Terms and conditions
The following General Business Terms and Conditions (“General Business Terms and Conditions”) regulate the relationships of parties to a purchase/licence agreement entered into by and between Okusaro s.r.o.. No. 05497574, VAT Reg. No. CZ05497574, with its registered office at Adamova 466/9, 162 00 Praha 6 - Veleslavín Czech Republic, (“Okusaro” or "Seller"), and the purchaser (“Purchaser”).
By placing the order, the Purchaser acknowledges having been familiarised with these General Business Terms and Conditions prior to entering into the agreement, namely with the representations and warranties given in Part II hereof and explicitly agrees to the same in the wording valid and effective as at the moment of placing the order.
The Purchaser acknowledges that the registered trademarks, trade names, company logos, etc. of Okusaro or Okusaro’s contractual partners cannot be used by the Purchaser by virtue of having purchased the products offered by Okusaro, unless a specific agreement individually provides otherwise.
When accepting the goods and/or services, the Purchaser is issued an invoice including the basic details of the agreement.
II. Pre-Contractual Representations and Warranties
Okusaro represents and warrants that:
The Purchaser is required to pay the purchase price before accepting the goods from Okusaro or make an advance or similar payment for specific services if the same are offered by Okusaro and requested by the Purchaser.Okusaro enters into no ongoing contracts. If such contracts are facilitated by Okusaro, the Purchaser is informed about the shortest binding term of such contract by the provider in question, along with the price (or method of its determination) charged in one billing period (being at all times one month if such price is constant).Unless stipulated otherwise, the licence fee stipulated in a licence agreement entered into for an indefinite period is agreed for the entire licence term.The prices for goods and services displayed on the website operated by Okusaro are quoted incl. and excl. VAT, with all statutory fees (if any). Shipping costs, however, vary with reference to the selected shipping method, carrier and payment method.Purchasers-consumers can and may withdraw from the agreement (unless otherwise stipulated below) within a period of 14 days commencing on the day of:
i. receiving the goods (purchase agreements);
ii. receiving the last delivery (agreements for the purchase of several types of goods/delivery of several parts); or
iii. receiving the first delivery (ongoing contracts);
iv. they can withdraw in writing either by sending the notice of withdrawal to the Okusaro office, to the Okusaro e-mail address, communicating it by placing a phone call, or completing the form available on the Okusaro website.
The purchaser cannot withdraw from an agreement for the:
i. provision of services performed by Okusaro with previous explicit consent of the consumer prior to the expiration of the period of notice;
ii. delivery of goods/services offered for the price affected by deviations in the financial market beyond Okusaro’s control with a potential to occur during the period of notice;
iii. delivery of goods adjusted as per the requirements/for the needs of the consumer;
iv. delivery of fast moving consumer goods/goods irreversibly mixed with other goods after delivery;
v. repair or maintenance carried out in a place designated by the purchaser as per the purchaser’s request (save for other than requested repairs/delivery of other than requested spare parts);
vi. delivery of goods in a sealed packaging removed by the purchaser whereby such goods cannot be returned for sanitary reasons;
The costs incurred in association with returning the goods (withdrawn agreements)/costs of returning the goods other than by ordinary post if the nature of such goods so precludes (withdrawn agreements negotiated away from business premises) are borne by the purchaser.The purchaser is required to pay a pro-rata price for services already commenced to be provided under a withdrawn agreement.Any complaints can be made by e-mail or reported to the supervisory/state supervision authorities.In case of pre-orders, the price of such goods is only estimated. The final price may vary. Okusaro will inform the Purchaser about any price change. The purchase price of the goods will be determined after the goods will be stored at the warehouse in Okusaro. Any difference between the estimated price and the purchase price will be refunded by Okusaro or the Purchaser will pay the difference prior to the delivery of the goods unless the Purchaser decides to cancel the pre-order. Okusaro reserves the right to change the delivery date for pre-ordered goods. In the event of a substantial change in the delivery date (i.e 21 days), the Purchaser has the right to withdraw from the pre-order. Should the circumstances, Okusaro had considered at the time of the pre-order, change to the extent that Okusaro cannot be reasonably required to be bound by the pre-order, Okusaro has the right to cancel the pre-order without further notice and subsequently inform the Purchaser. III. Agreement
The Purchaser enters into the agreement by accepting the offer to enter into the agreement as displayed on the website operated by Okusaro and in particular by adding the requested product (goods, services, digital content) to the cart. The Purchaser may as well enter into the agreement with the assistance of Okusaro customer service representatives, either by telephone or by email. The Purchaser can change the products added to the cart as well as the selected shipping and payment method, i.e. check the order details, before placing a firm order. The purchase agreement is entered into upon the moment the Purchaser (having selected the shipping and payment method) submits the order and the order in question is received by Okusaro whereby Okusaro assumes no liability for any mistakes and errors (if any) having occurred during the transfer of data. The Purchaser is informed about the executed agreement in a confirmation e-mail letter sent by Okusaro to the e-mail address provided by the Purchaser.
