Terms and conditions

These terms and conditions apply to purchases in the online shopping www.candola.cz and www.ancap.cz operated by the company GASTRO HOLDING CANDOLA s.r.o. and in a brick and mortar store. The terms further define and specify the rights and obligations of the Seller, which is the company GASTRO HOLDING CANDOLA s.r.o., with registered office Králodvorská 1086/14, 110 00 Praha 1, IČO: 24820041, registered in the Commercial Register in the section C., entry 177307 at the Municipal Court in Prague and buyer (customer, consumer). All contractual relations are concluded in accordance with the legal order of the Czech Republic.

If the contracting party is a consumer, relations not regulated by commercial terms and conditions are governed by the Civil Code (č. 89/2012 Sb.) and the Consumer Protection Act (č. 634/1992 Sb.). If the contracting party is not the consumer, relations not regulated by business conditions are governed by the Civil Code (č. 89/2012 Sb.).

1. DEFINITIONS

The seller is a business GASTRO HOLDING CANDOLA s.r.o., with registered office Králodvorská 1086/14, 110 00 Praha 1, IČO: 24820041, registered in the Commercial Register in the section C., entry 177307 at the Municipal Court in Prague. GASTRO HOLDING CANDOLA s.r.o. is a person who, when concluding and performing a contract, acts within the scope of his business or other business activity. It is an entrepreneur who directly or through other entrepreneurs delivers products or provides services to the buyer.

The customer of our online store is the buyer. Due to the applicable legislation, a distinction is made between a buyer who is a consumer and a buyer who is not a consumer.

A consumer buyer or just a consumer is a person who, when concluding and performing a contract, is not acting within the scope of his commercial or other business activity. Such a buying consumer buys products for his personal home use.

A non-consumer buyer is an entrepreneur who purchases products or uses services for the purpose of doing business with those products or services. This buyer is governed by the Terms and Conditions to the extent applicable to them and the Commercial Code. A buyer entrepreneur is anyone who buys products with a so-called ID number.

PURCHASE CONTRACT

If the buyer is a consumer, the proposal to conclude a purchase contract is the placement of the offered goods by the supplier on the website, the purchase contract is created by sending the order by the buyer - consumer and accepting the order by the supplier. The supplier will immediately confirm this acceptance to the buyer by an informative email to the specified email address, but 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 the basis of legal reasons.

If the buyer is not a consumer, the proposal for concluding the purchase contract is the order for goods sent by the buyer, and the purchase contract itself is concluded at the moment of delivery of the binding consent of the seller to the buyer with this proposal.

By concluding the purchase contract, the buyer confirms that he has familiarized himself with these terms and conditions, including the complaints procedure, and that he agrees with them. The buyer is sufficiently informed of these terms and conditions and the complaint procedure before placing the order and has the opportunity to familiarize himself with them.

The period for processing claims is suspended if the seller has not received all the documents necessary for processing the claim (parts of the goods, other documents, etc.). The seller is obliged to request additional documents from the buyer in the shortest possible time. The deadline is suspended from this date until the requested documents are delivered by the buyer.

The seller reserves the right to cancel the order or part of it before the conclusion of the purchase contract, based on the agreement with the buyer, in the following cases: the goods are no longer produced or supplied or the price of the supplier of the goods has changed significantly. If the Buyer has already paid part or all of the purchase price, this amount will be transferred back to his account or address and the Purchase Agreement will not be concluded.

Any consumer rights cannot be applied to gifts that are provided completely free of charge. Such goods meet the terms of the Gift Agreement and all standards according to the applicable legislation of the Czech Republic.

RIGHTS FROM DEFECTIVE PERFORMANCE

The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding regulations (in particular the provisions § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 Act č. 89/2012 Sb., of the Civil Code).

The seller answers to the consumer that at the time the consumer took over the item, it was free of defects

– the thing has the characteristics agreed upon by the parties and, in the absence of an agreement, such characteristics as the seller or manufacturer has described or expected by the buyer, given the nature of the goods and on the basis of their advertising,

– the item is suitable for the purpose that the seller states for its use or for which the item of this type is usually used,

– the quality or design of the item corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,

– is a thing in a corresponding quantity, measure or weight

– the matter complies with the requirements of legal regulations.

If the item does not have the above-mentioned characteristics, the consumer can also request the delivery of a new item without defects, if this is not unreasonable due to the nature of the defect, but if the defect concerns only a part of the item, the consumer can only request the replacement of the part; if this is not possible, he can withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the consumer has the right to have the defect removed free of charge. The consumer has the right to the delivery of a new item or the replacement of a part even in the case of a removable defect, if the item cannot be used properly due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the consumer also has the right to withdraw from the contract.

If the consumer does not withdraw from the contract or does not exercise the right to the delivery of a new item without defects, to the replacement of its part or to the repair of the item, he can request a reasonable discount. The consumer has the right to a reasonable discount even if the seller cannot deliver a new item without defects, replace its part or repair the item, as well as in the event that the seller does not remedy the situation in a reasonable time or that the remedy would cause significant difficulties for the consumer.

The right of defective performance does not belong to the buyer, if the buyer knew before taking over the item that the item had a defect, or if the buyer himself caused the defect. Also, the buyer does not have the right from defective performance if the buyer did not follow the prescribed complaint procedure upon delivery of goods damaged in transit.

2. MAKING THE PURCHASE IN THE COMPANY GASTRO HOLDING CANDOLA S.R.O.

GASTRO HOLDING CANDOLA s.r.o. is a company focused on the distribution sale of products for catering establishments. These are mainly products made of fabrics, porcelain, glass, plastic, metal and other professional kitchen equipment. Any legal or natural person, authorized to buy and sell goods of a similar assortment or to mediate them, can buy from company GASTRO HOLDING CANDOLA, s.r.o. within the framework of the wholesale prices set by it. For this purpose, at the time of the first purchase, the buyer submits an extract from the commercial register or trade certificate and a proof of registration for the payment of VAT, if this buyer is a VAT payer. The buyer is obliged to inform the seller at any time after the purchase about changes in company registration, delivery addresses, telephone and email contact.

