Terms and Conditions

I. General Provisions

These terms and conditions (hereinafter referred to as ‘terms and conditions’) apply to the purchase of goods by a consumer (hereinafter referred to as ‘buyer’) in the Rising Tea online store located at www.risingtea.com (hereinafter referred to as ‘website’). The Rising Tea online store is operated by Martin Drábek (hereinafter referred to as ‘seller’).

 

If you are interested in our goods and want to cooperate wholesale, contact us. Terms and conditions do not apply to wholesale cooperation.

 

Terms and Conditions govern the mutual rights and obligations of the buyer and the seller arising in connection with or on the basis of the contract of sale (hereinafter referred to as ‘contract of sale’ or ‘contract’). The legal relationship between the buyer and the seller is governed by the law of the Czech Republic. Relationships not regulated by terms and conditions are governed by the Civil Code (Act No. 89/2012) and the Consumer Protection Act (Act No. 634/1992).

 

By completing your order or registering on the website you confirm that you have read the terms and conditions and that you agree to them without any reservations.

II. Contact details of the seller

Name: Martin Drábek

Address: Boční 547, Velký Týnec, 78372, Czech Republic

Company number: 75569892

Phone: +420777029901

E-mail: info@risingtea.com

III. Contract of sale

1. By completing an order on the website, a contract of sale is concluded between the buyer and the seller.

 

2. By a contract of sale, the seller undertakes to deliver a thing which constitutes the subject of the purchase to the buyer and allow him to acquire the right of ownership therein, and the buyer undertakes to take over the thing and pay the seller the purchase price.

IV. Information about goods and price

 

1. Information about the goods and its price is binding except for an obvious error.

 

2. The price of goods listed on the website includes VAT and any other domestic taxes and fees. The price of goods does not include transport costs (‘shipping’) and does not include other possible costs of delivery outside of the EU internal market (e.g. customs costs in third countries). Shipping and other possible delivery costs outside of the EU internal market are paid by the buyer.

V. Order cancellation and withdrawal from a contract, quality upon takeover, rights arising from a defective performance

1. Order cancellation and withdrawal from a contract

 

1.1. A buyer has the right to withdraw from a contract within fourteen days. The time limit starts from the date of the takeover of goods.

 

1.2. If a buyer withdraws from a contract, he shall, without undue delay and no later than fourteen days after the withdrawal, dispatch or hand over to the seller the goods received from him. The buyer bears the costs associated with returning the goods to the seller.

 

1.3. If a buyer withdraws from a contract, the seller shall, without undue delay and no later than fourteen days after the withdrawal, return to the buyer in the same way all funds (including the shipping price paid by the buyer to cover shipping costs from the seller to the buyer), which the seller received from the buyer under the contract.

 

1.4. If a buyer withdraws from a contract of sale, the seller is obliged to return the funds received from him only after the buyer has handed over the goods to the seller or proved to him that the goods were dispatched to him.  

 

1.5. A buyer is liable to a seller only for the reduction in the value of goods caused by the handling of the goods in a manner other than that which is necessary with regard to its nature and properties.

 

1.6. A buyer may not withdraw from a contract for the supply of: goods which were customised or personalised; foodstuffs (i.e. tea) and beverages; goods subject to rapid decay, as well as goods which were irreversibly mixed with other goods after supply; sealed goods which were unsealed after supply by the buyer and which are not suitable for return due to hygiene reasons.

 

1.7. If there is an obstacle to performance on the part of the seller, which he did not cause, preventing him from performing, also due to stock being sold out or unavailability of goods, the seller is entitled to unilaterally withdraw from the contract of sale by returning to the buyer without undue delay all funds received from him.

 

2. Quality upon takeover

 

2.1. A seller is liable to a buyer for a defect-free condition of a thing upon takeover. A seller is in particular liable to ensure that at the time the buyer takes over the thing:

 

a) the thing has the properties stipulated by the parties, and in the absence of such a stipulation such properties which the seller or producer described, or which the buyer expected given the nature of the goods concerned and the advertising presented by the seller or producer,

b) the thing is suitable to be used for the purpose stated by the seller or to which the thing of such kind is usually used,

c) the thing’s quality or design corresponds to the agreed sample or model if such quality or design was determined on the basis of an agreed sample or model,

d) the thing has the quantity, measurement or weight and

e) the thing meets the requirements laid down by legal regulations.

 

2.2. In case there is a defect within six months from takeover, the thing is presumed to have already been defective upon takeover. After six months from takeover, it is up to the buyer to prove that the thing was defective at the time of takeover.

 

3. Rights arising from a defective performance

 

3.1. The right of the buyer arising from a defective performance is established by a defect which a thing has upon the passage of the risk of damage to the buyer, even if it reveals later. The right of the buyer is also established by a defect which occurs later and which is caused by the seller’s breach of duty.

 

3.2. A buyer has no rights arising from a defective performance in case of a defect which he must have discovered at the conclusion of the contract by paying usual attention. This does not apply if the seller expressly assured him that the thing is free from defects or employed trickery to conceal the defect.