Under the purchase agreement, Okusaro undertakes to deliver the product to the Purchaser, provide the digital content/licence to the Purchaser and enable the Purchaser to acquire the title/licence to the product/digital content purchased under the purchase agreement; the Purchaser undertakes to receive the product/digital content from and pay the purchase price to Okusaro.
As Okusaro reserves the right of ownership to the product, the Purchaser acquires the title to the product only after the purchase price has been paid in full. The same applies with necessary modifications also to the purchased licences or services.
Okusaro delivers the product to the Purchaser along with relevant documents pertaining thereto and enables the Purchaser to acquire the title to the product/licence in compliance with the agreement.
Products to be shipped by Okusaro are delivered to the Purchaser by submitting the product to the shipping company and enabling the Purchaser to claim the rights implied by the shipping agreement with the shipping company.
If more items are delivered in excess of the amount agreed, the purchase agreement is deemed entered into for the number of items delivered; unless the Purchaser rejects such items without undue delay.
Okusaro delivers the purchased product to the Purchaser in the agreed amount, quality and design.
If not agreed otherwise, the product is packed by Okusaro by convention; if no convention exists, the product in question is packed as to provide for its protection and preservation.
3. Risk of Damage
The product is faulty if it lacks the agreed characteristics. The product is deemed faulty also if the Purchaser is delivered other than the ordered product or the documents necessary for the use of the product in question contain defects.
The Purchaser can claim improper performance with reference to the defect inherent to the product at the moment the risk of damage passes to the Purchaser although the defect in question becomes evident only later. The Purchaser can claim the rights also with reference to a defect that has become evident later as result of a breach of Okusaro’s obligation.
The Purchaser is to examine the product, its characteristics and quantity as soon as feasible after the risk of damage to the product passes to the Purchaser.
The risk of damage passes to the Purchaser upon accepting the product in question; the same applies also to cases where the Purchaser rejects to accept the goods although having been enabled by Okusaro to view and try the product.
Damage to the product occurring after the risk of damage has passed to the Purchaser does not affect the Purchaser’s obligation to pay the purchase price unless the damage occurred as result of a breach of Okusaro’s obligation.
If one party is delayed in accepting the product, the other party may and can reasonably sell the product at the expense of the delayed party and do so following a prior notice and providing the delayed party with an additional reasonable period to accept the product. The same applies also to delays on payment where the product cannot be accepted unless the purchase price is paid.
4. Liability (Okusaro)
Okusaro guarantees to the Purchaser that the product is free from defects when received by the Purchaser. In particular, Okusaro guarantees to the Purchaser that, at the moment the product is received by the Purchaser:
The product has the characteristics agreed by the parties or (if no agreement is reached), the characteristics described by Okusaro or the manufacturer or expected by the Purchaser with reference to the nature of the goods and related advertisement.The product can be used for the purposes stated by Okusaro or for the purposes for which the product of that kind is usually used.The product is provided in the corresponding quantity, measurement or weight.The product complies with the requirements stipulated by law.
Unless stipulated otherwise, the Purchaser may and can claim faulty consumer goods within 24 month after receipt. This does not apply to:
discount-related defects;usual wear and tear;defects caused by ordinary use or wear and tear and evident at the moment of receipt by the Purchaser; orcases implied by the nature of the case.
The Purchaser may and can claim faulty consumables (cosmetics, drugstore items, etc.) within twenty-four (24) months. If, however, a best before date is indicated on the product, the warranty period is shortened and terminates on the date indicated on the packaging.
The Purchaser acknowledges that if any gifts are received with their order, it is not possible to claim faulty gifts within 24 months of their receipt. The Purchaser may and can claim faulty gifts only within 14 days of their receipt.
Improper performance cannot be claimed if the Purchaser was aware about the defect before accepting the product or if the defect in question was caused by the Purchaser.
Discounted/used products found faulty can and may be subject to a reasonable discount rather than replacement.
