Terms and Conditions
General Terms and Conditions of the Alaskan Fisherman a.s. online shop, effective from June 12, 2023
I. Introductory Provisions
- Online Shop Operator:
Alaskan Fisherman a.s.,
Company ID No: 09924451,
VAT No: CZ09924451
Registered office at V celnici 1034/6, 110 00 Prague 1 - New Town
Registered in the Commercial Register maintained by the Municipal Court in Prague, Section B, File 26090
(hereinafter referred to as the "seller")
- These general terms and conditions (hereinafter referred to as "T&C") regulate the legal relationship between the seller, i.e. Alaskan Fisherman a.s., with its registered office at V celnici 1034/6, 110 00 Prague 1 - New Town, Company ID No: 09924451, registered in the Commercial Register maintained by the Municipal Court in Prague, Section B, File 26090, and the buyer, i.e. a legal or natural person (also referred to as the "buyer"). Legal relationships according to these T&C arise based on the conclusion of a purchase agreement (hereinafter referred to as the "purchase agreement") between the buyer and the seller or in connection with it, within the framework of the online shop operated by the seller at www.alaskanfisherman.cz (also referred to as the "website"). All contractual relationships according to these T&C are governed by the laws of the Czech Republic and these T&C. The T&C are issued in accordance with Section 1751 of Act No. 89/2012 Coll., the Civil Code as in force (hereinafter referred to as "CC").
- In the context of the online shop in question, the seller sells frozen fish, fresh fish and fish specialties for consumption, as well as other similar products (hereinafter referred to as "goods").
II. Legal Regime
- Ordering of goods, their delivery, payment, manner and possibilities of exercising rights from defects, as well as all other rights and obligations from business transactions made through the online shop mentioned above, are subject to the regime of these terms and conditions, while applying statutory provisions according to valid legal regulations, arrangements between the contractual parties, as well as the complaint procedure in the wording published on the seller's website.
- If a legal relationship related to the use of the website mentioned below or a legal relationship based on a purchase contract contains an international element, then the seller and the buyer agree that this relationship is governed exclusively by Czech law. Any disputes arising from legal relationships between the buyer and the seller will be resolved by the materially and locally competent courts in the Czech Republic, according to the relevant provisions of Act No. 89/2012 Coll., the Civil Code, as amended, as well as related regulations.
- Provisions deviating from the T&C can be agreed upon exclusively in a purchase agreement concluded in writing between the seller and the buyer. Deviating agreements in such a concluded purchase agreement take precedence over the provisions of the T&C.
- In addition to these T&C, the seller also issues a complaint procedure in order to define the rules for claiming rights from defects in goods.
III. Conclusion of the Purchase Agreement
- To conclude a purchase agreement according to these Terms and Conditions (T&C), it is necessary for the buyer to create a customer account (hereinafter referred to as the "user account") on the seller's website. The user account represents the buyer's customer profile, which includes their billing details, delivery address, credit card details, email address for informing the buyer about the status of individual product orders, and for confirming payments, as well as other necessary data for long-term creation of regular orders and their subsequent management. The user account also serves to inform the buyer about the status of the product order. Regular long-term orders can be made at delivery intervals according to Art. III, Sec. 3 of the T&C via the user account. The buyer is responsible for the accuracy and timeliness of the data recorded for this purpose on their user account. They are obliged to check and, if necessary, update this data during subsequent orders. The buyer is responsible for the completeness, timeliness, and accuracy of the data maintained in their user account. The seller is not liable for defective performance resulting from incorrect or outdated data provided by the buyer in the user account interface.
- By entering into the agreement under these T&C, the buyer consents to the user account remaining active with the included data for the entire operation of the website. However, should the buyer express a desire to change or delete their user account, the seller is obliged to follow the buyer's instructions. This does not affect the seller's rights to process the buyer's personal data for the purpose of fulfilling legal obligations and for the purpose of protecting its interests.