OFFER AND CONCLUSION OF CONTRACT

The seller's offer is non-binding and the buyer cannot demand delivery of the entire volume of the ordered goods if they are not in the seller's stock. The seller will notify the buyer of this fact at the latest upon delivery of the goods. The contract between the seller and the buyer is created on the basis of a written, e-mail or telephone order, after fulfilling the conditions according to čl. II, at the moment:

a) making a cash payment in advance or by paying the amount in cash to the seller when taking over the goods
b) in the case of cash on delivery payment on invoice (delivery via courier service, courier, carrier) by handing over the goods to the person entrusted with the transport or personal acceptance of the goods at the seller. At this point, the risk of damage to the goods also passes to the buyer
c) when paying by transfer to an advance invoice
d) payment by payment card when taking over the goods

OVER INTERNET

The Buyer can conclude the contract by accepting the contract conclusion proposal on the website operated by the company GASTRO HOLDING CANDOLA s.r.o. by placing the desired product in the cart. Before the Buyer bindingly confirms the order, he has the right to change both the required performance and the method of delivery, i.e. check all the data he entered in the order. The purchase contract is created by the sending of the order by the Buyer and the acceptance of the order by the Seller. By sending the order, the Buyer also confirms that he was able to think through the purchase of the goods sufficiently, did not act under pressure, agrees with the price for the goods and is aware that in case of unsuccessful delivery of the goods, he will be charged a fee for the transport and dispatch of the goods.

Goods kept in stock are dispatched immediately and the Buyer is only informed by the carrier about the delivery date. The usual shipping time for stock items is 1-2 business days, depending on when the order is delivere.

BY EMAIL

at address info@candola.cz

In the e-mail order, state the product code, the full name of the product, the number of pieces, the invoicing and delivery address (name and surname or the name of the company ID number, VAT number, street number, city, zip code, state, phone number), method of payment (advance invoice, cash on delivery, cash), type of transport (DPD, GLS or personal collection).

We will send the order confirmation back to the specified address no later than the next working day. If you do not receive the order confirmation, please contact us by e-mail info@candola.cz or during working hours on the phone number +420 283 853 242.

The costs incurred for the means of long-distance communication do not differ from the rates according to the terms and conditions of your operator.
The contract or the relevant tax document will be stored in the company's electronic system GASTRO HOLDING CANDOLA s.r.o.

NOTICE

All orders received by any means are considered binding and intended. The customer is obliged to pay the actual shipping costs (carriage charges) even if he does not receive the sent goods from DPD or GLS for reasons on his side. In case of unsuccessful delivery of the goods to the customer, an invoice will be sent to the customer with the amount of transport and costs incurred when sending the ordered goods. The above does not apply if the customer notifies the seller of withdrawal from the purchase contract in writing or by telephone in time before the shipment of the ordered goods.

We ship the goods immediately, usually on the same working day, orders received after 12 noon are shipped the next working day.

3. SAFETY

During registration, the Customer enters his registration data for his customer account. Immediately after completing the registration, the unique access data and password are automatically sent to the specified e-mail address. This also confirms the functionality and correctness of the Customer's e-mail. The customer is obliged to keep this password secret and not to share it with other persons. The customer bears full responsibility for all actions that are made from his account. The customer is obliged without undue delay to GASTRO HOLDING CANDOLA s.r.o. to inform if he has any suspicion of misuse or disclosure of his password to a third party. In case of justified concern that the Service is or may be misused, GASTRO HOLDING CANDOLA s.r.o. is entitled to block the Customer's account and then invite him to register again. Company GASTRO HOLDING CANDOLA s.r.o. is not liable to the Customer for damages incurred as a result of disclosure or misuse of his access password.

4. PROTECTION OF PERSONAL DATA

Your consent

By using this site, you agree to the Privacy Policy. Whenever you provide information through this site, you consent to the collection, use and disclosure of that information in accordance with the Privacy Policy.

By placing an order, you consent to the processing of your specified personal data for business and marketing purposes GASTRO HOLDING CANDOLA s.r.o., with registered office Králodvorská 1086/14, 110 00 Praha 1, IČ: 24820041, (hereinafter referred to as "administrator"), for an indefinite period. At the same time, you agree to the said data being processed through third parties authorized by the administrator, possibly passed on to other administrators in accordance with the Act č. 101/2000 Sb. as later amended. The provision of personal data is voluntary. You have the right to withdraw your consent in writing at any time, the right to access data concerning you, the right to information about their possible processor and source and other rights according to the cited law, in particular the right to request correction, addition, blocking or disposal of personal data. If you do not want your personal data to be registered in our database, send us a written message.
By providing an e-mail address, you express your consent to the sending of commercial communications in accordance with the Act č. 480/2004 Sb. GASTRO HOLDING CANDOLA s.r.o., with registered office Králodvorská 1086/14, 110 00 Praha 1, IČO: 24820041, registered in the Commercial Register in the section C., entry 177307 at the Municipal Court in Prague.

Actively provided information
Some parts of this website may require information from you so that we can contact you and solve your order (e-mail and/or telephone contact, your full name or company name). The information you provide to us is mandatory and necessary for the delivery of the goods of your order.

Passively provided information
When navigating the website, certain information may be passively collected (i.e. obtained without being actively provided by you) using various technologies such as cookies, javascript tracking systems (Google Analytics) and standard logging on the server side.

