Business terms

Business conditions of the restaurant Fastgood Rustonka - operator GIQ Rustonka, s.r.o., ID number: 07127111, registered office at Muchova 237/15, Dejvice, 160 00 Prague 6, the company is registered at the Municipal Court in Prague, section C, file 295092 (hereinafter referred to as "Fastgood Rustonka" or "Seller") to access and use the website www. fastgoodrustonka.cz (hereinafter also referred to as "eshop")

I. Introductory Provisions

The Fastgood Rustonka restaurant operates a system for the delivery of meals to end customers on its website www.FastgoodRustonka.cz.

These terms and conditions govern the rights and obligations of persons using the website www.fastgoodrustonka.cz upon entry and further use.

By entering the website www.fastgoodrustonka.cz, the user confirms that he has familiarized himself with the current wording of the terms and conditions and undertakes to follow them.

Restaurant Fastgood Rustonka can unilaterally change or supplement the wording of the conditions. Restaurant Fastgood Rustonka informs the user about changes to the Terms and Conditions on the website www.fastgoodrustonka.cz, or in another suitable way, so that the user can familiarize himself with the current wording of the terms and conditions without undue difficulty. The terms and conditions become effective the moment they are published on the website www.fastgoodrustonka.cz.

II. User account

Based on the buyer's registration on the website, the buyer can access its user interface. The buyer can order goods from his user interface (hereinafter referred to as "user account"). If the web interface of the e-shop allows it, the buyer can also order goods without registration directly from the web interface of the e-shop.

When registering on the website and when ordering goods, the buyer is obliged to enter all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in case of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.

Access to the buyer's user account is secured with his username and password.

The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.

The buyer is not authorized to allow the use of the user account by third parties.

The seller can cancel the user account, especially if the buyer does not use his user account for more than 1 year, or if the buyer violates his obligations under the purchase contract (including the terms and conditions).

The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.

III. Conclusion of the purchase contract

All presentation of goods placed in the web interface of the e-shop is of an informative nature and the seller is not obliged to enter into a purchase contract regarding these goods. The provisions of Section 1732, paragraph 2 of the Civil Code shall not apply.

The web interface of the e-shop contains information about the goods, including the prices of individual goods. The prices of goods are listed including value added tax and all related fees. The prices of the goods remain valid for as long as they are displayed in the web interface of the e-shop. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions.

The web interface of the e-shop also contains information about the costs associated with packaging and delivery of goods. The information on the costs associated with the packaging and delivery of goods listed in the web interface of the e-shop applies only to the delivery of goods within the territory of the capital city of Prague. To order goods, the buyer fills out the order form in the web interface of the e-shop. The order form mainly contains information about:

• the ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping basket of the web interface of the e-shop)
• method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods
• information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").

Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer entered in the order, also taking into account the possibility of the buyer to detect and correct errors that occurred when entering data into the order.

The buyer sends the order to the seller by clicking the "Confirm order" button. After sending the order, the buyer can no longer change the data he entered in the order or correct errors in the order. The data listed in the order they are deemed correct by the seller. Immediately after receiving the order, the seller will confirm this receipt to the buyer by e-mail, to the buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the "buyer's e-mail address") or by telephone.

The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by phone).

The contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the e-mail address of the buyer.

The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are covered by the buyer himself, and these costs do not differ from the basic rate.

IV. Product price and payment terms

The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid by the buyer to the seller in the following ways:

• in cash on delivery at the place specified by the buyer in the order;
• cashless via the payment gateway in the e-shop www.fastgoodrustonka.cz

Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.

The seller does not require a deposit or other similar payment from the buyer. This does not affect the provision of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.

In the case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods.

In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.

The seller is entitled, especially if the buyer does not confirm the order additionally, to demand payment of the entire purchase price before sending the goods to the buyer. The provisions of Section 2119, paragraph 1, first sentence of the Civil Code shall not apply.