5. Material Breach
If improper performance constitutes a material breach of the agreement, the Purchaser may and can:
have the defect removed by being delivered a new defect-free product or the missing part if such is not unreasonable with respect to the nature of the defect in question; in case of a component part affected by the defect, the Purchaser can only claim that the component part in question be replaced; if such is not feasible, the Purchaser may withdraw from the agreement; if, however, the above is not reasonable with respect to the nature of the defect in question, especially if the defect can be removed without undue delay, the Purchaser may and can have the defect removed for free;have the defect removed by repair;be given a reasonable discount on the purchase price; orwithdraw from the agreement.
When claiming the defect in question, the Purchaser informs Okusaro as to which of the aforementioned options the Purchaser has selected and does so either immediately or without undue delay thereafter whereby the selected option can be then changed only if so approved by Okusaro; with the exception of a defect requested by the Purchaser to be repaired and subsequently being identified as irreparable. If the defects are not removed by Okusaro within a reasonable period or if the Purchaser is informed by Okusaro that the defects in question will not be removed, the Purchaser may and can claim a reasonable discount on the purchase price instead of withdrawing from the agreement or withdraw from the agreement.
If the Purchaser fails to select one of the options mentioned above, the rights implied by immaterial breach apply – see below.
In addition to cases where Okusaro cannot deliver a new defect-free product, replace the component part or repair the product, Purchasers-consumers may and can claim a reasonable discount also in cases where Okusaro fails to remedy the situation within a reasonable period or where the remedy would cause significant inconvenience to the Purchaser.
6. Immaterial Breach
If improper performance constitutes other than material breach, the Purchaser may and can have the defect removed or be given a reasonable discount on the purchase price.
Unless the Purchaser claims the discount on the purchase price or withdraws from the agreement, Okusaro may deliver the missing parts or remove the defect. Other defects can be removed at Okusaro’s discretion either by repair or delivery of a new product.
If Okusaro fails to remove the defect in due course or refuses to remove the defect, the Purchaser may claim a reasonable discount on the purchase price or withdraw from the agreement whereby the selected option can then be changed only if so approved by Okusaro.
7. General Breach
The Purchaser may claim to have the defect removed by being delivered a new thing or a replaced component part also in cases where the defect can be removed but the product cannot be used because of a repeated occurrence of the defect after repair or a larger number of defects. In such cases, the Purchaser may and can withdraw from the agreement.
If being delivered a new product, the Purchaser returns the original product back to Okusaro (along with all accessories delivered together with the product itself) and does so at Okusaro’s cost.
Purchasers failing to report the defect without undue delay after the defect could have been identified by the Purchaser had the product been examined in due course and with sufficient care will not be adjudicated by court the rights under improper performance. The same applies also to a hidden defect not reported without undue delay after the defect could have been identified by the Purchaser had the product been examined with sufficient care, however, not later than within two years after the product has been delivered to the Purchaser.
8. Quality Warranty
In providing the quality warranty, Okusaro undertakes that the product in question will be fit for the ordinary purpose or will preserve the ordinary characteristics. The same applies also to the warranty period or best before date indicated on the packaging or advertised. The warranty may as well be arranged with reference to individual component parts of a product.
The warranty period commences on the day the product is delivered to the Purchaser.
The Purchaser cannot claim warranty with reference to a defect caused by outer circumstances after the risk of damage has passed to the Purchaser.
If the Purchaser resells the item purchased from Okusaro, donates it, or otherwise transfers the ownership to another person, the Purchaser is obligated to this to Okusaro.
If the Purchaser fails to notify Okusaro, Okusaro will continue to consider the Purchaser to be the owner of the item and therefore the person entitled to any rights and compensation related to its defective performance.
Purchaser may and can withdraw from the agreement within a period of 14 days. The period stated in the first sentence commences on the day the agreement is executed, this being the day of:
receiving the goods (purchase agreements);receiving the last delivery (agreements for the purchase of several types of goods/delivery of several parts); orreceiving the first delivery (ongoing contracts).
Consumers may withdraw from the agreement also by sending a notice of withdrawal to:
maxpedition.shop- contact firstname.lastname@example.org,Nad Šárkou 2069/25, 16000 Praha 6 Dejvice, Czech Republic.
If withdrawing from the agreement, the consumer is to return to Okusaro the goods delivered by Okusaro and do so at Purchaser’s cost without undue delay, however, no later than within 14 days after withdrawing from the agreement.
The goods are to be returned complete, i.e. along with the delivered accessories and complete documentation, undamaged, clean, in the original packaging (if possible) and in the condition and value in which the goods have been received by the Purchaser.
