Terms and Conditions

 

Terms and Conditions

General Terms and Conditions of Cacaofé s.ro. registered social enterprise

 

1. Basic Provisions

 

These GTC regulate the relations between the contracting parties to the purchase contract, where on the one hand the company  Cacaofé s.ro. registered social enterprise with its registered office Nám. Ľ. Fullu 1665/2, 01008 Žilina, Slovak Republic identification number: 52069630 kept by the Commercial Register of the Slovak Republic, section Sro, entry 133054/B for the sale of goods through the online store located at the internet address cacaofe.scom as the seller (hereinafter referred to as the "seller") and on the other hand there is the buyer, who may also be a consumer (hereinafter referred to as the "buyer"). Further information about the seller is provided on the website www.kakawco.sk in the "Contact" section.

The buyer is a consumer or entrepreneur.

A consumer is a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of his business activity or other business activity.

The legal relations of the seller with the consumer not expressly regulated by these GTC are governed by

the relevant provisions of the Act. No. 40/1964 Coll., Civil Code, as well as related regulations.

An entrepreneur is understood to mean:

• a person registered in the Commercial Register,
• a person who conducts business on the basis of a trade license,
• a person who conducts business on the basis of a license other than a trade license pursuant to special regulations,

• a person who carries out agricultural production and is registered pursuant to special regulations.

 

For the purposes of the GTC, an entrepreneur is also understood to mean a person who acts in accordance with the previous sentence within the framework of his business activity. If the Buyer states his identification number (IČO) in the order, then he acknowledges that the rules set out in the GTC for entrepreneurs apply to him. Legal relations between the seller and the buyer, who is an entrepreneur, not expressly regulated by these GTC or the contract between the seller and the buyer, are governed by the relevant provisions of Act No. 513/1991 Coll., the Commercial Code, as amended, as well as related regulations. In the event of any differences between the GTC and the individual contract, the text of the contract shall prevail.

 

By placing an order, the Buyer confirms that he has had the opportunity to properly familiarize himself with these GTC, of ​​which the "Complaints Procedure" and the "Delivery" document form an integral part, the terms of the ordered service and/or the provided license authorization, and that he agrees with them, in the wording valid and effective at the time of sending the order.

By purchasing products that are in the seller's commercial offer, the Buyer does not acquire any rights to use registered trademarks, trade names, company logos or patents of the seller or other companies, unless otherwise agreed in a specific case by a special contract.

 

1. Purchase Contract

Conclusion of a purchase contract

If the buyer is a consumer, the proposal to conclude a purchase contract is the placement of the offered goods by the seller on the website, the purchase contract is formed by sending an order to the consumer buyer and acceptance of the order by the seller. The seller will immediately confirm this acceptance to the buyer by sending an informative email to the specified email, however, this confirmation does not affect the formation of the contract.

The resulting contract (including the agreed price) can be changed or canceled only based on the agreement of the parties or on legal grounds. For an exception to this procedure, see point VI. Ordering.

If the buyer is an entrepreneur, the proposal to conclude a purchase contract is the order for goods sent by the buyer to the entrepreneur, and the purchase contract itself is concluded at the moment of delivery of the seller's binding consent to the buyer's entrepreneur with this proposal. The seller is not responsible for any errors in data transfer. The contract is concluded in the Slovak language.

The concluded contract is archived by the seller for at least ten years from the end of the year in which it was concluded and is not accessible to third parties. Information about the individual technical steps leading to the conclusion of the contract is clear from these terms and conditions, where this process is clearly described. The buyer has the opportunity to check it and possibly correct it before sending the order. These GTC are available on the seller's individual portals, thus enabling their archiving and reproduction by the buyer.

The costs of using remote communication means (telephone, internet, etc.) to place the order are at the usual level, depending on the tariff of telecommunications services used by the buyer.

If the buyer-consumer orders services, then hereby agrees that they will be provided to him before the expiry of the statutory withdrawal period.

2. Delivery of the object of purchase

By the purchase contract, the seller undertakes to hand over the object to the buyer, provide the digital content/license that is the object of purchase, and enable him to acquire the ownership right/license to it, and the buyer undertakes to take over the object/digital content and pay the purchase price to the seller.

The seller reserves the right of ownership to the object, and therefore the buyer becomes the owner only after the purchase price has been paid in full. This rule also applies in the case of purchasing a license or service.

The seller shall hand over the item to the buyer, as well as the documents relating to the item, and shall enable the buyer to acquire ownership of the item/license in accordance with the contract.

The seller shall fulfill the obligation to hand over the item to the buyer if he allows the buyer to handle the item at the place of performance and notifies him of this in a timely manner.

