Consumer Terms and Conditions
for persons who are not acting within their commercial or other business activity, or within independent professional practice
of Sugar Bat Ltd.,
registered office: Litvínovská 594/16, Praha 9, 190 00,
registered in the Commercial Register of the Municipal Court in Prague, Section C, Insert 204940
1. Basic provisions
1.1 These terms and conditions govern the rights and obligations of the parties arising in connection with or pursuant to the contract concluded between the seller and the buyer through an online store of the seller (the "Contract"). Terms and conditions are an integral part of the Contract.
Seller means the Sugar Bat Company Ltd.
Buyer means any natural or legal person who is not acting within their commercial or other business activity, or within independent professional practice
1.2 The contract is concluded in the Czech language or in translation in the English language. In case of any discrepancy in Czech and English texts of the Contract, the Czech text always takes precedence.
1.3 Any arrangements that are different from Terms and Conditions shall take precedence over the provisions of the Terms and Conditions.
2.1 The seller’s website lists offered goods. Prices of the goods offered include value added tax and all related charges. Information on the mode of transport, means of payment and the costs associated with packaging and delivery of the goods are listed on the seller’s website in the Payment and Delivery section. This information is also displayed during the ordering process.
2.2 Offer of goods and prices of goods remain in force for as long as they are displayed on the website.
2.3 To order goods, the buyer must make the following technical steps:
2.3.1 The buyer "adds" the selected articles in an electronic shopping cart.
2.3.2 The buyer selects the mode of transport.
2.3.3 The buyer selects a payment method.
2.3.4 The buyer fills in their contact information. If the buyer is registered, their contact details are filled in already.
2.3.5 Before the buyer confirms a binding order, the buyer is enabled to check the entered data, to correct any errors and change the data entered during ordering.
2.3.6 The buyer sends a binding order by clicking the "I agree with the Terms and Conditions and place a binding order". Upon receipt by the seller, the buyer’s order shall be immediately confirmed at the given email address.
2.4 The contractual relationship between the buyer and the seller arises upon a delivery of order confirmation from the seller to the buyer. Any offers of goods for sale placed on the website of the shop are not binding and the seller is not obliged to enter into a purchase agreement regarding these goods.
2.5 The contract is archived by the seller in order to successfully meet its Terms and Conditions and is not accessible to uninvolved third parties.
2.6 Costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (the cost of Internet access, telephone costs) are paid by the buyer themselves.
3. Purchase price
3.1 The purchase price in this article includes the costs associated with packaging and delivery of goods.
3.2 In the case of payment by cash in person and in case of payment on delivery, the purchase price is payable upon receipt of goods.
3.3 In other cases, the purchase price is due immediately after the conclusion of the purchase contract. The seller agrees to send the goods only after the payment is made by the buyer.
3.4 If any additional costs arise for the seller in connection to the delivery to the buyer, the buyer agrees to pay these costs within 7 days of the event.
4. Withdrawal from the Contract
4.1 The buyer has the right, in accordance with § 53 paragraph 7 of the Civil Code to withdraw from the contract within 14 days of receipt of the goods, without penalty and without giving any reason. If the buyer decides to exercise this right, they must deliver the withdrawal from the contract to the seller within 14 days from receipt of the goods, at the email address or address of the seller.
4.2. Buyer may not withdraw from the contract in the manner stated in 4.1 of these Terms and Conditions in the cases referred to in § 53 paragraph 8 of the Civil Code, including in the case of supply of goods altered to the buyer's wishes, as well as goods which are subject to rapid deterioration, wear and tear or obsolescence.
4.3 The Seller is entitled to withdraw from the Contract if the buyer fails to pay the purchase price within the period specified in paragraph 3.3 of these Terms and Conditions.
4.4 The Seller is entitled to withdraw from the Contract if the buyer does not accept the goods on time.
4.5 In case of withdrawal from the Contract under Article 4.1 of the Terms and Conditions the Contract is canceled in its entirety. The goods must be returned to the seller within 7 days of dispatching the withdrawal from the contract to the seller. The goods must be returned to the seller undamaged and not worn and, if possible, in the original packaging.
4.6 Within 7 days after the buyer returns the goods according to Article 4.1 of the Terms and Conditions, the seller is entitled to review the returned goods, especially in order to determine whether the returned goods are not damaged, worn or partially consumed.
4.7 In the event of withdrawal from the Contract under Article 4.1 of the Terms and Conditions the seller returns the payment paid by the buyer to the buyer within 7 days from the end of the review period for goods according to Article 4.6 of the Terms and Conditions, in the form of PayPal refund to an account designated by the buyer. Refund by bank transfer will be made if the payment was originally paid to bank account of the Seller.
4.8 The buyer acknowledges that if the goods returned by the buyer are damaged, worn or partially consumed, the seller shall be entitled to the incurred damages. The seller is entitled to unilaterally use the damage claim against the buyer's right to refund the purchase price.
