For consumers

1. Scope of application

Unless otherwise agreed in the individual case, Hügli Food s.r.o. sends and delivers goods exclusively in accordance with these General Terms and Conditions.
These Terms and Conditions apply to orders placed by the end customer, i.e. the consumer within the meaning of Section 419 of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as "CC").

2.    Postal address, other communication data (hereinafter referred to as "contact address")

The postal address and other contact details of Hügli Food s.r.o. are as follows:
Postal address:
Hügli Food s.r.o.
Nádražní 426
281 44 Zásmuky u Kolína
Fax:
From Czech Republic: 321 796 690
from abroad: (+420) 321 796 690
Tel: Monday - Friday:
08:00-16:00 
 ("opening hours"):
from the Czech Republic: 321 759 642, 321 759 645
from abroad: (+420) 321 759 642, 321 759 645
Via the Internet: www.huegli.cz
E-mail address: info@huegli.cz    

 

3.    Offer

The catalogues, brochures and websites of Hügli Food s.r.o. do not contain a legally binding offer to conclude a contract. The catalogues, brochures and information on the website do not represent guaranteed characteristics and the visual appearance of the products may vary due to the fact that they are foodstuffs. Weight or volume information is also not guaranteed and may differ from the description in the catalogue, brochure or website for individual products. A legally binding offer to conclude a purchase contract is only made when the customer places an order. Delivery times or delivery dates stated on the website, in the order confirmation or in other documents are always non-binding.

4.    Conclusion of the contract by acceptance of the offer

By clicking on the "Binding Order" button, the customer places a binding order for the goods placed in the shopping cart. Confirmation of acceptance of the order follows immediately after the order has been sent; this is the acceptance of the order through which the contract is concluded. Hügli Food s.r.o. is entitled to raise questions within five days of receipt of the order.

 

5.    Notice of withdrawal from the contract

Right of withdrawal: 
You have the right to withdraw from this contract within fourteen days without giving any reason.
You may not withdraw from the contract if the goods are: (a) perishable or short-lived. This includes goods such as confectionery and delicatessen products, dairy products, sausages and other meat products or flowers, i.e. goods which are normally marked with an expiry date (e.g. 'use by...', etc.) or specific storage conditions. (b) goods which have been irretrievably mixed with other goods after delivery and for this reason cannot effectively be returned and resold (e.g. various types of food, flowers, etc.). This will include in particular toiletries or underwear. (d) deliveries of newspapers, periodicals or magazines.
The withdrawal period is fourteen days from the date on which you or a third party appointed by you, other than the carrier, took delivery of the goods.
To exercise your right of withdrawal, you must contact us, i.e. the company, at: 

Hügli Food Ltd.
Nádražní 426
281 44 Zásmuky u Kolína
Fax: 321 796 690 or
(+420) 321 796 690 (from abroad)
E-mail: info@huegli.cz 

and inform you of your decision to withdraw from this contract by means of an unequivocal statement (e.g. letter sent by post, fax or e-mail). For this purpose, you can use the following sample withdrawal form, which is not mandatory. You can also use the following text and send it back.
"I/we (*) hereby withdraw from the contract concluded between me/us (*) concerning the following goods:
Goods received on: 
Name of customer(s):
Customer number:
Address of customer(s):
Signature of customer(s) (only in case of paper notification):
Date, Place:
(*) Delete where not applicable."

 

In order to comply with the withdrawal period, it is sufficient to send the notice of exercise of the right of withdrawal before the end of the withdrawal period.
Consequences of withdrawal:
If you withdraw from this contract, we will refund all payments we have received from you, including the cost of delivery (except for any additional costs incurred as a result of you choosing a method of delivery other than the cheapest standard delivery method offered by us), without delay and no later than 14 days from the date we receive notice of your withdrawal. We will use the same means of payment you used to make the original transaction for the refund, unless otherwise expressly agreed with you; however, in any event, you will not incur any additional costs in making this refund. We have the right to refuse to refund any payment received until we have received the goods back or until you have proved that you have already sent the goods back, whichever is the sooner. 
You must send the goods back or hand them over to our company (Hügli Food s.r.o., Nádražní 426, 281 44 Zásmuky u Kolín) without undue delay and in any case no later than fourteen days from the date on which you inform us of your withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. We shall bear the costs of returning the goods. You shall only be liable for any diminution in the value of the goods due to handling of the goods which is not necessary to check the condition, features and functionality of the goods. 
End of withdrawal notice

 

6.    Out-of-court resolution of consumer disputes 

If you have a complaint, you can contact the Czech Trade Inspection Authority, the state supervisory authority for consumer protection. The Czech Trade Inspection Authority supervises compliance with the obligations under Act No. 634/1992 Coll., on Consumer Protection, as amended.
The Czech Trade Inspection Authority is competent for the out-of-court settlement of consumer disputes arising from a purchase contract, or it is possible to resolve a dispute online via a dedicated platform at the following link:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=CS 
The out-of-court settlement of a consumer dispute is initiated exclusively at the consumer's request, and only if the dispute has not been resolved directly with Hügli Food s.r.o. The application may be filed within 1 year from the date on which the consumer first exercised the right that is the subject of the dispute with Hügli Food s.r.o..