- The purchase agreement according to these T&C stipulates a regular delivery of goods between the buyer and the seller. The frequency of goods deliveries and their type is agreed upon between the contracting parties according to detailed order specifications, with the possibility to schedule the deliveries in the following intervals:
- Every month
- Every two months
- Every three months
- The frequency of delivery, as specified in Art. III, Sec. 3 of this Agreement, depends on the buyer's choice, who is entitled to change the frequency and dates of delivery after logging into their user account. When executing the order, the buyer is obliged to verify all data stated therein.
- The web interface of the online store contains a list of goods offered for sale by the seller, along with a description of their general characteristics, including the prices of each type of offered goods. The offer to sell goods and the prices of these goods remain valid as long as they are displayed in the web interface of the store. All offers to sell goods placed in the web interface of the store are non-binding and the seller is not obliged to conclude a purchase agreement regarding this goods. The provision of § 1732 paragraph 2 of the Civil Code does not apply.
- The seller fulfills their obligation to deliver the goods to the buyer by allowing them to handle the goods. If the seller is supposed to send the goods, they deliver them to the buyer by handing over to the first carrier for transport to the buyer and enabling the buyer to enforce the rights from the transport contract against the carrier. The seller ensures the delivery of goods to the buyer through a specialized courier service operator equipped for the transport of frozen products. The specific carrier is indicated on the website (hereinafter the "courier service"). The seller informs the buyer in general about current delivery options on their website. The website also provides information on the costs associated with packaging and delivery of goods, which only apply to deliveries within the Czech Republic.
- The courier service will notify the buyer about the delivery of specific goods ordered via a confirmation email, which will also include the estimated delivery date according to the courier service's delivery schedule, no later than 5 days before the shipment of goods. By concluding a contract according to these T&C, the seller and buyer agree to the possibility of delivering goods for the benefit of the debtor - the seller. The buyer is not authorized to cancel the order in a period shorter than at least 5 days before the announced shipment of goods by the seller. If the buyer does not meet the cancellation deadline as stated above, they are obliged to pay the full purchase price for the goods.
- By concluding a contract with the seller, the buyer expresses their agreement with the method of transportation and the payment of costs associated with packaging, as well as transport, by confirming and sending the order.
- The buyer is obliged to check the correctness of the delivered goods at the time of receipt, as specified on the outer packaging of the goods. In case of incorrect delivery of the ordered product, damage, or violation of the packaging, incompleteness, or suspicion of non-standard handling of goods during transport, the buyer is authorized not to accept the goods and to notify both the carrier and the seller about the mentioned facts immediately. Late notifications will not be considered.
- The buyer makes orders for a specific period according to Art. III, Sec. 3 of the T&C through their user account, whereby the data filled in from the user account is automatically transcribed into the order form by subscription. The buyer creates an order through their user account by placing the desired goods on the website into the cart by clicking on the "Add to Cart" button and then clicking on the "Send" button to send the order "placed in the cart" to the seller. Automatic transcription of buyer's data from the user account occurs with each new order. Sending an order from the buyer in the way mentioned in the previous sentence, from the user account through the web interface, is considered a proposal to conclude a purchase contract, based on which the seller ensures the delivery of the ordered goods at intervals chosen by the buyer. Before sending the order to the seller, the buyer is allowed to check and change the data in the user account, data related to the quantity of goods being taken and the time intervals of goods deliveries according to Art. III, Sec. 3 of these T&C, or data concerning the delivery address.
- After the seller receives the order from the buyer via the web interface, they will send the buyer a confirming message to the email specified in the order, which will contain information about the approximate date of dispatch of goods to the buyer's address. The delivery dates of the goods depend on the schedule of the courier service. The purchase contract is concluded in such a way that the seller confirms the buyer's order by email, at price conditions according to the prices currently published on the website. By sending the order, the buyer confirms that they have acquainted themselves with the seller's T&C and expresses their unconditional consent with these T&C.
- If, after confirming the order before dispatching the goods by the seller, it is found that the price was set incorrectly due to an administrative error on their part, the seller will notify this fact to the buyer's contact email. The delivery of such an informational email to the buyer has the effect of the seller's withdrawal from the contract. The seller is entitled to propose to the buyer in the informational email to conclude a purchase contract for the purchase of goods under newly set price conditions. In the case that the buyer expresses their agreement with the newly set price in the subsequent email communication, the purchase contract for the goods is considered concluded.