4.9 If a gift was given to the buyer along with the goods, the donation agreement between the seller and the buyer is concluded with an expiry condition that in case of withdrawal from the contract by the buyer the donation agreement regarding such a gift loses its electiveness and the buyer obliged to return the gift along with the goods.
5.0 The buyer acknowledges that an exchange of goods is processed for free the first time it occurs. If the buyer requests a second exchange, shipping cost will be charged to the Buyer. In case of return of an already exchanged product, the Seller will refund the total amount of the returned product lowered by the shipping cost paid for the exchange. In case of second exchange request, shipping cost will be charged to the Buyer.
5. Liability for defects and warranty
5.1 The Seller ensures to the buyer that the goods in question are in accordance with the Contract, and that it is free from defects. Accordance with the Contract means that the goods sold have the quality and properties required by the Contract, described by the seller, the producer or their representative, or expected on the basis of their advertisement, or quality and properties common for this kind of goods, that they meet the requirements of legislation, are in the corresponding quantity, measure or weight and correspond to the purpose stated by the seller for the use for which such goods are normally used.
5.2 In the event that the goods upon receipt by the buyer are not in accordance with the Contract (hereinafter referred to as "conflict with the Contract"), the buyer has the right to demand that the seller bring the goods into the state corresponding with the purchase contract, free of charge and without undue delay, according to the buyer's requirement either by exchanging the goods or their mending; if such a procedure is impossible the buyer may require an appropriate reduction of the price or withdraw from the contract. This does not apply if the buyer knew about the conflict with the Contract prior to the receipt of the goods or caused the conflict with Contract themselves. The conflict with the Contract that becomes apparent within six (6) months from the date of receipt of the goods shall be deemed to have already existed in its takeover, if it does not contradict the nature of the goods or if it is not proven otherwise.
5.3 Unless the goods are such as to deteriorate quickly or used goods, the seller is responsible for defects which appear in conflict with the Contract after taking over the goods during the warranty period (warranty).
5.4 Buyer's rights arising from the seller's liability for defects, including the warranty liability of the seller, are applied by the buyer through the electronic address of the seller. Further advice is given in the Complaint Rules of the seller, which is available on the seller’s website.
5.5 In other matters the rights and obligations of the parties in the case of seller's liability for defects, including the warranty liability, are governed by the generally binding regulations and Complaint Rules of the seller.
6. Protection of personal data
6.1 Protection of personal data is governed by the Act. No. 101/2000 Coll. on the protection of personal data.
6.2 The seller only collects data required for the purpose of execution of the Contract which are passes to them by the buyer during the ordering process, or for the registration of the buyer to the seller's website or for the purpose of sending commercial communications and information to the buyer if the buyer agrees to receive these messages. These data include the following information: personal or company name, surname, contact and billing information (address, ID, VAT ID, phone, e-mail). Personal data shall be processed for an indefinite period, in electronic form.
6.3 The buyer confirms that the personal information is accurate and that they were advised that it is a voluntary submission of personal data.
6.4 The processing of personal data of the buyer may be implemented by a third party appointed by the seller as a processor. With the exception of the persons transporting good, the personal data shall not, without the prior consent of the buyer, be available to third parties.
6.8 In the event that the buyer thinks that the seller or processor processes the personal data in a way that is inconsistent with the protection of private and personal life of the buyer or in conflict with the law, especially if the personal data are inaccurate with regard to the purpose of their processing, the buyer can:
6.8.1. ask the seller or processor for an explanation,
6.8.2. ask the seller or processor to remedy the situation. In particular, it may be blocking, correction, addition or destruction of personal data. If the purchaser's request pursuant to the preceding sentence is found justified, the seller or the processor immediately removes the trouble. If the seller or processor fails to comply with this request, the buyer has the right to contact directly the Office for Personal Data Protection. This provision shall not affect the right of the buyer to contact the Office for Personal Data Protection with their incentive.
6.9 If the buyer requests information about the processing of their personal data, the seller is obliged to deliver this information. Seller has the right to ask for a reasonable compensation not exceeding the necessary cost of providing information for providing this information pursuant to the preceding sentence.
7. Final provisions
7.1 The seller is not bound to the buyer by any codes of conduct within the sense of § 53 and paragraph 1 of the Civil Code.
7.2 Relations and any disputes arising on connection to this Contract shall be resolved exclusively by the applicable laws of the Czech Republic and will be settled by the courts of the Czech Republic.
7.3 By placing an order the buyer confirms that they are familiar with these Terms and Conditions, of which the complaint rules form an integral part, and agree with them. The buyer is notified about these Terms and Conditions in the last step of filling the order.
7.4 The seller is entitled to sell goods under a trade license and their activity is not subject to any other authorization. Trade inspections is carried out by the authorized licensing office.
7.5 These Terms and Conditions are valid and effective from March 1st, 2017. The seller may change and complement these Terms and Conditions. This is without prejudice to the rights and obligations arising under the efficacy of the previous version.