 

7.    Where we deliver, minimum order value, payment terms, prices, shipping costs

Shipping to countries outside the Czech Republic is possible only after agreement. Please contact us by phone at (+420) 321 759 642 or 321 759 645. Any customs and import charges are in any case to be paid by the customer. Shipping costs, which are borne by the customer, are also subject to agreement. 
The minimum order value for delivery in the Czech Republic is 2 500 CZK (free shipping). 
The customer can choose to pay by bank transfer or in advance on invoice.
The prices quoted in catalogues, brochures and on the Hügli Food s.r.o. website include the statutory value added tax charged in the Czech Republic (the current tax rate is 21% or 12% in the case of a reduced rate).

8.    Reservation of title

The delivered goods remain the property of Hügli Food s.r.o. until the claims of Hügli Food s.r.o. arising from the respective business relationship with the customer are paid in full.

 

9.    Legal liability for defects

You are entitled to claim for defects that become apparent within 24 months of receipt of the goods, unless otherwise stated in these GTC. 
This does not apply to: (a) fresh raw materials intended for consumption within 24 hours, which you must claim for within 24 hours of receipt; (b) goods which have a legally specified period of time for which they may be used, i.e. a use-by date or minimum shelf life (which is typically stated on the packaging, in the accompanying instructions or in the advertisement); (c) a defect in the goods which we have discounted because of the same defect; (d) a defect in the goods caused by excessive loading or use in conditions which are not reasonable for such goods; (e) a defect in the goods caused by wear and tear, improper use or intervention, storage or improper maintenance in contravention of our instructions, or. manufacturer's instructions (instructions for the use of the goods) or other interference; and (f) a defect in the goods which is due to an external event beyond our control. 

If we do not specifically notify you before the conclusion of the purchase contract that a characteristic of the goods differs and you do not expressly agree to this, we shall further be liable to you for the fact that, in addition to the agreed characteristics of the goods: (a) it is fit for the purpose for which goods of that kind are normally used, including with respect to third party rights, legislation, technical standards or industry codes of practice, if there are no technical standards; (b) it is supplied with such accessories, including packaging, assembly instructions and other instructions for use, as you might reasonably expect; and (d) it conforms in quality or workmanship to the sample or sample we provided to you prior to entering into the contract of sale. If a defect in the goods becomes apparent within 1 year of receipt, the goods will be deemed to have been defective on receipt unless the nature of the goods excludes this; this period will not run for any period during which you cannot use the goods if you make a valid complaint about the defect. You cannot claim a right of defective performance if you caused the defect. A defect in the goods is not wear and tear caused by normal use. 
If you have a legitimate right under a defective performance, you are also entitled to compensation for the costs reasonably incurred in exercising that right. However, if you do not exercise your right to compensation within one month after the expiry of the period within which the defect must be pointed out, the court will not grant the right if you argue that the right to compensation was not exercised in time.

