General Business Terms and Conditions
of the company Chefparade s.r.o.
Company ID No.: 278 93 057, registered office: Jeronýmova 325/7, 130 00 Prague 3 – Žižkov,
Registered in the Commercial Register kept by the Municipal Court in Prague, Section C, file 124716
1 INTRODUCTORY PROVISIONS
1.1 These general business terms and conditions (hereinafter also “business terms and conditions” or “GBTC”) regulate the rights and obligations of the contracting parties in the ordering and provision of cookery courses and other events organized by the company Chefparade s.r.o. through its website www.chefparade.cz as well as the sale and purchase of gift vouchers from the website www.chefparade.cz
1.2 The website operator and service provider is the company Chefparade s.r.o.
Company ID No.: 278 93 057, VAT: CZ27893057
Registered office: Jeronýmova 325/7, 130 00 Prague 3 – Žižkov
Registered in the Commercial Register kept by the Municipal Court in Prague, Section C, file 124716.
tel.: + 420 730 155 087
(hereinafter only as the “Operator” or “Chefparade”)
Business premises: Husitská 56, 130 00 Prague 3 – Žižkov
Bubenské nábřeží 306/13, 170 00 Prague 7 – Holešovice, building no. 36
1.3. For the purposes of these business terms and conditions, the following abbreviations shall be used:
“Customer” is understood as the natural person or legal entity who has entered into contract with the Operator, or who is otherwise engaged with the Operator beyond the scope of the Customer’s own commercial activities or beyond the scope of the performance of their trade or profession.
“Website” is understood as the internet portal operated by Chefparade at the internet address http://www.chefparade.cz.
“Course” is understood as a course or other individual service ordered by the Customer.
“Civil Code” is understood as Act No. 89/2012, the Civil Code, as amended.
“Voucher” is understood as a voucher bought by a Customer for the purpose of paying the price for the provision of a future Course.
“Course Participant” is understood as the natural person who personally participates on the Course. The Course Participant need not necessarily be the Customer.
1.4 These business terms and conditions are an integral component of the contract entered into between the Operator and the Customer.
1.5 All contractual relations between the Customer, Course Participant and the Operator are governed by the law of the Czech Republic.
1.6 The Customer shall have the possibility to familiarize themselves with the wording of the business terms and conditions sufficiently in advance. By sending their order/participation on the Course, the Customer/Course Participant confirms that they have familiarized themselves with these terms and conditions and that they are in complete agreement with their full scope.
1.7 The Operator has the right to change the wording of the GBTC at any time. The GBTC always become effective on the date they are published. The rights and obligations of the Operator and the Customer which arose prior to the new GBTC coming into effect shall not be affected by such change.
2 OFFER, PRICE, ORDER, ENTERING INTO CONTRACT
2.1 Offer, price
2.1.1 An offer refers to the offer of Courses and Vouchers which the Operator offers through its Website.
2.1.2 The offer is simply for illustrative purposes and the Operator is not obliged to enter into contract with respect to such Courses and Vouchers.
2.1.3 Courses and Vouchers are bought by the Customer at the price valid at the time of completing the order. In the event of a change in the rate of VAT after the order has been completed, the Customer is obliged, taking into account the chosen type of payment, to make up any shortfall in the purchase price; alternatively, the Operator shall send the Customer without delay an email message requesting information as to where they might return to the Customer any overpayment on the purchase price.
2.1.4 Possible surcharges for packaging, transport and other connected costs shall be stated in the final sum of the order.
2.1.5 The right to make any and all changes to an offer or to prices is reserved. An offer (including special offers, sales etc.) is valid until the particular campaign or event finishes, where the number of special offer items is always stated in the offer, or else the period for which a special offer is valid is specified.