Your browser automatically transmits to this site (as well as to all other sites) some of the above anonymous information, e.g. the URL of the web portal you have just left and your Internet Protocol (IP) address, as well as the browser version that your computer is currently in use. This portal can also collect anonymous information from your computer through cookies. You can set your browser to notify you when a cookie is sent, or to reject cookies altogether, however certain parts of this portal may not work without cookies.

5. PRICE OF GOODS

The price of the goods is the price indicated in the seller's current offer on the website valid on the day the order is sent by the buyer.

Since GASTRO HOLDING CANDOLA s.r.o. is a wholesale and retail trade for corporate clients, all prices of goods, services and transport are also shown without VAT.

The information about the goods and the price given by the seller are binding, with the exception of an obvious error.

The seller reserves the right to current price changes that are caused by unforeseen circumstances, such as changes in customs rates, currency exchange rates, import and export fees, taxes, etc.

Payments made by payment card are not subject to any trade discounts.

6. PRICE OF TRANSPORTATION

DELIVERY OF GOODS UP TO 30 KG BY TRANSPORT SERVICE DPD, GLS OR TRUCK TRANSPORT FOR PALLET SHIPMENTS
The customer has the following transport options:

personal collection – free of charge
own transport – the customer arranges and pays for the transport of the goods himself
delivery by transport companies DPD, GLS
delivery of the goods by truck transport
 
SEND BY TRANSPORT SERVICE DPD, GLS
Dispatch fee for parcels up to 30 kg delivered by DPD, GLS for states:

Czech Republic: 160 CZK excluding VAT
Slovak Republic: 16 € excluding VAT
Germany, Italy, Belgium, France, Luxembourg, Netherlands, Poland, Austria, Hungary: 23 € excluding VAT
Great Britain: 35 € excluding VAT
In the event that the goods you ordered do not fit into one shipment (whether by weight or size), they will be automatically packed into several shipments and the transport price will be increased.

The maximum size of a shipment transported by DPD, GLS:
Maximum length: 175 cm
Maximum perimeter length: 300 cm
Maximum weight of a package with fragile goods: 30 kg

Fragile goods are transported in consignments, which need to be packed in such a way that the consignments can be handled safely. It is therefore possible that for safe handling the maximum dimensions or weights of the shipment will not be used and the goods will be packed in several shipments. The customer will be informed in advance about this type of packaging.

TRANSPORTATION OF GOODS ON PALLETS

The buyer has the option to arrange his own transport. He informs the seller about such a step when ordering the goods.

Transportation provided by the seller is negotiated individually for the respective shipment of goods. The customer is aware of the shipping price in advance. If the customer does not agree with the price for the agreed transport, he must arrange for the removal of the goods himself within the agreed date. If the customer does not ensure the transport properly and on time and the goods are not picked up by the specified date, the storage period for storing the goods starts to run.

7. PAYMENT TERMS

All goods must be paid in advance on the basis of an issued advance invoice or at the latest when the goods are handed over to the customer in cash. The maturity period for advance invoices is 7 days. During this time, the ordered goods are blocked for the customer. If the due date is not met, the order and blocking are canceled and the goods are released for other paying customers.

DUE TO MAINTAINING GOOD BUSINESS RELATIONSHIPS, WE DO NOT PROVIDE GOODS ON DEBT.

Payment options for goods:

payment in cash when taking over the goods or in a brick and mortar store
payment by payment card when picking up goods in a brick and mortar store
payment in cash on delivery upon delivery of the goods by the transport company
payment of advance invoice by bank transfer
payment by transfer of final invoice with maturity – only for established clientele
payment of the final invoice in cash when taking over the goods at the store or at the customer
payment online

The currently offered payment and delivery methods can be found here.

Unless otherwise agreed, payment by payment card is only possible for goods with a total value of more than 1,500 CZK excluding VAT. When paying by card, all negotiated business and partner discounts are cancelled.

Unless otherwise agreed with the customer, we only issue invoices above the amount of 8,000 CZK excluding VAT.

If a business customer or a consumer buyer cannot or does not want to pay for the ordered and imported goods (in the case of cash on delivery or payment in cash upon receipt of the goods), the goods will be taken back and the customer will be charged for the full amount of unnecessary transport and the costs associated with the dispatch of the ordered goods.

We only issue invoices with due dates to verified established customers and only for goods in stock. The customer is obliged to pay the invoice in full by the deadline indicated on the invoice. The date indicated on the invoice is the last day for crediting the invoiced amount to the seller's account.
In case of doubt, it is considered that the customer received the invoice on the 3rd day after the delivery of the goods or the performance of the service. The issued invoice also serves as a delivery note or handover protocol in the event that these documents are not issued separately and proves the delivery of the goods or the performance of the service to the customer, in the case of the shipment, it confirms its dispatch.

In case of non-compliance with the due date of the invoice, the customer undertakes to pay a contractual penalty of 5% of the invoiced amount for each day of delay until payment of the entire invoiced amount. There is a fee for the administration involved in collecting the amount owed. For each of the 3rd issued reminders, the customer is charged 1,200 CZK excluding VAT.

Online payments are provided for us payment gateway Shoptet Pay. Payment is subject to the General terms and conditions of this payment gateway.

Until the entire invoiced amount is paid, including any contractual fines, the goods are the property of GASTRO HOLDING CANDOLA s.r.o. After payment of the entire amount, the ownership right is transferred to the customer. If the invoice is not paid by the due date, the goods may be taken away. The customer undertakes to allow GASTRO HOLDING CANDOLA employees to pick up the goods.

The customer's obligation to pay a contractual penalty, interest for late payment or compensation for damages, as well as other costs associated with the removal of the goods and withdrawal from the contract is not affected.

8. DELIVERY TIME

We will process your online order as soon as possible, usually within 2 working days for goods in stock. However, if it happens that the ordered goods are currently sold out, we will inform you immediately. The invoice issued by us serves as a guarantee certificate for all goods.

