General Terms and Conditions

General Terms and Conditions

General Provisions
The General Terms and Conditions apply to catering services provided by Enjoy Catering s.r.o. and regulate the relationship between the buyer (hereinafter referred to as the buyer) and the seller (hereinafter referred to as the supplier): Enjoy Catering s.r.o., Nuselská 336/112, Prague 4, 140 00, ID: 29042429, VAT: CZ 29042429 and are binding for both parties. By sending the order, the Buyer confirms that he/she is familiar with the Seller’s Terms and Conditions.
These Terms and Conditions regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll, Civil Code, as amended (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract and a contract for the provision of related services (hereinafter referred to as the “Purchase Contract”) concluded between the Seller (the Supplier) and another natural person (hereinafter referred to as the “Buyer”), including through the website located at www.enjoy-catering.cz (hereinafter referred to as the “Website”).
Provisions deviating from the Terms and Conditions may be agreed in the Purchase Contract. Deviating provisions in the Purchase Contract take precedence over the provisions of the Terms and Conditions.
The provisions of the terms and conditions are an integral part of the purchase contract. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The contract of sale can be concluded in the Czech language.
The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.

Communication between the parties
Communication between the parties will be primarily via e-mail messages, in the case of the supplier this is the address tomas@eniov-catering.cz, in the case of the buyer the relevant address is the e-mail address communicated when sending the order. For telephone communication, the contact number for the Supplier is the telephone number +420 608 068 333, and the contact number for the Buyer is the telephone number provided when placing the order.
The data provided by the buyer in e-mail communication and when ordering goods are considered correct by the supplier.

Conclusion of the purchase contract
The website contains information about the services offered. All presentation of the services on the website is for information purposes only and the Supplier is not obliged to conclude a contract of sale or a contract for the provision of services.
The buyer sends the order to the supplier via the e-mail address tomas@enjoycatering. cz.
A catering order sent to the supplier is considered a draft purchase contract.
Upon receipt of the order, the Supplier shall examine the possibilities of order execution, in particular in terms of the required range, date and place of delivery.
Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Supplier is always entitled to ask the Buyer for additional order confirmation (for example, in writing or by telephone).
The Supplier shall always confirm to the Buyer the execution of the order in writing by e-mail to the Buyer’s e-mail address specified in the order (hereinafter referred to as the “Buyer’s e-mail address”). The deadline for order confirmation is set at 3 working days from the date of receipt of the order.
The contractual relationship between the Supplier and the Buyer is established by the delivery of the order acceptance (acceptance), which is sent by the Supplier to the Buyer by electronic mail to the Buyer’s electronic mail address.
In the event that any of the requirements specified in the order cannot be met, the supplier will send the buyer an amended offer to his email address. The amended offer shall be deemed to be a new draft purchase contract and the purchase contract shall be concluded in such case by the Buyer’s confirmation of acceptance of this offer to the Supplier at its email address specified in these Terms and Conditions.
All orders accepted by the supplier are binding. The Buyer may cancel an order until the Buyer has received notification of acceptance of the order by the Supplier. The Buyer may cancel an order via the Supplier’s email address specified in these Terms and Conditions.

Withdrawal from the contract
A buyer who has concluded a purchase contract outside his business activity as a consumer has the right to withdraw from the purchase contract.
In the event of withdrawal from the purchase contract, the purchase contract is cancelled from the outset.
The buyer may not, inter alia, withdraw from the purchase contract:

– the provision of services if they have been performed with the prior express consent of the buyer before the expiry of the withdrawal period and the supplier has informed the buyer before the conclusion of the contract that in such a case he has no right to withdraw from the contract,
– for the supply of goods or services, the price of which depends on financial market fluctuations independent of the supplier’s will and which may occur during the withdrawal period,
– the delivery of alcoholic beverages which can only be delivered after a period of thirty days and the price of which depends on financial market fluctuations independent of the will of the supplier,
– the delivery of perishable goods and goods which have been irretrievably mixed with other goods after delivery,
– the delivery of goods in sealed packaging, which the buyer has removed from the packaging and for hygienic reasons cannot be returned,
– in other cases listed in § 1837 of the Civil Code.