2.2 Order, entering into contract
2.2.1 The Customer can create their order using the Website.
2.2.2 The Customer orders products by marking the selected Courses/Vouchers, including the required quantity, on the order form that they complete. In particular, the order form should contain the following information:
- Number of ordered Courses/Vouchers
- Contact details of the Customer
- Method of payment
- Requested method for delivering the ordered Vouchers
2.2.3 The Customer is obliged to enter truthful information. By sending the order, the Customer agrees to the accuracy of the details they have entered. By sending the order, the Customer declares and guarantees that they are legally competent vis-à-vis the Operator. The Customer sends their order by clicking the button “order”. Prior to sending their order, the Customer has the opportunity to check and change any of the details under art. 2.2.2 of the business terms and conditions (hereinafter only as the “Order”).
2.2.4 By sending the Order, a binding proposal is made to the Operator to enter into contract.
2.2.5 The Operator shall confirm their receipt of the proposal by email to the electronic address stated by the Customer in the Order (hereinafter only as the “Customer’s electronic address”). One component of the notification of the receipt of the Order shall be the business terms and conditions set out in electronic form.
2.2.6 The contract shall be entered into once the receipt of the Order has been delivered, which shall be emailed by the Operator to the Customer’s electronic address.
2.2.7 The Operator is entitled to ask the Customer at any time to reconfirm the Order.
2.2.8 The costs incurred by the Customer when using remote means of communication in connection with entering into contract (e.g. the costs of connecting to the internet, or the costs of communication with the Operator initiated by the Customer) shall be paid by the Customer themselves.
2.2.9 The contract may also be entered into in person at a branch of Chefparade. In such cases, the provisions of art. 3.7 of the business terms and conditions shall not be followed. The other provisions of the business terms and conditions shall be applied as appropriate.
3. GENERAL TERMS AND CONDITIONS
3.1. Delivery and payment
3.1.1 Chefparade keeps of records of payments received and therefore it is not necessary to demonstrate confirmation of payment of the course price prior to the start of a course. In cases where the course is being paid for using a Voucher, the Course Participant is obliged to hand it in to the tutor before the start of the Course.
3.1.2 The method of payment for the provision of a Course is set out under art. 3.2.5. of these terms and conditions.
3.1.3 The basic price for the provision of a Course does not include the price of drinks consumed during the Course. The opportunity to consume drinks during the course may be ordered by the Customer as a supplementary service when ordering the Course; alternatively, a supplementary payment may be made on the spot during their participation on the Course.
3.1.4 The price for the provision of a Course may also be paid for using a Voucher.
3.2 Course payment terms and conditions
3.2.1 The basic method of payment is either cashless payment or payment in cash at the latest 5 days before the Course takes place. Other payment methods are set out below.
3.2.2 All prices are final, stated inclusive of VAT and any other charges the Customer is obliged to pay.
3.2.3 The Customer hereby agrees that the receipt for payment may emailed to them by Operator once the entire amount has been settled.
3.2.4 The right to make any and all changes to the delivery terms and conditions and changes to prices published on the Website is reserved. The price is valid at the time of sending the Order on the part of the Customer.
3.2.5 The methods of paying for Courses and Vouchers are as follows:
- Payment in cash – within five days of ordering the Course or the Voucher.
- Online payment using a payment card – using the secured GoPay system
- Payment by bank transfer
- Instant bank transfer
- By voucher (for Courses only)
- Payment using selected benefit companies
3.2.6 Payment information, depending on the type of payment selected, is sent to the Customer by email to the Customer’s electronic address.
3.2.7 If the Customer chooses to pay by bank transfer, then before the order is finalized they shall first pay the price into the bank account of the Operator, stating their first name, surname, date and title of the course in the field “notes for the recipient”. The price shall be considered paid on the day the amount is credited to the account of the Operator.
3.2.8 The Customer is obliged to pay the price for the provision of the course before the course begins. If these conditions are not met, they are not entitled to participate on the Course.
3.3 Delivery terms and conditions
3.3.1 In the case of purchasing a Voucher, it will be delivered in the shortest time possible, generally within 3 working days once the purchase price has been paid.
3.3.2 Vouchers are delivered by email; subject to agreement with the Operator, they may be collected in person from the business premises of the Operator, or delivered by mail or using an agreed transport company.