 

3.3. The buyer is entitled to assert his right arising from a defect which occurs in consumer goods within twenty four months from the takeover.

 

3.4. In the case of used consumer goods, which are sold as used according to its description, the buyer is entitled to assert his right arising from a defect which occurs within twelve months from the takeover.

 

3.5. The buyer is not entitled to assert his right arising from a defective performance to a defect of a thing sold for a lower price for which the lower price was stipulated, to the wear and tear of a thing caused by its normal use, to a defect of a used thing corresponding to the extent of use of the thing or its wear and tear upon takeover by the buyer, or if it follows from the nature of the thing. The buyer shall not have the right arising from a defective performance if, before the takeover of the thing, he was aware that the thing had a defect, or if it was caused by the buyer himself.

 

3.6. If a defective performance constitutes a fundamental breach of contract, the buyer has the right to:

a) have the defect removed by having a new defect-free thing or a missing thing supplied,

b) the removal of the defect by having the thing repaired,

c) a reasonable reduction of the purchase price, or

d) withdraw from the contract.

 

3.7. If a defective performance constitutes a non-fundamental breach of contract, the buyer has the right to:

a) have the defects removed

b) a reasonable reduction of the purchase price.

 

3.8. A fundamental breach of contract means such a breach of which the breaching party, at the conclusion of the contract, knew or should have known that the other party would not have concluded the contract had it foreseen such a breach; in other cases, a breach is presumed not to be of a fundamental nature.

 

3.9. If a thing lacks the properties specified in section 2.1., the buyer may also require the supply of a new thing without defects, unless it is disproportionate to the nature of the defect, but where the defect only concerns a component part of the thing, the buyer may only request a replacement of that component part; if it is impossible, he may withdraw from the contract. If, however, it is disproportionate to the nature of the defect, in particular where the defect can be removed without undue delay, the buyer has the right to have the defect removed gratuitously.

 

3.10. The buyer shall notify the seller of the right he has chosen upon the notification of the defect or without undue delay thereafter. The buyer may not change the choice made without the consent of the seller; this does not apply if the buyer requested the repair of a defect which proves to be irreparable. If the seller fails to remove the defects within a reasonable time limit or if he notifies the buyer that he will not remove the defects, the buyer may, instead of having the defects removed, request a reasonable reduction of the purchase price or withdraw from the contract. If the buyer fails to make his choice of right in time, he has the rights as if a defective performance constituted a non-fundamental breach of contract.

 

3.11. Even where a defect is removable, the buyer is entitled to have a new thing supplied or a component part replaced if he cannot use the thing properly due to the repeated occurrence of the defect after a repair or due to a larger number of defects. In this case, the buyer shall also have the right to withdraw from the contract

 

3.12. If a buyer fails to withdraw from the contract or assert his right to have a new defect-free thing supplied, its component part replaced or the thing repaired, he may require a reasonable price reduction. A buyer also has the right to a reasonable price reduction where the seller cannot supply to him a new defect-free thing, replace a component part of the thing or repair it, as well as where the seller fails to provide for a remedy within a reasonable time or where such a remedy would cause substantial difficulties to the consumer.

 

3.13. If a thing has a defect which creates an obligation for the seller, and it is a thing sold for a lower price or a used thing, the buyer has the right to a reasonable price reduction instead of the right to have the thing replaced.

 

3.14. A buyer may not withdraw from a contract or demand the supply of a new thing if he cannot return the thing in the same condition in which he received it. This does not apply if:

a) there has been a change in its condition as a result of inspection to discover a defect of the thing,

b) the buyer used the thing before the discovery of a defect,

c) the buyer did not cause the impossibility to return the thing in the same condition by an act or omission, or

d) the buyer sold the thing before the discovery of the defect, consumed it or altered the thing during its normal use; if it occurred only partially, the buyer shall return to the seller everything he still can and shall compensate the seller in the amount of the benefit he enjoyed as a result of the use of the thing.

 

3.15. The rights arising from defective performance are asserted by the buyer at the seller. The seller will confirm to the buyer without undue delay the beginning of the complaint handling process. In this confirmation, the seller shall state when the buyer asserted the right, as well as the expected time of handling the complaint.

VI. Settlement of disputes

In the event that a consumer dispute arises between the seller and the buyer (consumer) from the contract of sale, which cannot be resolved by mutual agreement, the buyer may submit a proposal for out-of-court settlement of such a dispute to the designated out-of-court settlement body which is the Czech Trade Inspection Authority (Česká obchodní inspekce).

 

Česká obchodní inspekce

Štěpánská 567/15

120 00 Praha 2

Czech Republic

 

E-mail: adr@coi.cz

Web: https://www.coi.cz/en/information-about-adr/

 

The consumer can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.

VII. Common Provisions

These terms and conditions may be changed to a reasonable extent due to necessity. The change of terms and conditions will be announced here on this page and the new version of terms and conditions will be published here on this page.

 

This version of terms and conditions is effective as of January 23, 2021.

 

If you have any questions, suggestions or reguests do not hesitate to contact us at info@risingtea.com