal.
3. Possibility to change the Terms & Conditions
The seller reserves the right to change the Global Terms & Conditions. They shall come into effect at the time of publication on the location <link on GTC >.
Orders made before changing the GTC I s governed by the GTC in effect at the time of order.
It is pretended, that the buyer who is looking for goods after they change GTC comes in effect, the new GTC agrees.
4. The create a new customer
Upon the registration of the buyer on the website, the customer can access their user interface. From its user interface buyer can order goods (hereinafter referred to as ,,User Account”).
When he registers on the website and ordering goods the buyer is obliged to provide correct and true information. The data presented in the user account, the buyer when any change required updating. The data referred to buyer´s user account and ordering goods by the seller are deemed to be correct, and as such they are treated.
Seller may cancel user account, especially if the buyer his user account does not use for more than 24 months and/or if the buyer breaches GTC.
Buyer acknowledges that the user account may not be available at all times, especially with regard to the necessary maintenance of hardware and software vendor, or necessary maintenance of hardware and software of third parties and/or the problems caused by a technical failure.
5. Password and internet security
Access to the user account is secured by username and password.
The buyer is obligated to maintain the confidentiality of the information necessary to access the user account is not authorized to allow the use of a user account to third parties.
For all activity originating from the account of the buyer and/or his authorized password is the responsibility of the buyer.
In the event of unauthorized use of your password buyer and/or his account, the buyer is obliged to send a message to the seller.
6. The protection of Intellectual property
The owner and operator of the online store at www.shinfood.com is the seller, which is in accordance with Law No. 121/2000 Coll., Copyright Act, entitled to exercise the right to this online store.
Seller holds all copyrights to the content, including visualization and website design, on which the web store is located, all images on those pages, and databases on this website.
Anyone, who visits www.shinfood.com is required when using them to obey the laws of the Czech Republic and the EU, to act in accordance with good morals and GTC, especially not to harm the reputation of a seller´s rights or the rights of others, who visit the site.
Anyone, who visits the site, agrees that in particular will not:
• use as a whole or individual parts of the website other that for personal use, especially not in excess of their needs copy, download and distribute the content of the website,
• interfere with another to use the website and in any way they use these websites to defend,
• interfere in any way without the consent of the seller on content or technical nature of the website,
• interfere with security of the website,
• use the website to send unsolicited messages (spam) or chain messages sent to this site or any dangerous viruses and malicious programs,
• send messages to website that contain viruses or any dangerous or harmful programs,
• create hoaxes (fake) for the purpose of masking the identity of the user, or attempt to penetrate the other buyers.
7. The abuse services and its consequences
Seller is entitled objectionable content from websites www.shinfood.com remove and require and enforce the seller that their abuse caused injury to the seller, payment of the full amount of the injury. Injury means any property and/or non-material damage caused by the seller and/or the injury to the company applied the third party seller, which as a result of buyer misuse www.shinfood.com this damage occurred. Injury is understood as direct damage and necessarily incurred any costs and expenses associated with the exercise of the right to compensation and removal of a defective condition that was abuse services. For injury is also considered a fine, which the competent administrative authority granted to the seller, for breach of the legislation, as a result of misuse the service for buyers.
In the same way that buyer is responsible for harm caused, also by a third party who causes harm to the seller in accordance with these GTC.
8. Responsibility, the possibility of unavailability of service and irresponsibility of services provider
Seller is making every effort to ensure accuracy, factual accuracy and timeliness of the content www.shinfood.com, yet for the buyer always be guaranteed. For that reason, the seller makes no warranty to that effect and shall not be liable for any errors, omissions or technical difficulties, when using the website may occur. If the seller learns about the inaccuracies of content and if it is technically possible and economically feasible, he shall correct content in the shortest possible time.
Seller is not responsible in particular for:
• content of websites belonging to third parties, that are accessible through www.shinfood.com, links to third party sites placed on www.shinfoo.com, advertising or other form of promotion conducted by any third party through www.shinfood.com,
• content located on www.shinfood.com without his consent or knowledge, if the seller is not technically possible and reasonable to prevent the use,
• incompatibility www.shinfood.com terminal equipment, software purchaser and/ or its connection to the electronic communications network (internet)
• technical problems including errors and lapses of communication with www.shinfood.com
9. Protection of personal data
Seller shall proceed with the processing of personal data by the buyer in accoradance with Law No. 101/2000 Coll., On the protection of personal data and amending certain laws, (further as the ,,Act for the Protection of personal data”), and the obtained personal data is treated confidentially.
Buyer grants to the seller consent to the processing of personal data supplied by it (hereinafter referred to as ,,data”) pursuant to § 5 of privacy.
Buyer agrees to process the data provided by him for the purpose of providing services, in particular the adoption of the order, the processing, delivery to destination, payment transactions, billing services; communicate with the buyer during the realization of the demand and the like.
Buyer consents to the processing of personal data supplied by it for valid registration.
Data provided voluntarily buyer, through a web application or phone customer service lines.
Consent under this Article, the buyer may withdraw at any time through customer phone line or by writing to the address of the seller.
The rights of the buyer:
• To a request for information relating to data processing, the seller is obliged to keep such information without undue delay provide. The content of communication will always be information about:
- the purpose of the processing,
- of the data undergoing processing, including all available information about the source,
- the nature of the automated processing in relation to its use for decision making if they are based on the processing of acts or decisions, which include the interference with the rights and legitimate interest of the buyer.
• In addition, the buyer has the right to:
- of access to data,
- require that data in accordance with the law on the protection of personal data,
- any time withdraw consent by written notice delivered to the seller.
• If the buyer believes that the seller is processing data in violation of the protection of private and personal life of the purchaser or in conflict with the law, especially if the data are inaccurate for the purpose of processing, can:
- ask the seller for an explanation
- ask the seller to correct the condition or,
- of contact with the Office for Personal Data Protection.
10. Other arrangements
Non-compliance or participation in activities that in any way violates these GTC, exposing the purchaser the option of direct sanctions of legal action against him.
Seller reserves the right to immediately terminate or suspend indefinitely the provision of services by the buyer, why broke the GTC. Providing services vendor to quit if they will recognize that the buyer commits unacceptable behavior, an assessment is subject to pure discretion of the seller and can be done without giving a reason.
These GTC as well as all liabilities incurred through the online store seller on our website www.shinfood.cz are governed by Czech law and the relevant provisions of EU law. Solving the dispute is fully within the jurisdiction on the court Czech Republic locally the place of residence of the seller.
If any provision of the GTC was found by a competent court to be invalid, the invalidity of such provision shall not affect the other provisions of the GTC, which in this case will remain valid and effective.
In the case of differences between language translations is always decisive mutation of GTC in the Czech language.