The following terms are understood in these terms and conditions:
The "seller" is the trading company FRUTIKO international s.r.o., with its registered office at V Oblouk 114, Čestlice 25101, ID number: 242 61 831, registered in the commercial register of the Municipal Court in Prague, section C, entry 198388, VAT registration number: CZ24261831, VAT payer
"Buyer" means a natural or legal person who makes a binding draft of the Purchase Agreement to the Seller through an Electronic Order
"Parties" Buyer and/or Seller
"Frutiko.cz" the Seller's electronic store at the web address www.frutiko.cz
"Product" means all products listed on Frutiko.cz. especially fruit bouquets and fruit and chocolate snacks, cakes and other bakery and confectionery products, cut flowers and additional gift assortment.
"Purchase Agreement" means a purchase agreement between the Seller and the Buyer, the subject of which is the purchase and sale of Products and which was concluded remotely via an Electronic Order at Frutiko.cz
"Electronic order" means the electronic form submitted on Frutiko.cz containing information about the Buyer, the ordered Product and the total price, processed by the Frutiko.cz system.
"Acceptance" means a binding confirmation of the Electronic Order sent by the Seller to the Buyer at the e-mail address specified by the Buyer in the Electronic Order.
"Purchase price" means the purchase price for the Product, the sale and purchase of which is the subject of the Purchase Agreement
1.2 These terms and conditions govern the rights and obligations of the contracting parties arising from the Purchase Agreement. The Buyer and the Seller hereby declare that these terms and conditions are an integral part of the Purchase Agreement.
1.3. The contracting parties hereby undertake that all relations between the Buyer and the Seller, which are not governed by these terms and conditions, are governed by Czech law, in particular the relevant provisions of Act No. 513/1991 Coll., Commercial Code, as amended.
1.4. The Seller's contact details for the Buyer are listed on Frutiko.cz.
2.1. The condition for the validity of an electronic order is the true and complete filling in of all essential details of the order defined further in these terms and conditions.
2.2. The Seller is not responsible for delivery delays and/or damage caused as a result of the fact that the Buyer did not provide all the required data in the Electronic Order and/or provided the required data incorrectly. The Seller is also not responsible for damage that was caused or incurred by the Buyer in connection with the fact that the Buyer forgot his access password to the Buyer's account at Frutiko.cz and/or the Buyer's access password to the account at Frutiko.cz fell into the hands of unauthorized persons without any fault The seller.
2.3. The accepted Electronic order is considered a draft Purchase Agreement and is binding. The purchase contract between the Seller and the Buyer is created at the moment of Acceptance.
2.4. The buyer is obliged to check the content of the Electronic Order specified in the Acceptance. In case of detection of irregularities regarding the content of the Electronic Order specified in the Acceptance, the Buyer is obliged to inform the Seller about this by means of an e-mail message or a telephone contact immediately after delivery of the Acceptance, but no later than within 60 minutes. Otherwise, it is considered that the content of the Electronic Order does not differ from its content stated in the Acceptance.
2.5. The essential elements of an Electronic Order are considered to be:
Identification of the Buyer, i.e. in the case of a legal entity, business firm, registered office, ID number, telephone and e-mail, or VAT number, and in the case of a natural person, first and last name, place of residence, telephone and e-mail;
Specifications of the ordered Product according to the Product catalog and its quantity;
Address of the place of delivery (if this information is not provided, it is considered that the Product is to be delivered to the Buyer's registered office/residence address);
Preferred delivery time (day, hour);
Name and surname and contact details (telephone number) of the person authorized to take over the delivered Product (if this information is not provided, it is considered that the Buyer, or any of his employees or family members, is authorized to take over the delivered Product);
2.6. If the Electronic Order does not contain the requirements according to the previous article, it is considered incomplete. In such a case, the Seller will try to contact the Buyer and ask him to eliminate the shortcomings of the Electronic Order. The Electronic Order is considered complete at the moment of delivery of data specifying and/or supplementing the Electronic Order to the Seller.
