General Terms and Conditions for Online Ordering in the Portfolio Restaurant
The company WELHAM a.s.,
Registered office: Havlíčkova 1030/1, 110 00 Prague 1,
Company ID No.: 27079601
Company registered in the Commercial Register kept in the Municipal Court in Prague, section B, file 8559 (hereinafter referred to as Provider)
1. These General Terms and Conditions (hereinafter referred to as GTC) regulate the rights and obligations of the Services provider and third parties – Customers who order the services specified below from the Provider via the Internet. By sending an order created on the website www.portfolio-restaurant.cz (hereinafter referred to as Website) a third party agrees with the content of these GTC.
1. The Services provider, as the operator of the Portfolio restaurant located at Havlíčkova 1030/1, 110 00 Prague 1 (hereinafter referred to as the Portfolio), offers its Customers the following services in accordance with these GTC, which are services pursuant to provisions of Sec. 1840 (g) of the Civil Code (i.e. sale of meals, beverages, or other general consumer goods):
- preparation and sale of meals from the Portfolio menu with delivery service located on the Website, in a "takeaway" version, i.e. meals packed for transport and intended for consumption outside the Portfolio restaurant. The current menu, which also includes information about weight, list of allergens, and other information required by law, is available on the Website;
- sale of beverages offered in the takeaway menu located on the Website;
- delivery of the ordered meals from the Portfolio to the address specified by the Customer. The availability and price of the delivery service will always be communicated to the Customer when making an online order.
2. Any other services can be ordered from the Provider only provided they are offered on the Website as services that can be ordered via the Internet.
Making an Order
1. The Customer creates the order using the form on the Website. The Customer is entitled to select only services that can be ordered from the Provider via the Internet according to the information provided on the Website.
2. Sending an order made using the form located on the Website, the Customer proposes the Provider to conclude an agreement for the delivery of ordered services. The conclusion of the agreement itself for the delivery of the ordered services occurs when the Provider sends an email confirming the order to the Customer.
3. By sending the order, the Customer also agrees with the prices of the ordered services, in the amount specified in the order. All prices are final and include VAT in an amount calculated using the valid rate.
Rights and Duties of the Parties, Rights Arising from Defective Performance
1. Only a customer who is legally competent or represented by a legal representative (especially due to his/her age) or a duly appointed guardian may send an order. Sale of any alcoholic beverages is only allowed to persons over 18 years of age, with the proviso that the Customer is obliged to prove his/her age with his/her valid personal identity document when taking the ordered beverages.
2. The Customer is obliged to state correct and true data in the order and prevent occurrence of any damage. In particular, in the event of a request to use the delivery service, he/she is obliged to state the correct and complete address of the place to which he/she intends to have the purchased products delivered.
3. The Customer, who is also a consumer, is entitled to use all rights to consumer protection granted to him/her by the law of the Czech Republic. In particular, the Customer is entitled to exercise his/her rights from defective performance under the provisions of Sec. 1914 to 1925, Sec. 2099 to 2117, and Sec. 2161 to 2174 of Act No. 89/2012 Coll., the Civil Code, as well as to enjoy protection according to Act No. 634/1992 Coll., on Consumer Protection. However, the Customer also acknowledges that according to the provisions of Sec. 1840 (g) of the Civil Code, the provisions of Sec. 1820 et seq. of the Civil Code, and even the right to withdraw from the agreement within 14 days of concluding the order do not apply to the services and products sold by the Provider in accordance with these GTC.
4. The Customer, who is also a consumer, also acknowledges that for possible out-of-court settlement of disputes, he/she can also contact the Czech Trade Inspection Authority (Česká obchodní inspekce, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID No.: 000 20 869, Web: http://www.coi.cz).
5. All complaints shall be submitted to the Provider in electronic form to the address: email@example.com. The Portfolio will confirm the receipt of the complaint electronically to the Customer.
6. Upon receipt, the Customer is obliged to check the delivered goods and shall complain about any obvious defects. The Customer is obliged to take over the delivered goods only if they do not deviate substantially from the order.
7. All meals and beverages supplied by the Portfolio in accordance with these GTC are intended for immediate consumption and cannot be stored after delivery. The exception is
(i) vacuum-packed food in raw or cooked state, or vacuum-packed food and food ingredients for barbecue, which has a shelf life stated on the packaging (maximum 3 calendar days from their receipt). For this shelf life, the warranty provisions shall apply, however the precondition for preservation of its condition is also its proper storage. The description of the method of storage is located on the vacuum package (the need to observe the maximum storage temperature + storage in a dark space). After unpacking, the food must be consumed immediately;
(ii) the same applies for alcoholic beverages (wine) supplied in the manufacturer's originally closed bottles. All beverages must be stored correctly and consumed immediately after opening. Their storage must take place exclusively in the bottle originally closed by the manufacturer, in a dark environment and at a temperature not exceeding 18 degrees Celsius.
8. If the subject of the order is vacuum-packed meat or fish intended for grilling or pastries prepared by the Portfolio, the declared weight of the ordered food may differ by +/- 10% from the value stated on the Website.
9. In the event of defects in the delivered goods, the Customer may claim as defined by the Civil Code (see the provisions of Sec. 3 of this article above), with the proviso that the choice between the claims granted by law belongs to the Customer. However, it is no longer possible to deviate from the choice once made without the consent of the Portfolio. All defects must be claimed during the warranty period; for delivered food and meals immediately upon receipt.
10. In the event of a complaint, the Portfolio will ensure the return of the claimed goods, assessment of the claimed defect and notification to the Customer about the result of the complaint procedure and the method of resolving the complaint within the deadline set by the law. In the event of a justified complaint, the Portfolio bears all costs associated with it; if the complaint is unjustified, the Customer is obliged to pay all these costs. In the case of a justified complaint, the Customer has the right to be reimbursed for any costs purposefully incurred in connection with the complaint. This right can be exercised by the Customer with the Provider within one month after the expiration of the warranty period, otherwise the court does not have to grant it.
11. When concluding an agreement, the Provider is obliged to comply with the agreed parameters, i.e. in particular to provide the Customer with the goods and services ordered by him, in the quantity, quality and time specified in the order and the takeaway menu of the Provider. For the delivery service, the time designated for the delivery of the ordered services and goods is indicative and may differ from the actual delivery date depending on the transport situation and capacity options of the Provider, but should not exceed 180 minutes after the time specified in the order.
Price and Method of Payment
1. All prices of services and goods supplied by the Provider pursuant to these GTC shall be stated in the order as final. The prices also include current VAT.
2. The method of payment is agreed as follows:
- The price will be paid by the Customer's payment card, with the payment being made through the payment gateway on the Website. Price shall be payable at the latest when sending the order.
3. In the event of a delay in the payment of the agreed price, the Provider is entitled to demand interest on arrears in the amount specified by law from the Customer.
1. These GTC take effect on 14 April 2020.
2. These GTC form an integral part of each partial agreement concluded between the Provider and the Customer in the situations specified in Article I of these GTC.
3. The processing of the Customer's personal data takes place in accordance with the rules described on the Website in the section: GDPR.
4. The rights and obligations of the parties are governed by these GTC, the agreement concluded between the Provider and the Customer and the legal order of the Czech Republic. Any disputes related to these GTC will be decided by the courts of the Czech Republic, according to the procedural rules valid and effective in the Czech Republic, regardless of the Customer's nationality.
In Prague, 13 April 2020