IMPORTANT: The invoice and any accompanying documents for the shipment are always placed on top of the package in a red plastic envelope.

The seller will usually hand over the goods to the contracted carrier within 48 hours from the conclusion of the contract, if payment by cash on delivery was chosen, or within the same period after payment of the purchase price, if another method of payment than cash on delivery was chosen. The buyer expressly acknowledges that in the case of choosing the method of payment by bank transfer, the specified period begins to run only when the purchase price is credited to the seller's account.If the order is placed during a marketing event (fairs and exhibitions) or in other situations, the delivery time may be extended.

Personal collection of the ordered goods is possible at the address Gastro Holding Candola, s.r.o., U Továren 256, 102 00 Praha 15 - Hostivař. When ordering online, please always wait for our email with information on picking up the ordered goods. Until you receive this email, the goods are either not ready or paid for. The goods are blocked for personal collection for a period of 3 working days from the sending of the email with information about the goods prepared for personal collection. After this period, the order is automatically canceled and the goods are released for the next customer. If the customer wants to block the goods for a longer period of time, he must state this fact in the notes in the order. In such a case, an advance invoice will be issued to the customer and the blocking of the goods will start after the amount has been credited to the seller's account. The goods will be blocked for a period of 3 weeks from the payment of the advance invoice. If the goods are not picked up within this period, the customer will be charged a storage fee of 6 CZK excluding VAT for each day started.

9. TRANSPORTATION INFORMATION

We send goods up to 30 kg by the transport service DPD, GLS.

We transport pallet orders according to the current agreement with the customer. The process of pallet transport is handled individually.

DPD, GLS
It is necessary to always state your CURRENT phone number!

On the day of the start of transportation within the Czech Republic, the carrier will deliver an e-mail or SMS message about the delivery of the package to you, which will contain the following information: cash on delivery amount, package number and the carrier's infoline for the possibility of tracking the shipment.

In order to send this information, it is necessary to include the email address and current mobile number of the person who will receive the package. In order to avoid a mistake or distortion of your name or address, please fill in your information including diacritics (hooks and commas).

The shipment will usually be delivered to you the next day after receiving this message.

Before delivery, the driver or customer center employee will contact you by phone.

Shipments delivered within the Slovak Republic are not notified by the carrier. When sending a shipment to Slovakia, we will send you an e-mail with the shipment number. Through this number, you can track the delivery status of the goods at www.dpd.sk, www.glskurier.sk.

If the buyer cannot be reached at the delivery address, the driver will leave a so-called notification of an attempt to deliver the shipment in the mailbox, which will include the shipment number and a contact for the possibility of arranging an alternative delivery date. The driver will try to deliver the shipment on the next working day, in the event that the shipment cannot be reached again, the shipment will be stored for 7 daysat the local DPD, GLS depot.

The buyer is obliged to reimburse the seller for the costs associated with repeated attempts to deliver the goods or refusal to take over the ordered shipment.

The goods are delivered in standard packaging from the manufacturer, carefully wrapped in different packaging material and placed in transport packaging. An instruction manual is delivered together with the ordered goods, if required by the nature of the ordered goods. When the goods are delivered, the buyer is given an invoice with the details of the tax document – these are always stuck on the outside of the transport package in a red plastic pocket. The buyer, or any other person who is empowered to accept the goods by the buyer, must confirm the proper acceptance of the ordered goods together with all the listed documents with their signature on the relevant document.

The risk of damage to the goods passes to the buyer when the goods are handed over for transport to a third party.

IMPORTANT: Please inspect the package properly when you receive the shipment. If you find that there has been visible external damage to the package of the shipment, or there are shards rattling in the shipment, immediately indicate the specific damage to the package or the shipment in the driver's delivery note to confirm receipt of the shipment or to the Record of Damage.

It is necessary to resolve the complaint immediately after receiving the shipment, in the presence of the driver, who has all the documents necessary to write the complaint.

Insist on submitting a claim! Writing a complaint is the driver's duty, and without immediate writing of the complaint and subsequent appropriate photo documentation, the complaint will not be processed! Only write a complaint protocol with the driver.

If the goods are obviously broken, do not accept the shipment. However, damaged packaging does not automatically mean broken goods.

Apply for a complaint by e-mail to the Seller. The deadline for the buyer to file a complaint about the shipment is 24 hours from the delivery of the shipment. The seller has the opportunity to claim the damaged contents of the shipment with the relevant carrier only 48 hours after the delivery of the shipment to the buyer within the scope of transport within the Czech Republic! For international shipments, the deadline is 7 calendar (not working) days from receipt of the shipment.

In order to process a claim for the damaged contents of the shipment, it is necessary to provide evidence (except from the claim conditions of the transport company DPD, GLS):

a) Proof of the purchase price (Purchase invoice, possibly an affidavit with the calculation of the production or purchase costs.)
b) Accompanying document for the shipment (Issued invoice, delivery note, complaint protocol.)
c) Record of damage written with a DPD, GLS employee (In case of obvious damage to the packaging.)
d) Photo documentation of damaged shipping packaging, used padding and damaged contents - photos should be from multiple angles. If you have seen a courier handling parcels carelessly, describe it in the Damage Report..
e) Service report, if the circumstances of the case require it (If the goods have a purchase value of more than 2,500 CZK excluding VAT, the service report determines the possible (un)repairability) or a price quote for the repair.)

The process of claiming damaged contents of parcels is governed by the General Terms and Conditions of DPD CZ, s.r.o., GLS CZ s.r.o., and the time for processing a claim by DPD is 30 daysfrom the date of application. We will inform you immediately after receiving information about handling the complaint.