2.7. For products containing alcohol, the buyer declares that he is over 18 years of age.
3. Order cancellation
3.1. The Buyer is entitled to withdraw the Electronic Order without giving a reason at any time before Acceptance. If the Electronic Order has already been bindingly confirmed by the Seller's Acceptance, the Buyer has the right to withdraw from the Purchase Agreement no later than 24 hours before the preferred time of delivery of the Product.
3.2. The Seller is entitled to withdraw from the Purchase Agreement in the event that the Buyer incorrectly entered a telephone number or other data in the Electronic Order, the specified telephone number is unavailable or the Buyer is otherwise uncontactable.
3.3. The Seller is entitled to withdraw from the Purchase Agreement also in the event that the ordered Product could not be delivered due to unforeseeable technical obstacles during production or delivery on the part of the Seller, and also for reasons of so-called force majeure, i.e. due to circumstances beyond the Seller's control and/or he could not foresee them.
3.4. In the case of an Electronic Order with advance payment by card or via internet banking, the Seller is obliged to return the paid funds within five (5) working days from the date of receipt of the withdrawal of the Electronic Order by the Buyer or from the effective notification of the Seller's withdrawal from the Purchase Agreement, to the account The buyer through whom the payment for the product was made.
4. Pricing conditions
4.1. The Buyer is obliged to pay the Purchase Price to the Seller in the manner chosen in the Electronic Order.
4.2. Maturity of the purchase price is negotiated by the Contracting Parties on the day of delivery of the ordered Product to the Buyer. Orders with payment by bank transfer must be paid in advance so that the payment is credited to Frutiko's bank account before Frutiko manufactures and delivers them, i.e. by 6:00 a.m. on the day of delivery for Prague and Central Bohemia and by 4:00 p.m. the day before for the rest of the Czech Republic.
4.3. In the event of the Buyer's delay in paying the Purchase Price, the Buyer undertakes to pay the Seller interest for the delay in the amount of 20% p.a. from the amount of the unpaid part of the Purchase Price from the day following the due date until payment.
4.4. In the event that an obviously incorrect price appears on Frutiko.cz for a Product, e.g. if, due to a system error, the Product has a price of "CZK 0", the Seller is under no obligation to deliver the Product at the incorrect price, but may offer the Buyer to deliver the Product for regular price (at the usual price for Frutiko.cz). If the Buyer does not agree with the proper price of the Product in this case, the Seller may withdraw from the Purchase Agreement.
5. Delivery conditions
5.1. The Seller undertakes to deliver the ordered Product to the Buyer at the address entered by the Buyer in the Electronic Order and the Buyer undertakes to take over the ordered Product. Upon agreement between the Seller and the Buyer, personal collection of the ordered Product at the address of the Seller's premises is also possible. In order to hand over the ordered product, the Buyer undertakes to provide the Seller with all necessary cooperation, in particular he undertakes to be present at the preferred delivery time, including one hour before and after the preferred delivery time, at the address of the place of delivery.
5.2. Delivery of the ordered Product is possible every calendar day on weekdays and in Prague and the Central Bohemia region also on weekends and holidays. The product will be delivered on the day and time selected by the customer. The person authorized to take over the order must be present at the place of delivery of the product at this time.
5.3. Delivery of the Product is possible no earlier than 2 hours after receiving the Electronic Order. In the case of personal delivery, it is possible to pick up within an hour of ordering.
5.4. The Seller undertakes to use its best efforts to deliver the ordered Product to the Buyer at the preferred delivery time specified by the Buyer in the Electronic Order. However, the Buyer acknowledges that the Product may be delivered by the Seller with a slight delay due to the traffic situation.
5.5. The Buyer undertakes to take delivery of the ordered Product on the preferred day and time of delivery. In the event that the ordered Product is not delivered to the Buyer due to a reason on the part of the Buyer, in particular if the Buyer refuses to take over the ordered Product or does not provide all necessary cooperation for handing over the ordered Product, in particular does not stay at the delivery address at the time of delivery, the Seller has the right to 50 % of the order price to cover the costs of manufacturing and delivering the order, as the perishable edible product cannot be resold at a later date.