3.4 Rights and obligations of the contracting parties
3.4.1 The subject-matter of the contractual relationship is the obligation of the Operator to provide for the delivery of services (Courses) described in the contract (i.e. in the Order and its confirmation) and the obligation of the Customer to pay the agreed price for the provision of such services and to use the services under the stipulated terms and conditions. The contractual relationship between the Operator and the Customer arises with the delivery of the confirmation of the Order by the Operator to the Customer (i.e. at the moment the contract is entered into).
3.4.2 The Customer or Course Participant nominated by them shall be entitled to participate on the Course. Where a Course Participant is referred to in this article, this shall also mean a Customer who is personally participating on the Course.
3.4.3 During the Course itself, Course Participants are obliged to adhere to working and hygiene regulations, health and safety regulations, as well as the instructions of the Chefparade tutor, and are not entitled to distance themselves from the room intended for holding the Course without the knowledge of the Chefparade tutor or his/her representative.
3.4.4 At the start of the Course, the Chefparade tutor or his/her representative will give brief oral instructions to Course Participants on the basic rules for working safely with the equipment and utensils used during the Course. The full text of the working regulations and health and safety regulations is available for Course Participants at the Operator’s business premises. When handling equipment and utensils, Course Participants are obliged to pay particular attention not only to their own health and safety, but also that of other Course Participants.
3.4.5 Chefparade, the Chefparade tutor or his/her representative are entitled to ban participation on the Course to those Course Participants who repeatedly or grossly breach the working or health and safety regulations, the Chefparade tutor’s instructions, good morals, or who otherwise impinge upon other Course Participants. In such a cases, the Customer is not entitled to any return of, or discount from, the Course price.
3.4.6 At the start of the Course, Course Participants are obliged to inform the Chefparade tutor regarding any food allergies or any illnesses which they suffer and which should be taken into consideration during the Course.
3.4.7 Course Participants may not participate on the Course in the event that they suffer symptoms of acute diarrhoea or a suppurating illness, or if they have been placed under quarantine or if, in the 14 days prior to the Course taking place, they have been in contact with someone suffering an infectious illness or who is suspected of being infected, or who has been placed under quarantine
3.5 Cancellation and change of Course
3.5.1 Chefparade reserves the right to cancel a Course in the following cases:
a) At the latest 2 days before the Course is due to be held, if there is not the minimum number of Course Participants booked onto the Course, where the minimum number of Course Participants is 5 persons, unless stated otherwise;
b) If the Chefparade tutor is unable, for reasons of inability to work or other serious impediment, to manage the Course;
c) If the Course is prevented from running by another serious impediment (e.g. an accident at the business premises of Chefparade, a shortage of special ingredients required for the given Course etc.).
3.5.2 In the event that Chefparade cancels a Course, it undertakes to notify the Customer of such fact without delay, either by email or by telephone, such that the Customer and/or the Course Participant is informed as soon as possible.
3.5.3 In the event that a Course is cancelled, Chefparade is obliged to enable the Customer or the Course Participant to participate on another Chefparade Course. In cases where the Customer refuses to participate on an alternative Course and calls upon Chefparade to refund their payment, then Chefparade is obliged to return the payment for the Course within 14 working days.
3.5.4 Chefparade is entitled to change the tutor and change less than 50% of the Course content without prior notification, for serious reasons, in particular those reasons stated in art. 3.5.1 of the business terms and conditions.
3.5.5 Changes to the Course under the provisions of this article of the business terms and conditions shall not constitute grounds for making a claim.
3.6 Cancelling participation on a Course by the Customer
3.6.1 In the event that the Customer is unable to take the Course, they are obliged to notify such fact to Chefparade without delay.