You can find detailed information about parcel complaints on the pages of the transport company DPD, GLS and in the article Transport of fragile goods.

10. FAILURE TO PICK UP GOODS - STOWAGE

It is necessary to pick up the ordered goods within the agreed dates.

GOODS ORDERED THROUGH THE INTERNET:

– personal collection, payment on collection: the goods are blocked for the customer for 3 working days. After this period, the customer is considered to have lost interest in the goods and the goods are released to other paying customers

– personal collection, payment in advance on an advance invoice: The maturity period for advance invoices is 7 days. For this period, the ordered goods are blocked for the customer. If the due date is not met, the order and blocking are canceled and the goods are released for other paying customers.

– delivery of goods, payment on delivery or payment in cash: If a business customer or a consumer buyer cannot or does not want to pay for the ordered and imported goods, the goods will be taken back and the customer will be charged the full amount of unnecessary shipping and the costs associated with handling the goods.

GOODS ORDERED THROUGH SALES REPRESENTATIVES OR AT THE STORE:

– personal collection, payment upon collection: the goods are ready for the customer on the agreed collection date and at the designated location (store, warehouse). Unless otherwise stated in the order, the unpaid goods are blocked for the customer for 3 working days from the time of the agreed delivery date. After this period has expired, the customer is considered to have lost interest in the goods and the goods are released to other paying customers.

– personal collection of pre-paid goods: the goods are ready for the customer on the agreed collection date at the agreed place (store, warehouse). If the customer does not pick up the goods by the agreed date, the paid goods are taken back to the warehouse from the store and stored there for free for 7 calendar days. Picking up of goods is only possible in the warehouse. After this period, the storage fee is charged to the customer.

WAREHOUSE FOR PAID GOODS NOT PICKED UP ON TIME

Storage of unclaimed paid for goods is charged. Up to the area of 1 euro pallet included (120x80cm) is 50 CZK excluding VAT for each calendar day started.

11. PRODUCT WARRANTY

The seller is responsible to the buyer-consumer that the item has no defects upon receipt (guarantee for quality upon receipt pursuant to Civil Code (§ 2161 ObčZ). The invoice for the goods also serves as a warranty card.

For all goods sold by the seller, the final consumer iscprovided with a legal warranty period, unless otherwise specified by the specific manufacturer, from the date of sale to the buyer. The liability for defects is 2 years, but it may happen that the national regulation of another country gives a longer warranty within the statutory warranty claim. If the product is stored at the buyer's place before its sale to the final consumer for a period longer than 3 months, the extension of the warranty towards the consumer is borne by the buyer.

The warranty does not cover:

• wear and tear and damage resulting from normal use of the product,
• damage to the product as a result of its use contrary to the instructions for use and generally known and customary methods of use,
• damage to the product caused by its pollution, accident or force majeure,
• mechanical product damage,
• damage caused by the use of unsuitable media (batteries, heating media, etc.)
• defects and damage caused by unprofessional intervention in the product
• defects and damage caused by inappropriate use or treatment (cleaning chemicals must always match the nature of the product)
• as a result of weather conditions,
• defects and damage caused by intentional damage
• or defects that the customer has been notified of in writing in the purchase contract (invoice).

A defect in the goods is not the usual color or structural difference in natural materials, textile and artificial materials (e.g. if there are slight deviations in the pattern of the fabric or in the color tone), lacquered or tiled surfaces, especially in the case of additionally ordered goods. Dimensional differences for fabric products within tolerance are not a defect.

The seller reserves the right to make minor technical changes to the goods sold and the method of packaging.

12. RULES FOR COMPLAINTS FOR DAMAGED OR INCOMPLETE SHIPMENTS FROM GASTRO HOLDING CANDOLA SENT BY DPD, GLS OR TRUCK TRANSPORT

Dear customers, we greatly value our business partnership and we assure you that we are always ready to defend primarily your interests, but also ours, and therefore we would like to remind you of the prescribed procedures for dealing with possible complaints about shipments that are damaged or incomplete.

By following these procedures, you will ensure the probl em-free recognition of your complaint and its speedy resolution. On the contrary, if these procedures are not followed, it is quite likely that the claim will not be recognized, as the shipments leave GASTRO HOLDING CANDOLA in 100% good condition, which we can always prove.

The exact wording of the claim procedure for damaged or incomplete shipments is in a separate document listed in the section Transport of fragile goods.

13. COMPLAINT RULE

of the company GASTRO HOLDING CANDOLA s.r.o.

Although in the assortment of wholesale GASTRO HOLDING CANDOLA s.r.o. you will find only the best quality products from world-renowned brands, a material defect can never be ruled out. As we value our clients' time as well as our own, we try to prevent complaints with an extremely careful check. Sometimes it can happen that the item gets damaged or you are not satisfied with it for some reason and want to return it.

Definition of terms:

The seller is company GASTRO HOLDING CANDOLA s.r.o. For the purposes of these terms and conditions, the seller is an entrepreneur who, unlike the buyer, acts as part of his business activity or as part of the independent performance of his profession when concluding and fulfilling the contract.

For the purposes of these terms and conditions, the buyer is understood as a consumer, which is a person who, unlike the seller, does not act as part of his business activity or as part of the independent performance of his profession when concluding and performing the contract. A consumer buyer is a person who does not claim the purchased goods in their own tax records.

Seller:

Invoicing Address:

GASTRO HOLDING CANDOLA s.r.o., with registered office Králodvorská 1086/14, 110 00 Praha 1, IČO: 24820041, DIČ: CZ24820041

registered in the Commercial Register in the section C., entry 177307 at the Municipal Court in Prague (hereinafter referred to as “Seller”), Gastro Holding Candola, s.r.o., U Továren 256, 102 00 Praha 15 - Hostivař, is the only point of contact for product complaints, including goods purchased through the online store located at the Internet address www.candola.cz and www.ancap.cz.