5.6. In the event that the ordered Product is not delivered to the Buyer for a reason on the part of the Buyer, in particular if the Buyer refuses to take over the ordered Product or does not provide all the necessary cooperation for handing over the ordered Product, in particular does not stay at the delivery time at the address of the place of delivery, the Buyer undertakes to pay the Seller contractual penalty in the amount of 50% of the purchase price. The contractual penalty is due on the day following the day on which the Seller became entitled to its payment.
5.7. In the event that the Seller delivers the ordered Product to the Buyer on the preferred day and time of delivery, the Seller shall not be late with the delivery of the Product.
5.8. The Seller will also not be delayed in the delivery of the Product if the Seller delivers the ordered Product to the Buyer at a time later than the preferred delivery day for reasons on the part of the Buyer, in particular due to an erroneously specified telephone number or other data in the Electronic Order, the specified telephone number is unavailable or the Buyer is otherwise uncontactable.
5.9. The Seller will also not be delayed in the delivery of the Product if it is delivered at a later time due to the fact that the ordered Product could not be delivered due to unforeseeable technical obstacles during production or delivery on the part of the Seller, and also for reasons of so-called force majeure, i.e. for reasons circumstances that the Seller cannot influence and/or could not foresee. In such a case, the Seller undertakes to contact the Buyer and make efforts to change the preferred time or date of delivery of the ordered Product.
5.10. The delivery of the ordered Product during holidays and vacations may be time-limited, and the Seller is obliged to notify the Buyer of these restrictions on Frutiko.cz. By publishing these restrictions on Frutiko.cz, it is considered that the Buyer has been informed of these restrictions and agrees with them.
6.1. All prices listed on Frutiko.cz include VAT. The seller reserves the right to change (reduce/increase) the prices of the products with effect from the date of publication of the new prices on the Frutiko.cz website. Such a price change does not apply to products already ordered by the Buyer.
6.2. Fruit bouquets and fruit boxes contain fresh fruit and chocolate. Some products also contain nuts, coconut or cinnamon. All products may come into contact with nuts and may therefore contain allergens.
6.3. Fruit bouquets and cake bouquets contain wooden skewers with sharp points. Therefore, handle skewers with care and keep them out of the reach of small children.
6.4. The products are made from fresh fruit and are intended for immediate consumption. Consume them immediately or within 12 hours of delivery at the latest, store in the cold (0 - 5°C) in the original packaging.
6.5. Decorative items in the photos are not part of the product.
6.6. Ceramic containers for fruit bouquets and boxes for fruit bonbon boxes may differ from those in the photos on Frutiko.cz, for example in color or shape.
7. Protection of personal data
7.1. The Seller stores the personal data of the Buyer provided to him by the Buyer exclusively for the purpose of fulfilling his obligations arising from and in connection with the Purchase Agreement, as well as for the necessary communication between the Contracting Parties for a period of ten years, unless otherwise stipulated in these terms and conditions.
7.2. The Seller undertakes not to provide the Buyer's personal data to third parties, with the exception of the Seller's employees, suppliers and intermediaries. The Seller undertakes to provide these third parties with only those data that are necessary for the fulfillment of the Seller's obligations under the Purchase Agreement. When handling the Buyer's personal data, the Seller proceeds in accordance with the provisions of Act No. 101/2000 Coll., on the Protection of Personal Data, as amended. By placing an Electronic Order, the Buyer confirms that he has provided his personal data to the Seller voluntarily and agrees to their processing in the Seller's records, if such processing does not conflict with the legal regulations of the Czech Republic, and also to the disclosure and provision of data to third parties and state institutions under the conditions and in to the extent established by legal regulations.
7.3. The Buyer agrees to the processing, disclosure and use of his personal data for the purpose of direct marketing of the Seller for a period of ten years. Based on a free written request sent to the Seller, the Buyer has the right to demand that the Seller does not process, make available or use the Buyer's personal data for the purpose of direct marketing.