If the seller is to ship the item, he shall hand over the item to the buyer - entrepreneur by handing it over to the first carrier for transportation for the buyer and shall enable the buyer to exercise the rights under the transport contract against the carrier. The seller shall hand over the item to the buyer - consumer only when the carrier hands it over the item.

The seller shall hand over the item to the buyer in the agreed quantity, quality and design. If it is not agreed how the item should be packaged, the seller shall package the item according to custom; if there are no customs, then in the manner necessary for the preservation and protection of the item. The seller will procure the item for transport in the same manner.

With regard to minimizing the occurrence of damage and ensuring trouble-free supply, the seller reserves the right to deliver the goods to the buyer who, within one order and/or one day, ordered goods with a total value exceeding 1,500 euros including VAT, only after full payment of the total purchase price. As soon as the buyer pays the total purchase price of the purchased goods, the seller will dispatch the goods in accordance with the buyer's requirements specified in the order.

III. Security and information protection

When processing personal data, the seller proceeds in accordance with 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, repealing Directive 95/46/EC and Act No. 18/2018 Coll. on the protection of personal data and on amendments and supplements to certain laws as currently in force.

 Detailed information on how the seller collects, processes and protects the personal data of buyers is provided in the document Conditions for processing personal data, which is accessible on the seller's individual portals.

 For the purpose of preventing criminal activity and minimizing damages, the seller reserves the right to refuse an order placed by the buyer from a blocked IP address if this IP address is on the so-called blacklist. In case of problems with the order, the buyer can contact the seller by e-mail at info@kakawco.sk or by phone at +421 948 691 481.

1. Operating hours

Orders via the Internet or through the seller's staff:

            Opening hours:  automatic order confirmation: Monday - Sunday: 00-24

 customer service: operating hours

 

In the event of an information system failure or force majeure, the seller is not responsible for non-compliance with operating hours.

Customers will be informed about operating hours on days falling on public holidays at

www.kakawco.sk.

 2. Prices

 

All prices are contractual. The online e-shop always has current and valid prices. Prices are final, i.e. including VAT, if applicable. all other taxes and fees that the consumer must pay to obtain the goods, this does not apply to any fees for transport, cash on delivery and costs for means of distance communication, which are only listed within the so-called shopping cart and their amount depends on the Buyer's choice.

Promotional prices are valid until stocks run out when specifying the number of pieces of promotional goods or for a specified period of time.

The original price means the price of the goods/services/license for which the goods/services/license in question were offered by KakawCo+ without taking into account the total possible bonuses, marketing campaigns to support sales and other discount promotions on its operated e-shop, or the price non-bindingly recommended by the manufacturer or distributor, while the price that better reflects the price level of the given product on the market will always be displayed.

1. Ordering

The Buyer will receive the goods at the price valid at the time of ordering. The Buyer-consumer has the opportunity to familiarize himself with the total price including VAT and all other fees (PHE, etc.) before placing the order. This price will be stated in the order and in the message confirming receipt of the order of goods.

Ordering is possible in the following ways:

• via the online store kakawco.sk
• in person at KakawCo+ stores

Orders can be placed directly at one of our branches at any time during the opening hours of this branch.

 

Kakawco recommends that the Buyer place orders via the e-shop via the Buyer's registered profile on kakawco.sk. In the case of public access to the Internet, it further recommends that the Buyer log out of their profile after placing the order.

The Buyer will be informed of the exact time of delivery of the ordered goods via e-mail. The delivery time of the ordered goods and the shipping price depend on the shipping method that the Buyer chooses in the second step of the order within their cart.

 The Buyer acknowledges that there may be cases where the contract between the Seller and the Buyer is not concluded, especially in the case where the Buyer orders the goods at a price published in error due to an error in the Seller's internal information system. In such a case, the Seller shall inform the Buyer of this fact and shall have the right to withdraw from the contract.

The Seller reserves the right to declare the purchase contract invalid if there has been misuse of personal data, misuse of a payment card, etc., or due to the intervention of an administrative or judicial authority; the Buyer will be informed of such a procedure.

The Buyer acknowledges that in the above cases the purchase contract cannot be validly concluded.

The Buyer will receive the performance at the price valid at the time of ordering.

 

VII. Withdrawal from the contract

Withdrawal from the contract by the buyer who is a consumer In accordance with the provisions of Section 7 of the Act on Consumer Protection in the Sale of Goods or Provision of

Services based on a contract concluded at a distance or a contract concluded outside the seller's premises and on amendments and supplements to certain acts (Act No. 102/2014 Coll.), the buyer has the right to withdraw from the contract concluded in this way without giving a reason within 14 days from the date of receipt of the goods or from the conclusion of the contract for the provision of services, while it is necessary that a letter or a note on another durable medium (e-mail) about the withdrawal from the contract be sent to the seller within the specified period. The buyer has this right even if the goods ordered via the Internet were collected in person at the seller's delivery point.