Contact details of the Seller:

Correspondence address for all communication, sending goods and complaints:

Gastro Holding Candola, s.r.o.
U Továren 256
102 00 Praha 15 - Hostivař
Czech Republic

Contact e-mail:  info@candola.cz
Contact phone: (+420) 283 853 242

In order to avoid possible misunderstandings, we distinguish between the following alternatives for product complaints:

Goods claim - you have been supplied with goods which you believe have manufacturing defects.

Delivery claim - you have been delivered goods other than what you ordered, or you have taken delivery from the carrier and discovered that the goods have arrived damaged / broken

Returning goods - you want to return the goods purchased through the online store and delivered by the shipping company for any reason (you don't really like it, etc.). We guarantee you the right to do so for a period of fourteen days from the delivery of the goods.

COMPLAINT OF GOODS

I. INTRODUCTORY PROVISIONS
1.1 The seller will hand over to the buyer the object of purchase (hereinafter also referred to as "goods") in the agreed quantity, quality and design. If the quality and execution are not agreed upon, the seller performs in the quality and execution suitable for the purpose apparent from the contract; otherwise usual for the purpose.
1.2 If possible, the buyer inspects the goods as soon as possible after taking them over (in the case of self-service sales after payment of the purchase price) and makes sure of its properties and quantity.

II. RESPONSIBILITY OF THE SELLER
2.1 The seller guarantees to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
a) the goods have the properties agreed upon by the parties, and in the absence of an agreement, such properties that the seller or manufacturer has described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
b) the goods are suitable for the purpose that the seller states for their use or for which goods of this type are usually used,
c) the quality or design of the goods corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
d) the goods are in the appropriate quantity, measure or weight,
e) the goods comply with the requirements of legal regulations.
2.2 If a defect becomes apparent within six months of receipt, it is considered that the goods were already defective upon receipt.

III. RIGHTS FROM DEFECTIVE PERFORMANCE
3.1 The buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of taking over the goods (if it is stated on the sold goods, on their packaging, in the instructions attached to the goods or in advertising in accordance with other legal regulations period during which the goods can be used, the provisions on the quality guarantee apply - see Article IV. below).
3.2 The provision of Article 3.1 does not apply:
a) for the wear and tear of the goods caused by their usual use,
b) for goods sold at a lower price due to a defect for which a lower price was agreed,
c) if it follows from the nature of the thing (goods).
3.3 If the buyer requests it, the seller will confirm to him in writing the extent and duration of his obligations in the event of defective performance.The seller has obligations from defective performance at least to the extent of the manufacturer's obligations from defective performance. In the confirmation, the buyer will also state his name, address and identifying information, as well as other information needed to establish his identity. If the nature of the goods does not prevent this, such a confirmation can be replaced by a proof of purchase of the goods containing the specified data.
3.4 If the goods do not have the characteristics specified in Article 2.1, the buyer can demand the delivery of new goods without defects, if this is not unreasonable due to the nature of the defect, but if the defect concerns only a part of the goods, the buyer can only demand the replacement of the part; if this is not possible, he can withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to remove the defect free of charge.
3.5 The buyer has the right to deliver new goods or replace a part even in the case of a removable defect, if he cannot properly use the goods due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the buyer has the right to withdraw from the contract.
3.6 If the buyer does not withdraw from the contract or if he does not exercise the right to deliver new goods without defects, to replace a part of it or to repair the goods, he can demand a reasonable discount. The buyer has the right to a reasonable discount even if the seller cannot supply him with new goods without defects, replace its part or repair the goods, as well as if the seller does not remedy the situation in a reasonable time or if the remedy would cause significant difficulties for the consumer.
3.7 The right of defective performance does not belong to the buyer, if the buyer knew before taking over the goods that the goods had a defect, or if the buyer himself caused the defect. Cases where the buyer has caused the defect himself are considered, among others, cases where the defect is caused as a result of: a) use of the goods contrary to the instructions for use, b) incorrect assembly or disassembly of the goods, c) unauthorized repairs or changes made to the goods , d) impact, fall or other mechanical damage to the goods (e.g. scratching the surface of the goods).
3.8 If the goods have a defect for which the seller is liable, and if the goods are sold at a lower price, the buyer has the right to a reasonable discount instead of the right to exchange the goods.

QUALITY GUARANTEE
4.1 With a quality guarantee, the seller undertakes that the goods will be suitable for use for the usual purpose or that they will retain their usual properties for a certain period of time. The indication of the warranty period or the period of use of the goods on the packaging or in advertising also has these effects. A guarantee can also be provided for individual components of the goods.
4.2 If the contract and the warranty statement specify different warranty periods, the longest period applies. However, if the parties agree on a different warranty period than that indicated on the packaging as the period of use, the agreement of the parties takes precedence.
4.3 The warranty period starts from the delivery of the goods to the buyer.
4.4 The buyer has no right from the warranty if an external event caused the defect after the risk of damage to the goods has passed to the buyer. This does not apply if the seller caused the defect.

V. EXERCISE OF RIGHTS
5.1 Defect rights and rights from the quality guarantee apply to the seller from whom the goods were purchased.
5.2 The seller is obliged to accept the complaint at the establishment.

5.3 The seller is obliged to issue a written confirmation to the buyer of when the buyer has exercised the right, what is the content of the claim and what method of processing the claim the buyer requires; and further a confirmation of the date and method of settlement of the complaint, including confirmation of the repair and its duration, or written justification for the rejection of the complaint.
5.4 The seller decides on the complaint immediately, in complex cases where the manufacturer must comment on the complaint, within fourteen working days. This period does not include the time appropriate for the type of goods or service required for a professional assessment of the defect. The complaint, including the removal of the defect, must be handled without undue delay, no later than 30 daysfrom the date of the complaint, unless the seller and the buyer agree on a longer period.