You can make a complaint online at the email address: info@huegli.cz, by phone at (+420) 321 759 642 or 321 759 645 or by letter to Hügli Food s.r.o., Nádražní 426, 28144 Zásmuky u Kolína. 
In the case of a Standard Complaint you have the right to demand that we rectify the defect that the goods have. Instead, you can also request delivery of new goods without defect or repair of the goods. This does not apply if the chosen method of removing the defect is impossible or unreasonably costly, which we will assess in particular with regard to the significance of the defect, the value that the goods would have without the defect and whether the defect can be removed without significant difficulties for the customer. 
Hügli Food s.r.o. will rectify the defect within a reasonable time after it has been pointed out so as not to cause you significant inconvenience, taking into account the nature of the goods and the purpose for which you bought the goods. 
We will take delivery of the goods to remedy the defect at our own expense. 
If you do not take possession of the goods within a reasonable time after we have notified you of the possibility of taking possession of the goods after repair, we shall be entitled to a storage charge at the market rate.
The customer may claim a reasonable discount or rescind the contract of sale if (a) Hügli Food Ltd. has refused to remedy the defect or has not remedied it in accordance with the above provisions; (b) the defect is repeated; (c) the defect is a material breach of the contract of sale; or (d) it is apparent from our statement or the circumstances that the defect will not be remedied within a reasonable time or without substantial inconvenience to the customer. 
The reasonable discount is determined as the difference between the value of the goods without defect and the defective goods you received.
You are obliged to point out the defect without undue delay after you have had the opportunity to inspect the goods and could have discovered the defect with reasonable care, either by marking the defect or by notifying us how it manifests itself.
After you have made a claim, you will hand over the defective goods to us - the delivery note, a copy of it or a copy of the invoice must be sent with the goods or you will store them or otherwise dispose of them appropriately in accordance with our instructions so that we can examine the defect. We must issue you with a written confirmation stating the date on which you made the claim, what the claim is about, the method of dealing with the claim you require and your contact details for the purpose of providing information about the handling of the claim. 
The claim, including the rectification of the defect, must be settled and you must be informed of the settlement of the claim within 30 days of the date of the claim, unless you agree a longer period with us. If we do not deal with the complaint within the specified period and do not inform you of the manner of its settlement, you are entitled to withdraw from the purchase contract or to demand a reasonable discount on the purchase price. 
We are obliged to issue you with a confirmation of the date and method of handling the complaint, including confirmation of the repair and the duration of the repair, or a written justification for rejecting the complaint.

10.    Mailing address, commercial register number and tax identification number

The delivery address of Hügli Food s.r.o. is given in Article 2. The legal representatives of Hügli Food s.r.o. are Jiří Němeček, Pavel Coufal. 
Hügli Food s.r.o. is registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 2591. 
The tax identification number is: CZ16193440.

11. Applicable law

The law of the Czech Republic shall apply exclusively, even if there is an international (foreign) element, excluding the application of the UN Convention on Contracts for the International Sale of Goods.
The courts of the Czech Republic shall have full jurisdiction over any disputes.

12.    Severability

If individual provisions or parts thereof are invalid, the validity of the other provisions is not affected.
13. Specifics of concluding contracts in electronic commerce
The General Terms and Conditions of Hügli Food s.r.o. can be viewed and printed during the ordering process by clicking on the link "General Terms and Conditions" (at the bottom of the screen under the heading "General Terms and Conditions").
Before sending a legally binding offer, the customer must confirm that he has read the General Terms and Conditions and that he agrees to their use by clicking on the appropriate box. Similarly, by clicking on the appropriate box, the customer must confirm that he has read the "Privacy Policy" of Hügli Food s.r.o. and that he agrees to its use.

The customer can view the contents of the shopping cart at any time during the order process by clicking on the shopping cart icon.
The customer's address and delivery details must be entered after checking the shopping cart during the order process (step 2 of the order process). Errors in the input can be corrected by the customer at any time. The order process can be cancelled at any time during the order process by closing the window.
The order is only sent to Hügli Food s.r.o. after the "Binding order" button has been pressed.
The delivered order data will be stored at Hügli Food s.r.o. After the order has been sent, the customer has the option to print their details via the link "Print order confirmation now".
The receipt of the electronic order will be confirmed electronically by Hügli Food s.r.o. immediately (within 24 hours at the latest). The customer is requested to save or print out this order confirmation, which re-states the customer's order including other information, in particular the terms and conditions, as such a comprehensive summary of the terms and conditions is generally not stored by Hügli Food s.r.o. in this form and the customer does not have access to it subsequently.
Only the Czech language is available for the conclusion of the contract.

 

14. Personal data protection

The Seller processes all personal data of the Buyer obtained in connection with the negotiation of the Contract and/or in connection with the performance of the Contract under the terms and in accordance with the relevant legislation, in particular the Regulation and related legislation of the Czech Republic. 
The Seller, as a personal data controller, fulfils information obligations towards the Buyer as a personal data subject in accordance with the provisions of Articles 13 and 14 of the Regulation, in particular by means of the summary written information "Personal Data Protection Policy".
The Buyer as a data subject has the right to contact the Seller as data controller with any questions regarding the processing and protection of personal data, as well as to exercise his/her rights as a data subject against the controller, either in writing in the form of a letter/notification to the address of the controller's registered office or electronically by e-mail or by telephone at the Contact Point for Personal Data established at the controller.
Commercial communications may be sent to the Buyer electronically within the meaning of and under the terms of Section 7(3) of Act No. 480/2004 Coll., on certain information society services, provided that the Buyer has the option to refuse consent to such use of his/her electronic contact (e-mail address) at any time, unless he/she originally refused such use.