- The buyer expresses their consent to the use of remote communication means when concluding a purchase contract. The buyer pays for the costs incurred when using remote communication means in connection with the conclusion of the purchase contract (costs for internet connection, costs for telephone calls, etc.).
- The seller bears no responsibility for incorrect selection or improper handling of goods that the buyer ordered through the website.
- After concluding the purchase contract with the selected frequency of goods delivery according to Art. III, Sec. 3 of the T&C, the seller will present to the buyer a list of estimated delivery dates for the goods by the courier service.
- Regular delivery of goods can be cancelled at any time, subject to the restrictions stated in Art. III, Sec. 7 of the T&C. The regular delivery of goods is cancelled no later than the day following the day on which the last delivery of goods was delivered to the buyer in the sense of Art. III, Sec. 3 of the T&C.
IV. Price of Goods and Payment Methods
- The price of goods and any costs associated with the delivery of goods under the purchase agreement must be paid by the buyer to the seller exclusively by credit card, which is registered to his user account, through the payment gateway. Subsequent payments can be made in case of repeated orders of goods, based on the data stated in the buyer's user account.
- For the purpose of setting up a user account, it is necessary to provide the buyer's credit card number when creating it and to make an authentication payment of 1 CZK. A one-crown block (according to bank conditions) is used to verify payment details, which are then ready for repeated payments as part of the subscription. By making the authentication payment, the buyer expresses his unconditional consent to the automatic execution of subsequent payments for ordered goods according to subsequently executed orders. Therefore, the subscription is set with an automatically recurring payment, which takes place according to the length of the chosen period. By sending each individual order from his user account, the buyer expresses his consent to the payment through the credit card mentioned by him, which relates to the user account.
- The setting of the subsequent payment can be changed by phone, through the email [email protected] or within the user account settings. In the case of repeated payments, there is no limit set by the seller for the amount of payment; payments can be repeatedly in the same or different amount, each payment corresponding to the quantity or type of ordered goods and its price on the day of order execution.
- By concluding the contract according to these T&C, the buyer expressly agrees that the payment for the goods order will be deducted from the credit card registered to the user account.
- By concluding the purchase contract according to these T&C, the buyer undertakes to also pay the seller the costs associated with packaging and delivery of goods in the agreed amount. Unless otherwise expressly stated, the purchase price also includes costs associated with the delivery of goods.
- A discount provided by the seller on a certain type of goods does not in itself entitle the buyer to combine a discount on the selected type of goods with a discount for another reason (e.g., voucher). The seller reserves the right to change and modify discounts on goods sold, as well as other conditions of goods sale, on his website at any time.
- After delivering the goods to the buyer, the seller will issue the buyer a tax document - an invoice for the goods and send it in electronic form to the buyer's email or, at the buyer's express request, send it in printed form to the buyer's address.
- The prices of goods on the seller's website are indicated inclusive of VAT. The price of the goods includes costs associated with packaging and sending the goods. The price of the goods does not include the cost of packaging and courier delivery of the goods.
- If the buyer validly withdraws from the contract concluded according to these T&C, all funds that were collected by the seller for the goods not yet collected will be returned in favor of the account linked to the card from which the purchase price of the goods was paid as described above.
V. Method of Goods Delivery
- The goods are delivered to the buyer through a courier service to the address listed in the user account information. If there are multiple delivery addresses associated with the user account and the buyer does not explicitly designate a delivery address, the seller will always deliver the goods to the delivery address listed in the web interface of the user account at the time of the most recent update. By concluding a contract according to these T&C, the buyer agrees to the process described in the previous sentence.
- The buyer acknowledges that the goods are stored at a temperature of –18ºC and lower and that the courier service transports the goods in special vehicles, ensuring an unbroken cold chain. The goods are packed in special thermoboxes to ensure they remain frozen for a further 6 hours after delivery, provided they remain unopened before the defrosting process begins.