VI. APPLICABILITY OF THE COMPLAINT RULE
6.1 In cases where the seller sells goods to a person who is an entrepreneur and when concluding the purchase contract it is clear from the circumstances that the purchase also relates to the business activity of such a person (entrepreneur), instead of the provisions of this Complaints Code, the relevant legal regulation, this Complaints Code, shall apply therefore does not apply to such cases.

VII. FINAL PROVISIONS
7.1 If there is a change in the legal regulations on which this complaint regulation is based, such that its provisions come into conflict with a valid and effective legal regulation, such legal regulation takes precedence before the wording of the complaint regulation.

COMPLAINTS ON DELIVERY OF GOODS
Did we send you something else?
Please accept our apology and inform us of the situation immediately on the contact details, preferably by phone. Depending on what happened, we will agree on how to resolve the situation. Do not throw away the packaging material.

Immediate notification is understood immediately after receiving the goods, no later than 3 working days after the delivery of the goods. Later delivery claims will not be taken into account!
Ideally, take a photo of the product, including the packaging material
Contact us for an operative solution to the situation that has arisen:
at email address info@candola.cz or by phone +420 283 853 242

Were you delivered broken goods which was the damage during transport?
You can find detailed information on the procedure for goods damaged during transport in the article Transport of fragile goods.

14. PURCHASE WITHOUT RISK – WITHDRAWAL FROM THE PURCHASE CONTRACT

Withdrawal from the purchase contract within 14 daysfor goods ordered via the Internet and delivered by the transport company for the consumer buyers.

If the buyer is not satisfied with the goods after delivery of the online order (in the sense of the terms and conditions), he has the right to withdraw from the purchase contract without giving reasons within 14 daysof receipt. The specified period is intended for the buyer to become familiar with the nature, properties and functionality of the goods purchased through the e-shop to a reasonable extent.

The fourteen-day period is definitely not for free rental and use of goods!

All goods can be viewed and purchased in our brick and mortar store. The 14-day withdrawal period does not apply to goods ordered via the Internet during personal pickup in the store, as the customer could view the goods and reconsider or change their purchase.

Address for delivery of returned goods – in person or through a carrier at the buyer's own expense:

Gastro Holding Candola, s.r.o.
U Továren 256
102 00 Praha 15 - Hostivař
Czech Republic

In order to meet the deadline, it is decisive when the Buyer-consumer sent the withdrawal from the contract to the seller. The deadline for withdrawing from the contract is 14 days. Within the same period at the latest, the Buyer-consumer is obliged to send or hand over the purchased goods to the seller. The goods must be returned to the Seller (not for cash on delivery) complete, preferably in the original packaging, and must not show signs of wear or damage. The costs for returning the goods are borne by the Buyer. The money for the goods will be returned to the Buyer only after complete receipt of the goods and an individual evaluation of the wear of the returned goods.

Returned goods must be well packed to avoid damage during transport. We recommend attaching a completed complaint form, invoice, or delivery note, which will serve as a document confirming the purchase of goods from us and will facilitate the identification of the goods and the request. To withdraw from the contract, it is necessary to use "Withdrawal form". It is not possible to withdraw from the contract without the accounting document submitted!

The goods must be returned in the original undamaged, intact packaging. In the case of destroyed or damaged packaging of the goods, the seller (GASTRO HOLDING CANDOLA s.r.o.) has the right to pay the costs associated with repackaging the goods. The packaging for gift packaging is the subject of purchase and part of the purchased item. In case of damage to the gift wrapping, the customer will be charged in full. Even so, GASTRO HOLDING CANDOLA s.r.o. has the right to reimbursement of the costs actually incurred in connection with the return of the goods. These costs are always assessed individually and as such are subsequently charged to the customer and included in the amount for the returned goods.

We will send the money for the returned goods to the customer's bank account, no later than 14 days after receiving the goods (the customer fills in the account number and bank code in the complaint form or in the "Withdrawal form"). The customer will send the goods at his own expense.

The goods can be tested, but the seller (GASTRO HOLDING CANDOLA s.r.o.) has the right to reduce its value in the event that the customer abuses his right and disposes of the goods regardless of their nature and characteristics. Considering the variety of goods, each case is handled individually. The reduction can reach up to 100% of the price of the goods. The customer can try on the goods, but there should be no obvious wear and tear. It is necessary to think about the costs that the seller will have to restore the goods to their original condition and that will be calculated for the customer. The customer will avoid this reduction if they handle the goods in accordance with the terms of trade. If the customer needs to try on the goods for any reason, then the reduction of the price for the returned goods is avoided by bringing the goods to their original flawless condition themselves (cleaning, assembly, proper packaging, etc.). If the seller incurs the costs of such depreciated goods, the value of the returned goods will be reduced by this amount.

The consumer cannot withdraw from the contract:

for the delivery of goods modified or manufactured according to the wishes of the consumer or for his person, as well as goods that are subject to rapid deterioration, wear and tear or obsolescence
for the supply of audio and video recordings and computer programs, if the consumer has broken their original packaging
for the delivery of newspapers, periodicals and magazines
Exceptions are cases where withdrawal from the contract is expressly agreed.

Summary:

returned goods should not be used, damaged or otherwise devalued
the buyer consumer delivers the returned goods personally or via a carrier at his own expense to the stated address of the seller's establishment
if the goods are damaged or used, or if the packaging is damaged (or completely missing), the refund amount will be reduced accordingly, in rare cases the refund may be refused
returned goods sent by cash on delivery will not be accepted
damage to the goods caused by transport when returning them will be charged to the buyer
the goods must be returned including the original proof of payment – invoice, receipt
the return guarantee does not apply to goods ordered via the Internet with personal collection at the store
The 14-day return period does not apply to non-consumer buyers - entrepreneurs, i.e. to persons who purchase goods for a company, CIN.