Agreements for the purchase of consumables (cosmetics, drugstore items, etc.) may be withdrawn only if the consumables in question are returned by the Purchaser undamaged, unused and in the original packaging.
Purchaser deciding to withdraw from the agreement in the given period are recommended by Okusaro to send the goods to Okusaro’s address along with a cover letter incl. the reason for withdrawal (not necessary), reference number of the proof of purchase and number of bank account so that the case can be addressed without delay.
Consumers are liable to Okusaro for any decrease in value of the goods caused by handling the goods other than as required by the nature and characteristics of the goods.
In the event of cash reimbursement, Okusaro may require that the Purchaser present his/her ID card (passport or passport) in order to prevent any potential damages or money laundering. If the Purchaser fails to present either of these documents, Okusaro may refuse to make a reimbursement.
Purchasers withdrawing from the agreement are refunded the entire amount paid under the agreement whereby this amount is refunded by Okusaro without undue delay, however, no later than within 14 days following the withdrawal, and with the use of the same method of payment as agreed in the agreement.
Purchasers withdrawing from the agreement may as well be refunded the entire amount paid only after the goods are returned to Okusaro.
Purchaser acknowledge that if the goods are delivered along with any gifts, Okusaro and the Purchaser enter into a contract of donation on the condition that such contract of donation terminates as soon as the consumer enjoys its right and withdraws from the purchase agreement within a period of 14 days whereby the consumer must return the goods in question along with the gifts and everything obtained in relation thereto; if not returned, the same will be considered unjust enrichment. If the profits acquired by unjust enrichment cannot be returned, Okusaro may and can claim monetary compensation in the amount of ordinary price. Withdrawal from the gift contract does not terminate the purchase contract and the contracts are considered in this respect to be separate.
IV. Business Hours
Orders placed in the Okusaro e-shop are accepted 24 hours a day, seven days a week.
In the event of an information systems failure or force majeure, Okusaro assumes no liability for non-observance of the stipulated business hours.
The prices are contract prices. Prices quoted on-line in the e-shop maxpedition.shop are always up to date, valid, and listed in Euros (EUR), with the exception of cases when the wrong price is stated as stipulated in the provisions below in this article.
Prices quoted for individual products are final, that is, incl. VAT and other taxes and fees (if any) payable by the consumer for a product in question (excl. shipping fees, collection fees and cost of distance communication shown in the shopping cart in the amount depending on the option selected by the Purchaser).
Special promotion prices are valid either until stocks are exhausted (with displayed information as to the number of items in question offered for the special promotion price) or for a limited period.
The “original price” refers to the price for which the goods/services/licences in question were originally offered in Okusaros’s e-shop or the manufacturer’s suggested retail price, excluding any bonuses, promotions, special offers or other discounts; the latter being at all times displayed alongside the selling price, which better reflects the product’s market price level.
The Purchaser acknowledges that Okusaro and the Purchaser need necessarily not enter into the agreement, especially if the goods are ordered by the Purchaser for a price mistakenly quoted on the website due to the internal Okusaro system error. Okusaro is entitled to withdraw from such a contract, even after the Purchaser has received an e-mail confirming the order. In such case, Okusaro shall inform the Purchaser of this fact. Examples of pricing errors may include:
the price of the goods is clearly and obviously incorrect (e.g. does not reflect the original purchase price); the price is missing one or more digits, or shows more digits than it should; the discount exceeds 50% without the goods being part of a special marketing campaign or a sale marked with a special symbol. Okusaro would like to point out that the Okusaro information system may automatically state that the goods are on sale even when the price is obviously wrong. In case the Purchaser has any doubt whether the goods are really discounted or it is a pricing mistake, the Purchaser is obligated to contact Okusaro and verify the price status.
Okusaro reserves the right to declare the purchase agreement void in case of misused personal data, misused payment card, etc. or with reference to the intervention of an administrative or court authority of which the Purchaser is informed by Okusaro. The Purchaser acknowledges that the purchase price cannot be entered into as valid in the aforementioned cases.
In addition, Okusaro reserves the right to declare a purchase agreement void if unauthorised use of a discount card or similar voucher has been made in violation of its terms and conditions, in particular if:
the discount card was applied to goods other than those for which it was intended; the discount card was used in conjunction with another discount, even if the addition of these discounts has not been expressly prohibited; the discount card was used for a purchase in the amount below the minimum set price; Okusaro discovers that the discount card has already been used.