The personal data will be stored by the controller for the period necessary for the performance of the contract (processing of the order, removal and delivery of the goods) and for the period of the statutory warranty (24 months from receipt of the goods) or for the period of the contractual warranty. The Buyer acknowledges that the Controller is obliged to keep accounting documents and accounting records (invoices) for a period of 5 years starting from the end of the accounting period to which they relate, pursuant to Article 31 of the Accounting Act (No. 593/1991 Coll.).  The administrator is also obliged under Section 47 of the Tax Administration Act (No 337/1992 Coll.) to keep the invoice for 3 years from the end of the tax period in which the tax liability related to the invoice arose. In case the seller is a VAT payer, the buyer also acknowledges that the administrator is obliged under Section 35 of the Value Added Tax Act (No. 235/2004 Coll.) to keep the tax documents for 10 years from the end of the tax period in which the transaction took place (i.e., in case of purchase of goods during 2023, the invoice must be kept until the end of 2033). 

The Buyer further acknowledges that under Articles 15 to 21 of the Regulation, the Buyer has the right to: (a) to access to personal data, which consists of the right to obtain confirmation from the controller as to whether or not personal data concerning him/her are being processed and, if so, to obtain access to such personal data and to the information defined in Article 15 of the Regulation; (b) to rectification of inaccurate personal data concerning him/her, and, taking into account the purposes of the processing, the Buyer has the right to have incomplete personal data completed, including by providing an additional declaration pursuant to Article 16 of the Regulation; c) the right to erasure ("right to be forgotten"), which consists in the controller deleting without undue delay the personal data concerning the purchaser as soon as they are no longer necessary for the purposes of the performance of the contract, unless there is another lawful reason for their further processing; d) the restriction of the processing of personal data in the cases defined in Article 18 of the Regulation; e) the portability of the data under the terms of Article 20 of the Regulation; f) to object to the processing of personal data under Article 21 of the Regulation. 
Upon request, the controller shall provide the purchaser with information on the measures taken in each case within one month of receipt of the request. 

In the event of doubts about the processing of personal data, the purchaser has the right to contact the Office for Personal Data Protection, which is the supervisory authority in this area, and file a complaint with it.
These terms and conditions come into force on 1.3.2024.

 

For entrepreneurs

1. Scope of application

These General Terms and Conditions of Sale and Delivery apply in addition to other contractual provisions to all deliveries, services and offers between us and the purchaser only if the purchaser is an entrepreneur within the meaning of section 420 of the Civil Code or a legal person governed by public law.
We do not accept other terms and conditions of the purchaser, even in the case of unconditional performance or acceptance of payment, unless we expressly agree to their validity in writing. 
All agreements concluded between us and the purchaser in the course of the contract negotiations must be in writing and confirmed by both parties for the sake of conclusiveness.

2.    Offer and prices

Our offers and prices are non-binding and subject to change.
Our prices do not include VAT at the applicable statutory rate.

3.    Supplies

If a delivery period or delivery date has been agreed, this period or delivery date shall commence upon confirmation of your order by us or, if no order confirmation has been sent, on the day following the dispatch of the order, but not before all details of the order have been fully clarified and the buyer has duly fulfilled all his obligations to co-operate. 
Delivery times and delivery dates are subject to error-free and timely deliveries by our suppliers as well as the absence of unforeseen production disruptions.
In the event of a delay in delivery, the purchaser must provide us with a reasonable additional period of time. Only after this additional period has elapsed may he withdraw from the contract if he has not received notification of the readiness of the goods for shipment by that time.

In cases of force majeure, which shall be understood to mean and include, in particular, governmental measures, strikes, lockouts, interruptions of operations, disruptions of traffic, interventions by public authorities on our part or on the part of our suppliers and other events which are outside our sphere of influence and which result in the impossibility/disruption or substantial impediment of delivery, our delivery period shall be extended by the duration of the impediment plus the preparation time required for proper delivery or performance on our part.  This shall also apply if we were already in default at the time these circumstances occurred. We shall inform the purchaser immediately of the beginning and end of these impediments.
If delivery is delayed by more than six weeks as a result of force majeure, we and the purchaser shall be entitled to withdraw from the contract to the extent of the performance affected by the delay.
In the case of free delivery to an address, the risk shall pass to the purchaser upon confirmation of the delivery documents. In the case of an agreed pickup at the factory in accordance with the EXW clause according to INCOTERMS 2020, the risk shall pass to the buyer upon notification of readiness for pickup.
In the event that the delivery driver, at the Buyer's request, moves the goods to be delivered to the Buyer's premises or removes them from the Buyer's premises beyond the delivery point or location agreed between us, this shall be done expressly at the Buyer's risk and the Buyer shall be liable for any damage caused thereby to the goods, persons, equipment, premises and any personal injury which the driver himself may suffer in the course of such action.