15. GOODS TO BORROW

Do you equip a cafe or restaurant? Are you changing the menu? And you need to see how the new inventory will match the interior and how the food will look on it?

To borrow goods, it is necessary to document:

Invoicing data, delivery address, company name, name of the responsible person who requested the goods, telephone and e-mail contact.

Goods selected in a brick-and-mortar store or through catalogs or websites can be picked up in person or we can send them by a transport company.A visit by a sales representative can be arranged.

The goods are borrowed for a period of 7 calendar days. The first day is the day of purchase and the seventh day is the day of return.

We borrow the goods against a 100% deposit of the price of the goods. If the customer returns the goods within the stated period undamaged, in the original undamaged packaging, the full purchase price is refunded.

The borrow of goods cannot be paid for by card or bank transfer. We only accept cash payments. In the case of delivery by a transport company, payment can be made upon receipt of the goods by cash on delivery.

If the customer does not manage to return the goods after the specified period of 7 calendar days, he will pay the amount for each started day as if it were a commercial inventory borrow. This is usually 10% of the purchase price for each day started.

The goods can be returned in person at the store or by the shipping company.

The return of borrowed goods via the transport service is charged to the customer. Goods returned by cash on delivery will not be accepted.

The customer is responsible for the flawless packaging of the goods and their protection against possible deterioration. In the event of damage to the goods during transport, the amount for the damaged goods is charged to the customer.

If the goods are damaged in any way by the customer during the borrow, the amount for the damaged goods will be deducted from the price of the returned goods.

Borrowed goods are returned to the address:

Gastro Holding Candola, s.r.o.
U Továren 256
102 00 Praha 15 - Hostivař
Czech Republic

16. FORM FOR WITHDRAWAL FROM THE CONTRACT BY THE CONSUMER

It is a separate document made available on the website.

17. TERMS OF USE OF THE WEBSITE

The operator of the website www.candola.cz a  www.ancap.cz is GASTRO HOLDING CANDOLA s.r.o. (hereinafter referred to as the Operator), which is in accordance with Act č. 121/2000 Sb., the copyright act (hereinafter referred to as the Copyright Act) authorized to exercise property rights to this website. It is prohibited to copy any part of the content, appearance or program code of the website.

The operator hereby issues conditions for the use of the www.candola.cz and www.ancap.cz websites (hereinafter referred to as Conditions). These Conditions apply to all private and legal persons who intend to use the respective pages.

It is forbidden to interfere in any way with the technical nature or content of the website without the consent of the Operator. Only the Operator has the right to decide on the change, removal or addition of any part of these pages.

Some of the information published on the website is taken by the Operator from other sources that it considers trustworthy. Nevertheless, the Operator is in no way responsible for the correctness and up-to-dateness of the published information.

All information published on this site is for informational purposes only.

Only the Operator is authorized to change or supplement these Conditions. Legal relationships that arose between the Operator and the user of these pages before the change or cancellation of the Conditions are governed by the wording effective on the date of creation of these relationships.

18. WEBSITE OPERATION, LIMITATION OF LIABILITY

The company GASTRO HOLDING CANDOLA may change, add or remove any part of the Website at any time and without prior notice, including the features and specifications of the products described or displayed on the Website. Any changes to any of the conditions listed on this website will be effective upon posting. By continuing to use this Website after changes are posted, you indicate your acceptance of those changes.

Although we have made great efforts to ensure the accuracy of the information on these pages, GASTRO HOLDING CANDOLA does not accept responsibility for them. Materials may contain incorrect information or typographical errors. We hereby confirm that reliance on any opinion, advice, statement, note or information is at your own risk. All content is provided "AS IS" and "AS AVAILABLE". GASTRO HOLDING CANDOLA expressly disclaims any warranties or guarantees of any kind, whether outright or implied, including and without limitation warranties of merchantability and/or fitness for a given purpose, failure to carry out unauthorized intervention, or related to the operation of this site or its content. GASTRO HOLDING CANDOLA does not warrant or guarantee the security of this website. GASTRO HOLDING CANDOLA does not guarantee that the Internet pages or servers that make these pages available or electronic communications sent by GASTRO HOLDING CANDOLA do not contain viruses or other harmful elements. All such warranties, guarantees and conditions are excluded except to the extent that the law prohibits their exclusion.

IN NO EVENT SHALL GASTRO HOLDING CANDOLA BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING AND WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF CONTRACTS, LOSS OF REVENUES, LOSS OF DATA, LOSS OF INFORMATION OR INTERRUPTION OF BUSINESS) FROM THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT. EXCEPT FOR THESE PROVISIONS, IN NO EVENT SHALL GASTRO HOLDING CANDOLA BE RESPONSIBLE FOR ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECTS OR INAPPROPRIATION OR UNVERIFIED INFORMATION CONTAINED ON THIS SITE.

19. FINAL PROVISIONS

These terms and conditions apply as stated on the seller's website on the day the purchase contract is concluded. After its confirmation, the consumer's order is archived as a concluded contract between the buyer and the seller for the purpose of its fulfillment and other records, and its status is accessible to the buyer. The contract can be concluded in the Czech language, or in other languages, as long as this is not the reason for the impossibility of concluding it. By purchasing, the customer agrees to receive commercial communications.

These terms and conditions allow the consumer to archive and reproduce them. At the moment of concluding the purchase contract, the buyer accepts all provisions of the terms and conditions in the wording valid on the day the order is sent, including the price of the ordered goods stated in the confirmed order, unless otherwise demonstrably agreed upon in the specific case.

These Terms shall become effective on April 24, 2024.