- If the notice to cancel participation on the Course is delivered to Chefparade more than 72 hours before the start of the Course, the Customer shall be able to participate on an alternative course which will take place in the next six months from the date the notice to cancel participation on the original Course was received. The Customer shall be entitled to use this option only once. The Customer is obliged to notify their intention to use the option to participate on an alternative Customer as soon as possible, at the latest within 10 days of the date the notice to cancel participation on the Course was received. If the Customer does not take up the option to participate on another course, Chefparade is obliged to return to the Customer the price of the Course within 30 days of the date the notice to cancel participation on the Course was received, either by bank transfer onto the Customer’s account, the number of which is stated by the Customer, or by some other agreed method.
- If the notice to cancel participation on the Course is received less than 72 hours before the start of the Course, Chefparade is obliged to return to the Customer only 50% of the Course price.
- If the notice to cancel participation on the Course is received less than 24 hours before the start of the Course, the Customer is not entitled to the return of any of the Course price.
3.6.2 In the event that the Customer fails to present themselves at the Course, they shall have no right to the return of money or to exchange the Course on which they did not participate for another.
3.6.3 In the event that the Course was paid for using a Voucher, and the Customer notifies their cancellation of participation on the Course more than 72 hours before the start of the course, the Customer shall be able to participate on another Course during the time for which the Voucher is valid. Otherwise, the Voucher shall expire.
3.7 Withdrawal from contract by the Customer
3.7.1 The Customer is not entitled to withdraw from an order for a Course pursuant to Section 1837 j) of the Civil Code.
3.7.2 In cases where the contact of sale for a Voucher is entered into by a means of remote communication (online through the Website), the Customer is entitled, pursuant to Section 1829 et seq. of the Civil Code, to withdraw from this contract without stating grounds within 14 days from the delivery of the Voucher. This 14-day period is observed should the Customer, in the course of such period, send the Operator a notice to withdraw from the contract. By withdrawing from the contract of sale, the contract is cancelled from the beginning.
3.7.3 The right stated in the previous paragraph shall expire if the Voucher has already been exercised, within the statutory notice period, for payment of the price for provision of the Course.
3.7.4 Notice to withdraw from a contract of sale may be sent by the Customer to the e-mail address email@example.com.
3.7.5 For withdrawing from contract of sale, the Customer may use the standard form for notice to withdraw from the purchase of a gift Voucher, which forms an integral annex to these business terms and conditions.
3.7.6 The Customer is not obliged to return the Voucher to Chefparade: its number will be deactivated.
3.7.7 Chefparade is obliged to return paid funds to the Customer at the latest within 14 days from the day of the delivery of the notice to withdraw from a contract of sale.
3.7.8 The Customer is entitled to withdraw from the contract of sale pursuant to art. 3.7.2. of the business terms and conditions only in the case of purchasing a Voucher.
3.8 Withdrawal from contract by Chefparade
3.8.1 Chefparade is entitled to withdraw from a contract entered into with the Customer in the event of a clear error in the price of the Voucher or Course (i.e. a price that is evidently different from what would be considered usual), unless it is clear from the given offer that it involves a discount or is part of an extraordinary event/offer.
3.8.2 In cases where fulfilment of a confirmed Order on the part of the Operator is not possible, the Operator shall be entitled to withdraw from the entered into contract.
3.8.3 In cases where the Operator withdraws from the contract, the Operator is obliged to inform the Customer of such fact without delay at the Customer’s electronic address. In addition, the Operator is obliged to return to the Customer the paid for price of the Course or Voucher.
3.9 Liability for damage
3.9.1 Course Participants are obliged to deposit their personal belongings at the place indicated for such purpose at the business premises (hook/coat hanger). Chefparade shall not be liable for the loss or damage to belongings whose value is clearly disproportionate to the value of belongings which a normal consumer would generally have about their person. In other cases, Chefparade shall not be liable for damage caused to belongings that have been hung up. The provisions of Section 2945 of the Civil Code are not affected hereby.
3.9.2 The Customer/Course Participant shall be liable for damage caused to Chefparade, likewise to damage caused to other Course Participants.
4.1 Use of Vouchers
4.1.1 A Voucher holder is obliged to use up the value of a Voucher by paying for the price of a Course. Using a Voucher for other Chefparade services is not permitted.