- The buyer understands and agrees that once the goods have been dispatched by the seller to the address stated in the order, the buyer assumes the risk and any additional costs associated with the chosen delivery method. The effects of handing over the goods to the buyer commence upon their delivery to the first carrier.
- In the event that it is necessary to deliver the ordered goods to the buyer repeatedly due to reasons on the buyer's side, or to deliver the goods in a manner different from that stated in the order, the buyer is obligated to reimburse the seller for the costs associated with the repeated delivery of goods, or the costs associated with a different method of delivery.
- Upon receiving the goods from the carrier, the buyer is obliged to check the integrity of the goods' packaging and to immediately report any defects to the carrier. The type of goods is always marked on the exterior of the goods packaging, and the buyer is obligated to verify whether the marking matches the ordered goods. By opening the package, the buyer confirms that the delivered goods match the ordered goods. If the package is found to be tampered with, indicating unauthorized access to the shipment, the buyer may refuse to accept the shipment from the carrier. If the packaging is damaged, this complaint must be reported directly to the carrier upon delivery of the goods. By accepting the goods, the buyer simultaneously confirms that the goods shipment met all conditions and requirements and no later complaints regarding the violation of the shipment's packaging will be considered.
- Additional rights and obligations of the parties during the transport of goods may not be altered by the seller's special delivery conditions, if issued by the seller.
- The risk of damage or accidental destruction of the goods is transferred to the buyer at the same time as the goods are handed over by the seller to the first carrier. In the event of claiming compensation for damage from the carrier, the seller is obliged to provide all necessary cooperation to the buyer.
- Unless otherwise agreed between the seller and the buyer, the seller is obligated to send or deliver the goods to the buyer only after the purchase price has been paid.
VI. Liability for Defects
- The rights and obligations of the contracting parties regarding the seller's liability for defects are governed by the relevant generally binding regulations (in particular the provisions of §1837 letter e), §§ 1914 to 1925, §§ 2099 to 2117 and §§ 2161 to 2174 of the Civil Code).
- In accordance with the provision of § 2165 paragraph 1 of the Civil Code, the buyer is entitled to claim a defect that occurs in consumer goods within twenty-four months of its receipt. This does not apply if it concerns goods sold at a lower price for a defect for which the lower price was agreed, in the case of wear and tear caused by its usual use, in the case of used goods for a defect corresponding to the degree of use or wear and tear, which the goods had at the time of receipt by the buyer, or if it arises from the nature of the goods. The buyer is specifically aware that the goods are perishable. The seller's liability for defects in consumer goods that are subject to rapid spoilage – food, only lasts for the duration of the minimum durability as indicated on the packaging of the goods, provided that the storage conditions at temperatures of -18ºC or lower are observed.
- The seller provides a quality guarantee for goods for a period corresponding to the date of usability or minimum durability, all subject to the assumption of appropriate storage, as stated in these Terms and Conditions or on the packaging of the relevant goods.
- The seller is liable to the buyer for the goods having the agreed properties at the time the buyer received the item of purchase. If there is no agreement on the specific properties of the goods, it is assumed that the goods have such properties as described by the seller, or which the buyer expected in view of the nature of the goods. The seller is responsible for the goods being delivered to the buyer in the corresponding quantity, measure or weight, as agreed or indicated on the website.
- The agreement between the seller and the buyer on the appropriate quality and quantity does not apply to goods sold at a lower price due to a defect for which a lower price was agreed, to the wear and tear of the goods caused by its usual use, used goods for a defect corresponding to the degree of use or wear and tear, which the goods had at the time of receipt by the buyer, or if it arises from the nature of the goods.
- The buyer is obliged to notify the seller that the purchased item has defects, without unnecessary delay after they are discovered. When claiming a defect, the buyer needs to specify how the defect manifests, state the choice of rights from the defect, considering the nature of the goods it is only possible to choose the delivery of new goods or withdraw from the contract with the right to a refund of the purchase price. The buyer's right to a defect does not arise if they knew that the goods were defective before receiving them or if they caused the defect themselves.