If the Buyer withdraws from the contract, the Supplier shall reimburse the Buyer immediately, but at the latest within 14 days of withdrawal, all monies, including delivery costs, received from the Buyer in the same manner. The Supplier shall only reimburse the Buyer in another way if the Buyer agrees to this and if no additional costs are incurred.
The Supplier is entitled to withdraw from the Purchase Contract due to the sale of stock, unavailability of the goods, or if the manufacturer, importer or supplier of the goods has discontinued the production or import of the goods. The Supplier shall immediately inform the Buyer via the email address specified in the order and shall refund all monies, including delivery costs, received from the Buyer under the contract within 14 days of the notice of withdrawal, in the same manner or in the manner specified by the Buyer.

Realization of catering services
Catering services are realized within the timeframe set in advance in the order and the supplier ensures the smooth running of the catering event based on the buyer’s order. All conditions of implementation (composition of catering, place of implementation, time, transport, staffing, provision of inventory and furnishings) are agreed in advance by both parties.

Transportation
Catering is transported by the supplier by refrigerated truck in compliance with all conditions for transporting fresh food – HACCP. After agreement with the supplier, it is possible to pick up the order at the place of production. The supplier is not liable for the further handling of the picked-up order from the moment of pick-up. By accepting the catering order, the buyer assumes responsibility for his order.

Delivery time
The date and time of delivery is indicated on the first page of the order. This date may be changed by agreement between the supplier and the buyer.

Payment terms
Catering services are paid in cash after the event (the buyer receives an invoice and a receipt for payment) or by bank transfer after the event. The Supplier may provide for advance payment of 80% of the total price of the ordered catering services. In the case of advance payment, this amount must be credited to the Supplier’s account no later than 1 week before the execution of the order, otherwise the Supplier is entitled to cancel the execution of the order. The Purchaser is aware that the execution of the catering event has created a receivable for the Supplier, which is binding. On the basis of this claim and the General Terms and Conditions, the Seller is entitled to enforce these claims and, if necessary, to instruct a lawyer or other agent to enforce them. The invoice is due within 14 days of the event. Late payment will be subject to a late payment charge of O, 1% of the amount due for each day of delay.
According to the Sales Records Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in case of technical failure, within 48 hours at the latest.

Change of order
Increase or decrease of the catering order can be changed only after prior agreement with the supplier, who will determine whether an increase is possible according to capacity. Increases or decreases can be made up to 5 working days prior to the catering event.

Order cancellation
Cancellation of a catering event order is possible for any reason (also in the case of a state or local government measure that prevents the event organizer from carrying out the event – in particular measures related to coronavirus / COVID -19) up to 7 days before the planned event without financial compensation. After this date, a cancellation fee will be charged on the total amount of the order:

6-7 days before the planned event 10%
4 -5 days before the planned event 30%
3 days before the planned event 60%
1 – 2 days before the planned event 100%

Out-of-court dispute resolution
The Czech Trade Inspection Authority, with its registered office at Štěpánská 567 /15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for out-of-court resolution of consumer disputes arising from purchase contracts. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under a purchase contract.
European Consumer Centre Czech Republic, located at Štěpánská 567 /15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

PROTECTION OF PERSONAL DATA
The Supplier fulfils its information obligation towards the Purchaser within the meaning of Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council 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 referred to as the “GDPR”) relating to the processing of the Purchaser’s personal data for the purposes of the performance of the Purchase Contract, for the purposes of the negotiations on the Purchase Contract and for the purposes of the performance of the Supplier’s public obligations by means of a separate document.

Final Provisions
These Terms and Conditions are valid on the date of conclusion of the contract. Relationships not expressly regulated by these general terms and conditions or by special agreement of the parties shall be governed by generally binding legislation of the Czech Republic, in particular the Civil Code (Act No. 89/2012 Coll.). If the other party to the contract is a consumer, relations not governed by these Terms and Conditions shall be governed by the Civil Code and Act No. 634/1992 Coll. on Consumer Protection, all as amended from time to time.
If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. By choosing the law according to the preceding sentence, the buyer, who is a consumer, is not deprived of the protection afforded by the provisions of the legal order which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law according to the provisions of Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
If any provision of the terms and conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

These terms and conditions take effect on 25.9.2020. Changes to the terms and conditions are subject to change.

 

Tomáš Hrouda
Managing Director of Enjoy Catering s.r.o.