4.1.2 A Voucher holder is not entitled to exchange the Voucher for money.
4.1.3 The Voucher holder is obliged to use their Voucher in the period for which the Voucher is valid. Once the validity period of the Voucher has expired, neither the holder of such Voucher or the Customer has any entitlement to the return of money or to use up any other Chefparade service.
4.2 Validity of Vouchers and their extension
4.2.1 The Voucher’s validity period is marked upon the Voucher.
4.2.2 Based upon a Customer request, Chefparade is entitled to extend the validity of a Voucher by six months; this may only be done once. For extending the validity of a Voucher, Chefparade is entitled to request a one-off payment of CZK 500.
4.2.3 The Customer is obliged to deliver their request to extend the validity of a Voucher to Chefparade by email at the address firstname.lastname@example.org, and must do so before the validity of the Voucher expires.
4.2.4 Vouchers whose validity has expired may no longer have their validity extended.
5. REKLAMACE KURZU
5.1 In the case that the terms and conditions of a Course do not correspond to the agreed terms and conditions, the Customer is entitled to exercise their rights arising from defective performance. Chefparade is not liable for the result of a Course.
5.2 The rights and obligations of the contracting parties with respect to defective performance are governed by the respective provisions of the generally binding regulations.
5.3 Rights from defective performance shall be exercised by the Customer vis-à-vis the Operator at the e-mail address email@example.com, or at the address of its business premises or registered office. The moment of exercising a claim shall be considered the moment when the Operator received from the Customer the notice on the exercise of rights from defective performance.
5.4 The Customer is obliged to exercise their rights from defective performance without delay, at the latest within 6 months of the day the Course was held.
5.5 When exercising rights from defective performance, the Customer is obliged to demonstrate that a contract was entered into.
5.6 The claim, including the removal of the defect, will be sorted out by the Operator without unnecessary delay, at the latest within 30 days from the day of the claim was exercised, unless the Operator has agreed with the Customer on a longer period.
5.7 A defect is removed on the part of the Operator, in particular, by the enabling the participation, free of charge, of the Customer on another Course, alternatively by offering a discount on the Course price or by refunding the Course price in its entirety.
6 PERSONAL DATA PROTECTION
6.1 Handling the personal data of the Customer is regulated under Act No. 101/2000, on the Protection of Personal Data, and on Amendment to Some Acts, as amended.
6.2 The Operator shall process the personal data of the Customer, by which is meant the first name and surname, residential address, email address and telephone number, and does so for the purpose of realizing the rights and obligations arising from the contract.
6.3 The Customer also agrees to the processing of personal data in the scope of their first name, surname and email address by the Operator for the purpose of sending information and commercial messages to the Customer. The Customer grants their consent to the processing of personal data by ticking the option “I agree to the processing of personal data”. Consent to the processing of personal data is granted by the Customer voluntarily, and may be withdrawn free of charge at any time using the link stated at the end of a commercial message. Consent to the processing of personal data in the entire scope according to this article is not a precondition which by itself would prevent any contract from being entered into.
6.4 The Customer shall bear in mind that they are obliged to enter their personal data truthfully, and that they are obliged to inform the Operator without undue delay of changes to their personal data.
6.5 The Customer shall bear in mind that the processing of personal data may be entrusted by the Operator to a third party, as processor.
6.6 Personal data shall be processed for a period that is essential for its purpose, or until the consent of the Customer for such processing is withdrawn. Personal data will be processed automatically in electronic form.
6.7 If the Customer believes that the Operator or the processor is processing their personal data in a manner contrary to the protection of the private and personal life of the Customer, or in contravention of the law, in particular if the personal data is inaccurate with respect to the purpose for which it is processed, they may:
- Request an explanation from the Operator or the processor;
- Request that the Operator or the processor resolves the situation that has arisen.
6.8 If the Customer requests information about the processing of their personal data, the Operator is obliged to furnish them with such information. For providing the information according to the previous sentence, the Operator has the right to request appropriate compensation, not exceeding the costs necessary for providing the information.