- The buyer is obliged to prove the legitimacy of their claim from the defect and also to prove to the seller that the goods were purchased through their online store. The right from a defect is considered to be properly claimed if the claimed goods are complete and equipped with the original packaging. Other conditions governing the complaint process are stated in the complaint procedure.
- The buyer is entitled to choose the method of defect removal. If the buyer does not choose their right in time, they have the right only to defect removal or a reasonable discount from the purchase price.
- If the buyer does not exercise the right to deliver new goods without defects, or to exchange its parts, they may request a reasonable discount. The buyer also has the right to a reasonable discount if the seller cannot deliver new goods without defects, replace its parts or repair the goods, as well as if the seller does not remedy the defect within a reasonable time or if remediation would cause significant inconvenience to the buyer.
- The buyer is not entitled to claim rights from defective performance if they knew or, considering all circumstances, should have known that the goods were defective before taking over, or if the buyer caused the defect themselves.
- The buyer exercises their rights arising from the defect with the seller at the address of the establishment where the goods were purchased or by email: [email protected], or by phone at: +420 252 252 752. The moment a claim is asserted is considered to be the moment when the seller received information from the buyer, for example, by phone, email, or in person, even without the buyer delivering the claimed goods to the seller.
- The buyer (an individual consumer) does not have the right to withdraw from the contract within a fourteen-day period if they are purchasing goods subject to rapid deterioration from the seller, according to § 1837 letter e) of the Civil Code.
- The buyer has the right to withdraw from the purchase contract if the seller notifies them that the ordered goods will be sent to the buyer later than six weeks after the order is sent. The same right applies to the buyer if the seller is more than two weeks late in sending the ordered goods.
- The seller has the right to withdraw from the contract if the ordered goods are long-term unavailable, or if the purchase price of the goods has changed substantially, no later than before sending the goods to the customer.
- If the buyer validly withdraws from the purchase contract, the seller has an obligation to return the purchase price of the goods to the buyer, by crediting it to a bank account in a Czech bank, which is linked to the user account. The payment according to the previous sentence must be made no later than fourteen days after the buyer has fulfilled all obligations to the seller. The same applies in other cases where the seller is obliged to send any monetary performance to the buyer due to the concluded purchase contract.
- The claim of liability for defects, including defect removal, must be processed without unnecessary delay, no later than 30 days from the day of the claim, unless the seller and the buyer agree on a longer period.
- Other rights from defects are governed by the Civil Code and other related legal regulations.
VII. Personal Data Processing Principles
- The protection of the buyer's personal data, who is a natural person, is provided by Law No. 110/2019 Coll., on personal data processing, as amended, and fully respects the Regulation of the European Parliament and of the Council (EU) No. 2016/679 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, hereinafter "GDPR").
- The buyer agrees to provide and process their personal data for the seller for the purposes of realizing the rights and obligations from the purchase agreement in accordance with these T&C, i.e., especially for sending the order, order confirmation, invoicing, concluding all other possible contractual documents. The seller, as a personal data processor, processes this data exclusively for the purpose of fulfilling the rights and obligations arising from the relevant obligation. Personal data are archived only in the necessary form for the realization of rights and obligations from concluded contracts and subsequently also within the statutory deadlines for fulfilling obligations in relation to administrative bodies and after the expiry of these statutory deadlines they are discarded or anonymized. The seller processes only these personal data: name, surname, address, date of birth, e-mail, phone numbers, contact persons' names.
- The seller is obliged to handle personal data exclusively for the purpose of his activity, or in connection with the fulfillment of his legal obligations. The seller undertakes not to intentionally provide the personal data of all subjects published in his database to any other entities that do not have a relevant legal interest in conducting business according to these general business conditions.
- The seller hereby expressly informs the buyer that any consent given to the seller by the buyer - a natural person, or any other natural person listed in the database, in connection with the processing of their personal data can be revoked at any time.