If it is customary in business dealings or if it is stipulated by generally binding legal regulations, the seller will issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is the payer of value added tax. Tax document – the seller issues the invoice to the buyer after payment of the price of the goods and sends it in electronic form to the buyer's e-mail address.

V. Transport and delivery of goods

In the event that the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.

If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.

If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.

When taking over the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the transporter immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.

Additional rights and obligations of the parties during the transportation of goods may be regulated by the seller's special delivery conditions, if issued by the seller.

VI. 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 (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).

In the event that the buyer is not satisfied with the quality of the given order, he is obliged to contact the seller without undue delay on the telephone number +420 725 220 000 (hereinafter referred to as the "Contact telephone"), which is available during the restaurant's opening hours. The product complaint applies only to goods purchased on that day. The customer is obliged to check its correctness when accepting the order. To process a claim for delivered goods, the receipt number and user identification data must be reported. Without communication of this data, it is not possible to start the complaint procedure.

In the event that the claim is justified, the buyer has the right to:

• for a reasonable discount on the purchase price or removal of the defect by delivery of new goods, if this is not unreasonable due to the nature of the defect, in the event that he was delivered goods that do not exactly correspond to the description given on the seller's website, especially if they are not delivered in the agreed quantity , quality or if it does not contain all its components.
• to remove the defect by delivering new goods, a reasonable discount from the purchase price or the right to withdraw from the contract, if the seller supplies the buyer with goods that are completely different from the one that the buyer ordered, or goods that cannot be used at all due to their defects. The buyer is entitled to choose the method of removing the defect according to this paragraph and cannot change his choice without the consent of the seller.

VII. Other rights and obligations of the contracting parties

The buyer acquires ownership of the goods by paying the full purchase price of the goods.

In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 paragraph 1 letter e) of the Civil Code.

Out-of-court handling of consumer complaints is ensured by the seller via the Contact telephone, possibly via the electronic address rustonka@fastgood.cz. The seller will send information about handling the buyer's complaint to the buyer's email address.

The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection, to a defined extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.

The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765, paragraph 2 of the Civil Code.

VIII. PROTECTION OF PERSONAL DATA

The protection of personal data of the buyer, who is a natural person, is provided by Act No. 110/2019 Coll., on the processing of personal data, as amended.

The buyer agrees to the processing of his personal data specified in the order form by the seller for the purpose of operating an online food shop and related services (especially the provision and delivery of food), and at the same time for the purpose of sending commercial messages to the buyer via electronic or other means.

The seller processes the buyer's personal data only to the extent necessary for the purposes of the online food shop, while removing the personal data from the relevant systems as soon as they are no longer needed for further processing.

The buyer acknowledges that he is obliged to familiarize himself with all the parts of the order form to be filled in, he is also obliged to enter his personal data correctly and truthfully (when registering, in his user account, when ordering from the web interface of the e-shop), and that he is obliged without inform the seller without undue delay about a change in their personal data.

The buyer declares that he provides all his personal data filled in the order form voluntarily.

IX Delivery

The buyer can be delivered to the e-mail address specified in his user account or specified by the buyer in the order.

X. Final Provisions

If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.

If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Changes and additions to the purchase contract or terms and conditions require written form.

Purchase contracts, including the terms and conditions, are archived by the seller in electronic form starting with their conclusion. Only the seller has access to the archived contracts.

Contact details of the seller: delivery address Fast Good Rustonka, Sokolovská 115 180 00 Prague 8 – Karlín, e-mail address rustonka@fastgood.cz, telephone +420 725 220 000.

In the event that a consumer dispute arising from the purchase contract arises between the buyer (consumer) and the seller, which cannot be resolved by mutual agreement, the consumer can submit a proposal for an out-of-court settlement of such a dispute to the designated entity for the out-of-court settlement of consumer disputes, which is:

The Czech trade inspection:

Central inspectorate - ADR department
Štěpánská 15
120 00 Prague 2
website: www.coi.cz

These terms and conditions take effect on 17 June 2020.

In Prague on June 16, 2020.