Send the withdrawal and the goods to the address:

Cacaofé, Nám. Ľ. Fullu 1665/2, 01008 Žilina, Slovak Republic

The buyer has the right to unpack and test the goods within this period after receipt in a similar manner to what is usual when purchasing in a classic "brick and mortar" store, to the extent necessary to determine the nature, properties and functionality of the goods. The buyer consumer should return the goods complete, with complete documentation, undamaged, clean, if possible including the original packaging, in the condition and value in which the goods were received. The buyer is responsible for any reduction in the value of the goods that has arisen as a result of such treatment of the goods that goes beyond the treatment necessary to determine the properties and functionality of the goods. The consumer is not responsible for any reduction in the value of the goods if the seller has not fulfilled the information obligation on the consumer's right to withdraw from the contract pursuant to § 3 para. 1 letter a. h) of the Act on Consumer Protection in Distance Selling.

In the event that the goods are complete, including the original packaging, undamaged and do not show signs of use, the seller extends the above-mentioned period of 14 days for returning the goods to 30 calendar days from the date of receipt of the goods.

The money for the returned goods will be returned to the buyer-consumer no later than 14 days from the delivery of the notification of withdrawal from the purchase contract.

Except for cases where withdrawal from the contract is expressly agreed, the consumer may not withdraw from contracts:

a) for the provision of a service, if its provision began with the consumer's explicit consent and the consumer declared that he was duly informed that by expressing this consent he loses the right to withdraw from the contract after the service has been fully provided, and if the service has been fully provided services,

 b) the sale of goods or the provision of services, the price of which depends on price movements on the financial market, which the seller cannot influence and which may occur during the withdrawal period,

 c) the sale of goods made according to the consumer's specific requirements, goods made to measure or goods intended specifically for one consumer,d) the sale of goods that are subject to rapid deterioration or spoilage,

 e) the sale of goods enclosed in protective packaging that is not suitable for return for health protection or hygiene reasons and whose protective packaging was removed after delivery violated,

 f) the sale of goods which, because of their nature, may be inextricably mixed with other goods after delivery,

 g) carrying out urgent repairs or maintenance for which the consumer has expressly requested the seller; this does not apply to service contracts and contracts whose subject matter is the sale of goods other than spare parts necessary for carrying out repairs or maintenance, if they were concluded during the seller's visit to the consumer and the consumer did not order these services or goods in advance,

 h) the sale of sound recordings, video recordings, audiovisual recordings or computer software sold in protective packaging, if the consumer has opened this packaging,

 i) the sale of periodicals, with the exception of sales under a subscription agreement and the sale of books not supplied in protective packaging,

 j) the provision of accommodation services for purposes other than housing, the transport of goods, the rental of cars, the provision of catering services or the provision of services related to activities within the free time and according to which the seller undertakes to provide these services at the agreed time or within the agreed period,

 k) for the provision of electronic content other than on a tangible medium, if its provision began with the express consent of the consumer and the consumer declared that he was duly informed that by expressing this consent he loses the right to withdraw from the contract.

 

If the buyer decides to withdraw within the specified period, we recommend that in order to expedite the withdrawal, the goods be delivered to the seller's address together with an attached cover letter with any reason for withdrawal from the purchase contract (not a condition), with the purchase document number and the specified bank account number.

The consumer is obliged to return the goods or hand them over no later than 14 days from the date of withdrawal from the contract to the seller or a person authorized by the seller to take over the goods.

 

The buyer acknowledges that if he withdraws from the contract, he will bear the costs of returning the goods to the seller, and if he withdraws from a distance contract, also the costs of returning the goods, which due to their nature cannot be returned by mail.

The seller is not obliged to pay the consumer additional costs if the consumer has expressly chosen a method of delivery other than the cheapest common method of delivery offered by the seller.

Additional costs are understood to be the difference between the costs of delivery chosen by the consumer and the costs of the cheapest common method of delivery offered by the seller.

 The buyer acknowledges the fact that if gifts are provided with the goods, the gift contract between the seller and the buyer is concluded on the condition that if the consumer's right is exercised withdraw from the contract, the gift contract loses its effect and the buyer is obliged to return the gifts provided together with the returned goods. If these are not returned, these values ​​will be understood as unjust enrichment of the buyer.

If all the above conditions for returning the goods are met, the buyer will be entitled to a refund of the paid financial amounts associated with the returned goods, which will be returned to the buyer no later than 14 days after withdrawal from the contract. However, the seller is not obliged to return these payments to the consumer until the goods in respect of which the consumer withdraws from the contract are delivered to him, or until the consumer proves to him that these goods have been sent. The seller is obliged to refund the purchase price for the goods to the buyer in the same way that the buyer used for his payment, unless the buyer agrees with him on another method of refunding payments without the buyer being charged additional fees in this regard.