7.4. The Buyer agrees to the Seller entrusting the processing of the Buyer's personal data to an intermediary.
7.5. The buyer declares that all the information provided by him is true. The buyer declares that he is aware of the consequences of providing false information, especially the fact that such an action could be classified as a criminal offense.
7.6. In the case of payment of the Purchase Price by credit card, the Buyer authorizes the Seller to verify the provided information about the credit card in the relevant call center of the bank or with the entity that issued the credit card.
8. Circumstances excluding liability
8.1. In accordance with § provision 374 of Act No. 513/1991 Coll., Commercial Code, circumstances excluding liability are considered to be an obstacle that occurred independently of the will of the obligated party and prevents it from fulfilling its obligation, if it cannot reasonably be assumed that the obligated party would averted or overcame this obstacle or its consequences, and furthermore, that it would have foreseen this obstacle at the time the obligation arose.
8.2. Circumstances excluding the responsibility of the Seller are also considered the occurrence of unexpected technical or logistical failures on the part of the Seller.
9. Use of Discount Coupons
9.2. In the event of withdrawal from the contract for any reason or any other reasonable return of the Product purchased by the Buyer to the Seller on the basis of an applied discount coupon, the Buyer is only entitled to a refund of the amount paid for the purchase of the Product in excess of the value of the discount coupon in cash. In this case, the Seller can issue a discount coupon to the Buyer for use in the next order.
9.3. Použití kupónů zakoupených Kupujícím na stránkách prodejců slevových kupónů podléhá následovným speciálním podmínkám. Každý kupón obsahuje zejména označení nabídky, cenu, hodnotu kupónu, dobu platnosti kupónu, konkrétní podmínky použití kupónu, a hlavně jedinečné číslo a heslo na uplatnění kupónu. Kupón oprávňuje Kupujícího k nákupu Produktu Prodávajícího podle podmínek na něm uvedených a těchto obchodních podmínek. Kupující je oprávněný kupón použít jen po dobu platnosti kupónu, která je uvedená přímo na kupónu. Po uplynutí doby platnosti kupónu, která je uvedená na kupónu, se kupón stává neplatným a Kupující ztrácí nárok na využití kupónu bez nároku na vrácení peněz. Prodávající po uplynutí doby platnosti kupónu neposkytuje peníze, ani žádný jiný způsob kompenzace za nevyužití hodnoty kupónu a ani kupní cenu kupónu. Kupón není možné vyměnit za peníze. Prodávající nenese odpovědnost za ztrátu, odcizení nebo poškození, zneužití, či zničení kupónu. Každý kupón je možné použit jen jednou. Kupón uplatněný nebo použitý v rozporu s těmito obchodními podmínkami, podmínkami uvedenými na kupónu nebo v rozporu se zákonem se stává neplatný.
10. 1. If the buyer is dissatisfied with the purchased goods or the damaged service (transportation), he informs the buyer immediately by email at firstname.lastname@example.org or by phone at 728 855 611, but no later than 60 minutes after receiving the goods. Later complaints will not be taken into account due to the perishable nature of the goods and the fact that the quality of the goods may be significantly reduced after this time by inappropriate behavior of the Buyer (careless handling or poor storage). In the event of a complaint, the Buyer will be asked to provide a description of the situation and send photos showing damage to the delivered goods. The buyer acknowledges this fact and agrees to promptly provide the photos and information needed to process the claim.
10. 2. The Seller will offer the Buyer adequate compensation in the form of a new product, redelivery, a discount on the next purchase, or a proportional or full refund depending on the extent of damage to the delivered product, based on the damaged documents for the claim.
11. Final Provisions
The seller reserves the right to change/supplement the Terms and Conditions at any time. Such changes are valid from the date of publication of the new/amended terms and conditions on the Frutiko.cz website.
moment of surprise and excitement receiving the gift
healthy yet versatile gift for everyone
ingredients, fruit and chocolate, handmade
bouquets made just before delivery, shipped chilled
customer satisfaction guarantee