The Purchaser acknowledges that in these cases the purchase agreement cannot be validly concluded, and the Purchaser acknowledges that Okusaro is entitled to claim, among other things, unjust enrichment.
Except for cases stipulated by law, Okusaro is entitled to withdraw from the contract in case of an obvious pricing error.
Okusaro can and may withdraw from the contract pursuant to this point within 14 days of the day following the date of conclusion of the purchase agreement between the Purchaser and Okusaro by Okusaro canceling the order or by otherwise indicating to the Purchaser that it is withdrawing from the agreement.
If the Purchaser has paid at least part of the purchase price of the goods, this amount will be transferred back to his/her bank account no later than 14 days from the day following the date of withdrawal from the contract by Okusaro.
The price is stated on the order and in the text message confirming that the order has been placed. Orders can be placed as follows:
a. in the e-shop operated by Okusaro ("e-shop");
b. by phone.
Information about the exact shipping time is included in the e-mail letter sent to the Purchaser. The shipping period and fees depend on the option selected by the Purchaser.
Unless paid in full and received, the goods remain the property of Okusaro. The risk of damage passes to the Purchaser upon receipt.
Once the order is placed, the billing details of the Purchaser cannot be edited.
Okusaro reserves the right to offer only some methods of payment to the Purchaser and do so at its own discretion.
If the Purchaser withdraws from a concluded contract with Okusaro, or if the Purchaser is refunded for any other reason, Okusaro will return the funds received from him/her under the purchase agreement in the same manner. The Purchaser is responsible for providing the correct and accurate data for the refund.
Okusaro delivers the goods either in co-operation with a shipping company or electronically (digital content).
Individual shipping options are offered according to the current availability of individual services and with regard to capacity and range. In case of force majeure or IT system disruption, Okusaro assumes no liability for late delivery of goods.
To prevent damage/legitimisation of proceeds of crime (if any), Okusaro or Okusaro’s contractual partners may and can request that the goods paid in advance be collected against a valid identity document (ID card, passport). Unless the said document is presented, the goods in question may and can be refused by Okusaro or Okusaro’s contractual partners to be collected. This right arises with the provisions of Art. § 2900 of the Civil Code, which stipulates the duty of prevention and precaution.
Goods purchased with a 0% VAT rate by Purchaser-entrepreneur who is a VAT payer at the moment of purchase will be delivered only to the governing body of the legal entity in question, to the person authorized in the submitted authenticated power of attorney. Goods purchased with a 0% VAT rate by Purchasers-freelancers being VAT payers at the moment of purchase will be delivered to the Purchaser-freelancer in question only against a valid ID document (ID card or passport).
If not collected personally at the store, goods purchased by Purchasers being VAT payers at the moment of purchase and invoiced with a 0% VAT rate will be obligatorily delivered to the central office or business premises registered in the Commercial Register, Register of Trade or a similar register.
When receiving the goods from the shipping company, the Purchaser – along with the shipping company representative – is to properly and thoroughly inspect the delivery (namely the number of packages, undamaged sealing tape bearing the company logo and undamaged packaging) as per the enclosed delivery note. The Purchaser may refuse to accept the delivery shipped contrary to the purchase agreement, for instance with reference to incomplete or damaged delivery. If accepting the damaged delivery from the shipping company, the Purchaser is to describe the damage in the delivery note of the shipping company.
Incomplete or damaged deliveries must be immediately reported by e-mail to email@example.com and the damage be described in the report on damage executed with the shipping company representatives and sent to Okusaro by e-mail or post without undue delay. Any subsequent claims of incomplete delivery or damaged packaging do not limit the Purchaser’s right to claim the warranty; yet, they enable Okusaro to prove that the same do not represent a conflict with the purchase agreement.
3. Competitions and Giveaways
Items given away in competitions organised by Okusaro must be collected within 30 calendar days after the competition results have been published by Okusaro. Items not collected within the said time limit will be forfeited for the benefit of the organiser.
The warranty terms and conditions are governed by relevant provisions of Czech Republic law.
Relationships and possible disputes arising from the contract shall be settled exclusively under the law of the Czech Republic and shall be settled by the competent courts of the Czech Republic. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Any disputes arising between Okusaro and the Purchaser may be settled out of court. The Purchaser may contact the extrajudicial dispute resolution entity, such as the Czech Trade Inspection Authority or resolve the dispute on-line through the ODR platform designated for this purpose. Okusaro, however, recommends the Purchaser to first contact Okusaro to address the situation.