The seller points out that if the goods for which the consumer withdrew from the purchase contract are returned damaged, excessively worn, incomplete, without accompanying documentation (original proof of purchase, warranty card, instructions for use, etc.), or without gifts provided with the goods, the seller will claim the resulting damage against the consumer, possibly also through legal means through a legal representative. The seller warns that before each shipment of goods, he performs and documents the completeness and integrity of the goods.

 Withdrawal from the contract by the buyer who is an entrepreneur

In the event that the buyer is an entrepreneur, the buyer may be offered an alternative withdrawal from the purchase contract depending on the condition of the returned goods, the expired warranty and the current price of the returned goods. The condition of the goods is evaluated by the seller. In the event that conditions acceptable to both parties are not agreed upon, the goods will be returned at the seller's expense. The seller is entitled to charge the buyer any additional costs incurred.

In order to protect the buyer's rights, if the buyer is a legal entity and requests a refund by reimbursing the credit note directly at the shop, the relevant amount will only be paid to persons authorised to act for the legal entity concerned, i.e. to the statutory body or to a person who proves that he/she has an officially verified power of attorney.

You can download the form for withdrawal from the purchase contract by clicking on this link. 

VIII. Payment terms

The seller accepts the following payment terms:

1. cash payment up to 2,000 euros upon receipt of the goods at the point of delivery,
2. prepayment by bank transfer,
3. payment via a payment terminal upon receipt of the goods at the point of delivery

(by payment card),

4. payment via the bank's online interface (by payment card online),
5. cash on delivery of the goods (cash is collected from the customer by the carrier),
6. payment on invoice with maturity (only for entrepreneurs upon fulfillment conditions),

The goods remain the property of the seller until full payment and acceptance, however, the risk of damage to the goods passes to the buyer upon acceptance of the goods.

The buyer's billing information cannot be changed retrospectively after the order has been sent.

   Invoicing

In addition to the goods, each package also contains a pro forma invoice. The pro forma invoice does not serve as a tax document. We send the invoice electronically within 14 days of receiving payment. The invoice is available for download in PDF format in the text of the e-mail informing about the receipt of payment for the goods.

   Delivery conditions

Personal collection: Only the buyer can collect the goods. This person must be sufficiently identified and prove his/her identity with a valid ID card or valid passport.

Shipping by shipping service - SR: The goods can be sent to the buyer by shipping service. Individual methods of transport are offered according to the current availability of individual services and with regard to capacity and travel options. In the event of force majeure or information system failure, the seller is not responsible for delayed delivery of goods. The shipping price is governed by the current price list on the day of the order.

The buyer is obliged to check the condition of the shipment (number of packages, integrity of the tape with the company logo, damage to the box) with the carrier immediately upon delivery according to the attached shipping note. If damage to the shipment is detected, the buyer is obliged to make a record of the extent and nature of the damage with the carrier's representative. Based on the record thus made, the buyer may subsequently refuse to accept the delivered goods that do not comply with the purchase contract, refuse to accept the goods with a defect or confirm the delivery of the goods with a defect and subsequently file a claim for defects with the seller. If the buyer discovers damage or other irregularities only after receiving the shipment, he is obliged to contact the seller immediately. If he fails to do so, claims for advertised defects will be granted only if he proves that the goods already had these defects at the time of receiving them.

Incomplete or damaged shipments must be reported immediately by e-mail to

constactus@kakawcoplus.com or by phone at tel. no. +421 948 691 481, draw up a damage report with the carrier and send it by e-mail or by post to the seller without undue delay. Additional complaints about incompleteness or external damage to the shipment do not deprive the buyer of the right to complain about the item, but they give the seller the opportunity to prove that there is no conflict with the purchase contract.

   Warranty conditions

The warranty conditions for the goods are governed by the Seller's Complaints Procedure and the applicable legal regulations of the Slovak Republic. The purchase document serves as a warranty certificate.

XII. Final provisions

According to Act No. 391/2015 Coll. on alternative dispute resolution for consumer disputes, the consumer has the right to contact the seller with a request for redress if he is not satisfied with the way in which the seller handled his complaint or if he believes that the seller has violated his rights.

The consumer has the right to submit a proposal to initiate alternative dispute resolution with an alternative dispute resolution entity if the seller responded negatively to the request or did not respond to it within 30 days from the date of its sending.

A link to the alternative dispute resolution platform for consumer disputes, through which the consumer can submit a proposal to initiate alternative dispute resolution, can be found here. 

These General Terms and Conditions are valid and effective from 10.5.2023 and cancel the previous versions of the GTC. The Seller reserves the right to change the GTC without prior notice.

The change in the GTC does not apply to purchase contracts concluded before the change in the GTC, regardless of whether the goods have not yet been delivered.⠀