- Any natural person whose personal data is recorded by the seller is entitled to request correction, revision, and update of their personal data at any time, or to exercise the right to be forgotten. The seller is obliged to always delete the personal data of a natural person immediately upon receiving such a request. The request for personal data deletion must objectively indicate who is making it, what list of their personal data it concerns, or whether the personal data should be removed entirely, and it must also contain an e-mail or postal address where a confirming message can be sent that the personal data of the subject has been permanently removed from the seller's database. The seller always exclusively informs the subject, whom such data concerns, about the performed correction, adjustment, or deletion of personal data.
- The Seller commits to implementing such internal organizational measures to prevent misuse of personal data of any individual listed in its databases. Upon request, the Seller must inform the Buyer, or third party to whom the published data pertain, about the form of these internal measures.
- The Seller is entitled to archive all documents relating to the provision of consents, or disagreements with the processing of personal data of the Buyer and individuals specified by them. The Buyer expresses their consent with the archiving of such documents by the Seller.
- The Seller is entitled to demand at any time an update of consents in relation to processing and handling of personal data of the Buyer, particularly with regard to the current legal regulations and application practices resulting from the GDPR regulation.
- In case the Buyer suspects that the Seller is processing their personal data in a manner contrary to the protection of their private and personal life or in contradiction with the law, especially if the personal data are inaccurate considering the purpose of their processing, they can ask the operator for an explanation and removal of the arisen situation.
- Should the Buyer ask for information on the processing of their personal data, the Seller is obliged to provide such information. The operator has the right to request a reasonable payment for providing this information, which does not exceed the necessary costs of providing it.
- The Buyer agrees with receiving information related to the goods, services, or the Seller's business to the Buyer's electronic address and also agrees with the Seller sending commercial messages to the Buyer's electronic address. The Buyer has the right to withdraw this consent at any time without giving any reason in writing.
- The rights and obligations of the Seller and the Buyer when processing personal data are further governed by the principles of handling personal data, which are available on the website www.alaskanfisherman.cz.
VIII. Common Provisions
- The Seller is not bound by any codes of conduct in relation to the consumer Buyer as per § 1826 paragraph 1, letter e) of the Civil Code.
- The Buyer acknowledges that the Seller is not responsible for errors resulting from third-party interventions on the website or as a result of using the website contrary to its intended purpose.
- Unless otherwise agreed, all correspondence related to the purchase contract must be delivered to the other party in writing, either via email, personally or by registered mail through the postal service provider (at the sender's discretion). The Buyer will receive correspondence at the email address provided in their order.
- The Seller does not bear any responsibility for the timeliness or correctness of the contact information provided by the Buyer. The Buyer is obliged to immediately inform the Seller of any changes to their contact information after such a change occurs, in relation to the fulfillment of the contract concluded under these T&C, or report it through one of the communication methods listed in these T&C.
- In accordance with § 1820 paragraph 1, letter j) of the Civil Code and § 14 paragraph 1 and § 20d and subsequent regulations of Act No. 634/1992 Coll., the Consumer Protection Act, the Seller informs that the consumer (Buyer) can turn to the Czech Trade Inspection Authority for out-of-court settlement of consumer disputes, according to the information published on the website coi.cz. The Czech Trade Inspection Authority handles proposals for out-of-court settlement of consumer disputes in the manner and under the conditions stipulated by the relevant legal regulations. For the avoidance of doubt, none of these provisions excludes the consumer's right to present their claim to a civil court.
IX. Final Provisions
- Communication between the Seller and the Buyer mainly takes place via email, and, if the nature of the matter does not exclude it, also by phone or through a postal service provider, unless these T&C, an agreement between the Seller and the Buyer, or the law stipulates otherwise.
- When sending goods abroad, the specific arrangements of these T&C will always be specified in the order confirmation by the Seller.
- If any provision of the T&C becomes invalid or ineffective, instead of the invalid provisions, those provisions of these T&C that most closely resemble the invalid provision will be applied. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Changes and amendments to the purchase contract or T&C require a written form.
- These T&C are effective from June 12, 2023. These T&C apply in the wording stated on the Seller's website on the day of concluding the purchase contract.
- By sending the order, the Buyer agrees with the above-mentioned T&C and confirms that they have read them thoroughly.