6.9 The Customer agrees to being sent information relating to the goods and services or the enterprise of the Operator to the Customer’s electronic address, and further agrees to being sent commercial messages by the Operator to the Customer’s electronic address.
7 FINAL PROVISIONS
7.1 The Operator is entitled to operate the aforementioned courses and special events based on their licence to trade. Trade inspections are carried out under the authority of the relevant Enterprise Office.
7.2 The Customer can send the Operator their complaints or suggestions to the email address: firstname.lastname@example.org. Information on resolving a Customer’s complaint will be sent by the Operator to the Customer’s electronic address. Supervision over the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority exercises supervision to a limited extent over certain areas of trade, including supervision of compliance with Act No. 634/1992, on Consumer Protection, as amended.
7.3 In the event that a consumer dispute arises between the Operator and the Customer which cannot be resolved by mutual agreement, the Customer may petition for an out-of-court resolution of the dispute at the designated body for the out-of-court resolution of consumer disputes, which is the:
Czech Trade Inspection Authority
Central Inspectorate – Alternative Dispute Resolution
120 00 Prague 2
The consumer may also use the platform for online dispute resolution established by the European Commission at the address: http://ec.europa.eu/consumers/odr/
7.4 In relation to the Customer, the Operator is not bound by any code of conduct within the meaning of the provision of Section 1826 Subsection 1e) of the Civil Code.
7.5 The language of the contract of sale is exclusively Czech. Czech is also the language of communication between the Operator and the Customer.
7.6 In such cases where one or more of the provisions of the GBTC are found for any reason to be invalid, the invalidity of such provision shall not render the GBTC or the contract as a whole invalid.
7.7 The Vendor and the Purchaser hereby agree that should their contractual relationship contain foreign elements (i.e. non-Czech), these elements shall be regulated by Czech law with the exclusion of any conflict of laws, and furthermore, that use of the United Nations Convention on Contracts for the International Sale of Goods shall also be excluded. This shall not affect the rights of the consumer arising from generally binding regulations.
7.8 The Operator reserves the right to contact the Customer by telephone to verify or specify the Order, e.g. if it involves an order with a higher value, or to fill in missing or imprecise details etc.
7.9 The place of performance for all contractual relationships is the business premises of the Operator at the address Husitská 56, 130 00 Prague 3 – Žižkov, or the business premises of the Operator at the address Bubenské nábřeží 306/13, 170 00 Prague 7 – Holešovice, budova č. 36.
7.10 An integral part of these terms and conditions is the sample form: Notice to Withdraw from the Purchase of a Gift Voucher.
Annex to the GBTC: Standard form for withdrawing from contract
NOTICE TO WITHDRAW FROM THE PURCHASE OF A GIFT VOUCHER
(fill in this form and return it only in the case that you wish to withdraw from purchasing a voucher)
Name of vendor: Chefparade s.r.o.
Registered office of vendor: Jeronýmova 325/7, Praha 3 – Žižkov, post code 130 00
Company ID No. of vendor: 278 93 057
E-mail address of vendor: email@example.com
Telephone No. of vendor: 730 155 087
I hereby give notice that, within the 14-day statutory limit, I am hereby withdrawing from the contract of sale for the purchase of a gift voucher:
Voucher No.: ………………………………………………………………………………………………………………….
(*) Invoice No.: ………………………………………………………………………………………………………………..
Date of receipt of voucher: …………………………………………………………………………………………………
Account number at the bank into which the purchase price should be refunded by bank transfer: ………..
First name and surname of customer:……………………………………………………………………………………
(*) Customer’s electronic address:………………………………………………………………………………………..
Reason for withdrawing from contract (non-obligatory item):……………………………………………………….
(*) This information is not obligatorily required; its inclusion will, however, speed up the resolution of your request.
(when sending the printed version)
10 years of tradition
on the Czech market
90 000 participants
in the cooking courses
15 000 cooking classes
and other events
8 000 positive reviews
Inter alia Tripadvisor