Terms & Conditions
1. Introduction
1.1. These terms and conditions (hereinafter referred to as "Terms") regulate the mutual rights and obligations between the business entity Vadim Nečiporenko - Ya Cha, ID No.: 07830157, registered in the trade register maintained by the Municipal District Office of Prague 14 (hereinafter referred to as "Seller"), and the customer, who is a consumer as defined in § 419 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as "Buyer"), in connection with or based on a purchase agreement (hereinafter referred to as "Contract") concluded via the online store of the Seller at www.ya-cha.cz (hereinafter referred to as the "E-shop").
1.2. These Terms apply exclusively to consumer purchases. Business entities purchasing goods in connection with their business activities are not entitled to be governed by these Terms.
1.3. By placing an order and concluding the Contract, the Buyer confirms that they have read and agree with these Terms. These Terms form an integral part of every Contract concluded between the Seller and the Buyer.
1.4. The Terms do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or a person acting in the course of their business or profession when ordering goods.
1.5. The Seller is not bound by any codes of conduct within the meaning of § 1820(1)(n) of the Civil Code.
2. Definitions
2.1. Buyer – For the purposes of these Terms, the Buyer is a consumer, meaning a natural person who acts outside their business or professional activity and concludes the Contract with the Seller via the E-shop.
2.2. Seller – The Seller is Vadim Nečiporenko - Ya Cha, who sells goods or provides services to the Buyer via the E-shop and acts within their business activities when concluding and fulfilling the Contract.
2.3. E-shop – The Seller’s online store, located at www.ya-cha.cz, through which the Seller offers goods for purchase.
2.4. Goods – All products offered for sale in the E-shop. The Seller provides information about the basic characteristics of the goods, price, and availability for each product, including potential discounts and promotions.
2.5. Purchase Agreement – The agreement concluded between the Seller and the Buyer remotely via the E-shop, based on which the Seller agrees to deliver the ordered Goods to the Buyer, and the Buyer agrees to pay the agreed price for the Goods.
2.6. Order – A binding offer to conclude the Purchase Agreement made by the Buyer via the E-shop after selecting the Goods and filling in the necessary information.
2.7. Consumer – A person who purchases goods or services from the Seller outside of their business or professional activity via the E-shop.
2.8. Civil Code (OZ) – Act No. 89/2012 Coll., the Civil Code, as amended.
3. Ordering Process
3.1. The Buyer can order goods via the E-shop on the website www.ya-cha.cz. To place an order, the Buyer selects goods, adds them to the shopping cart, and fills in the required delivery and payment information.
3.2. Before submitting the order, the Buyer can review all provided details, including the price and chosen delivery method. By clicking the “Order with obligation to pay” button, the order is considered binding.
3.3. After submitting the order, the Buyer will receive an order confirmation via email. The confirmation includes a summary of the order, including the goods, price, and delivery method.
3.4. The Seller reserves the right to cancel the order if the goods are unavailable or if there is a significant error in the pricing. The Buyer will be informed via email and offered alternative solutions.
4. Payment Terms
4.1. The Buyer can pay for the goods using the following methods:Bank Transfer – The Buyer transfers the amount to the Seller’s bank account according to the instructions provided after order confirmation.Cash on Delivery – The Buyer pays upon receipt of the goods from the carrier.Online Card Payment – The Buyer can pay using the online payment gateway.
4.2. The price of the goods includes all taxes, fees, and other costs that are part of the final order amount. Any additional costs, such as for delivery, are displayed during the ordering process.
4.3. The Buyer must pay the total purchase price before the goods are delivered unless otherwise agreed. In the case of cash on delivery, the Buyer pays upon receiving the goods.
4.4. The Seller reserves the right to request an advance payment for orders of higher value or for goods that are custom-made or specially ordered.
5. Delivery Terms
5.1. The Seller will ensure delivery of the ordered goods to the address provided by the Buyer or to the pickup point selected by the Buyer. The goods are dispatched as soon as possible after order confirmation, no later than within 5 business days, unless otherwise stated.
5.2. If the goods are marked as "in stock," they will be dispatched within two business days of order confirmation. The Buyer will be notified of the dispatch via email.
5.3. The standard delivery time is 3 to 7 business days, depending on the chosen delivery method and location. If the Seller is unable to deliver within the specified time, the Buyer will be informed.
5.4. Shipping costs are displayed during the order process and depend on the chosen carrier and destination. These costs are added to the order total.
5.5. The risk of damage to the goods passes to the Buyer upon receipt of the goods from the carrier. The Buyer is required to inspect the goods upon receipt and refuse the package if it is damaged.
6. Returns and Complaints
6.1. The Buyer has the right to withdraw from the purchase agreement without giving any reason within 14 days of receiving the goods, in accordance with § 1829 of the Civil Code. The withdrawal period begins on the day the Buyer or a third party (other than the carrier) takes possession of the goods.
6.2. If the Buyer withdraws from the agreement, they must return the goods no later than 14 days after notifying the Seller of the withdrawal. The Buyer bears the cost of returning the goods.
6.3. The Seller is obligated to refund the Buyer the amount corresponding to the price of the goods and shipping costs within 14 days of receiving the withdrawal notice, using the same payment method. Refunds will be made once the Seller receives the goods or the Buyer provides proof of shipment.
6.4. Complaints regarding the goods can be made via email to tea@ya-cha.eu. The Seller is committed to resolving the complaint without undue delay, no later than 30 days from the submission of the complaint. If the complaint is not resolved within this period, the Buyer has the right to withdraw from the agreement or request a replacement.
6.5. The warranty for the goods is governed by applicable legal regulations, with the standard warranty period being 24 months, unless otherwise stated.
7. Privacy Policy and Data Protection
7.1. The Seller processes the Buyer's personal data in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation, GDPR) and other applicable laws.
7.2. The Seller collects and processes the Buyer's personal data only to the extent necessary for fulfilling the purchase contract and providing services related to the operation of the E-shop. This includes: name, surname, address, email, phone number, and, if necessary, payment details.
7.3. The Buyer's personal data is processed for the following purposes:
- Fulfilling the order and the rights and obligations arising from the purchase contract.
- Ensuring the delivery of goods and communication with the Buyer regarding the status of the order.
- Sending commercial messages and product offers if the Buyer gives explicit consent.
7.4. The Seller protects the Buyer's personal data against unauthorized access, loss, and misuse. The data is processed electronically through automated systems.
7.5. Personal data will not be shared with third parties without the Buyer's explicit consent, except for entities involved in the delivery of goods or processing payments (e.g., carriers, payment gateways) and only to the extent necessary.
7.6. The Buyer has the right to request access to, correction, deletion, restriction of processing, data portability, and to object to the processing of their personal data. These requests can be sent to tea@ya-cha.eu.
7.7. The Seller retains personal data for the period necessary to fulfill the rights and obligations arising from the purchase contract and for archival purposes in accordance with applicable laws, but no longer than 10 years.
7.8. Further details on personal data protection and the Buyer's rights are provided in the document Privacy Policy, available on the Seller's website.
8. Warranty and Liability for Defects
8.1. The Seller is responsible for ensuring that the goods sold comply with the purchase agreement, meaning they are free of defects. Compliance with the purchase agreement means that the goods possess the quality and utility properties specified in the contract, described by the Seller, or expected by the Buyer based on the nature of the goods and the advertisement.
8.2. The goods are covered by a legal warranty period of 24 months unless otherwise stated. The warranty period begins on the day the Buyer receives the goods.
8.3. If the goods do not comply with the purchase agreement at the time of receipt, the Buyer has the right to request a repair or the delivery of new goods without defects. If repair or replacement is not possible, the Buyer is entitled to a reasonable discount on the purchase price or withdrawal from the contract.
8.4. The Buyer must file a complaint without undue delay after discovering a defect. Complaints can be made to tea@ya-cha.eu.
8.5. The Seller will decide on the complaint immediately, in complex cases within 3 business days. This period does not include the time necessary for expert assessment of the defect. The complaint will be resolved without undue delay, no later than 30 days after it is filed.
8.6. The Seller is not liable for defects caused by improper handling, wear and tear, or incorrect use of the goods by the Buyer.
9. Final Provisions
9.1. These terms and conditions are valid and effective from the date of their publication on the Seller's website.
9.2. The Seller reserves the right to change these terms and conditions at any time. Changes will be published on the website www.ya-cha.cz. The terms and conditions valid at the time of order submission are binding for the Buyer.
9.3. If the relationship established by the purchase agreement contains an international (foreign) element, the parties agree that their relationship is governed by Czech law.
9.4. If any provision of these terms and conditions is invalid or ineffective, it will be replaced by provisions whose meaning is as close as possible to the invalid or ineffective provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
9.5. The purchase agreement, including the terms and conditions, is archived by the Seller in electronic form and is not accessible.
9.6. The Seller’s contact details for communication with the Buyer are provided on the website www.ya-cha.cz.
Contact
If you have any questions or need further information, don't hesitate to contact us:
Vadim Nečiporenko
Phone: 608 351 687
Email: tea@ya-cha.eu
Thank you for choosing Ya-Cha Tea. We look forward to your next visit!