If the goods are delivered on Euro pallets or rented pallets under the so-called pallet pooling and related loading aids, the loading aids must be provided in the same working condition for the exchange on your side so that a piece-for-piece exchange can take place. Alternatively, we will provide you with loading aids on loan and the customer is obliged to return the relevant loading aids to us immediately. In the event of refusal to exchange or return or offer only defective or otherwise unsuitable loading aids, we shall also be entitled to charge a fee per day for the loading aids provided at the price of comparable used goods of average type and quality. Partial deliveries are permissible and may be invoiced separately.

 

4. Inspection of goods received and notification of defects 

In accordance with § 2104 CC, the buyer shall satisfy himself immediately after receipt of the goods by appropriate measures, in particular by an initial inspection of the goods on the basis of representative samples, that the delivered goods are in order in terms of quantity, completeness, quality, weight, minimum durability, marking, integrity and other agreed characteristics and that they are fit for their purpose, in particular that they comply with the provisions of food law.
Complaints about the date of minimum durability, the number and identity of the goods delivered, as well as other externally recognizable quality deviations and possible damages, must be notified to us in writing without delay, hidden defects immediately after they have been detected or after they could have been detected, quoting the delivery note number; likewise, the goods or samples must be sent or made available for inspection, as the case may be, and stored properly for this purpose in accordance with the requirements for the specific product.

In the event of an unjustified claim, we reserve the right to charge the buyer for the costs of the inspection. Notification of defects does not in any way relieve the buyer of his payment obligation, even in the case of a claim for a discount.
If the purchaser takes the complaint to an administrative authority for resolution, the purchaser must inform us immediately and ensure that, if a sample is taken, a second sample is taken from the same batch, which will be officially sealed and secured as a sample for our defence.

 

5.    Reservation of ownership

The goods remain our property until all our claims from the business relationship with the buyer have been paid in full. If our property is processed, combined or mixed with the property of a third party, we acquire ownership of the new item in accordance with §1074 et seq. of the Civil Code. If the processing, joining or mixing is carried out in such a way that the third party's property is to be considered the main property, we acquire ownership in the proportion of the value of the goods of Hügli Food Ltd. to the third party's property at the time of processing, joining or mixing.

The Buyer is obliged to carefully store the reserved goods, or goods that he does not yet own within the meaning of Article 5.1, and to insure them against loss and damage at his own expense. Any claims for reinsurance arising in the event of damage must be assigned to us.  The purchaser is revocably entitled to sell the reserved goods in the ordinary course of business. Pledges or collateral transfers of title to goods that have not become the property of the purchaser are not permitted. In order to secure our claims for payment of the purchase price, the purchaser hereby assigns to us, on a provisional basis and without the need to enter into a separate agreement in individual cases, all claims arising from resale or other legal grounds (including, but not limited to, claims from a collection order for resale claims, insurance, infringement) relating to the reserved goods. We grant to the Purchaser a revocable authorization to collect the receivables assigned to us for the account and on behalf of the Purchaser. In order to secure this assignment of claims, the buyer is obliged to invoice the resale of our goods separately from other goods. In the event of resale, the buyer itself shall further reserve title to the reserved goods against its customers until the purchase price has been paid in full. If third parties have access to the goods subject to retention of title, the purchaser shall notify us of our retention of title, store the goods separately as far as is reasonably practicable in the ordinary course of business and notify us immediately.

If it becomes apparent that our entitlement to the purchase price is jeopardised by the insolvency of the purchaser, we shall be entitled to revoke the resale and/or recovery authorisation and to notify and prove the assignment of the purchaser's claims against third parties arising from the resale or otherwise and to demand that payment be made directly to us.
If the realizable value of the collateral exceeds our claims by more than 20%, we will release the collateral to that extent at our discretion at the request of the buyer.

6.    Rights arising from defects and claims for damages

Rights to defects and claims for damages are vested solely in the purchaser and cannot be assigned.
Claims for defects which are justified and have been made in time shall be settled at our discretion either by repair or by delivery of new goods, unless we are legally entitled to reject the claim. In the event of a refusal, failure or inadequacy in the handling of a claim, the purchaser shall be entitled to withdraw from the contract or to claim a reduction in the purchase price.

Our liability for infringement of proprietary rights applies only to proprietary rights that are registered and published in the Czech Republic. Therefore, in the case of export of our goods by the buyer or its customers to territories outside the Czech Republic, we shall not be liable if our products infringe the property rights of third parties. The buyer is obliged to compensate us for damage caused by the export of goods that have not been expressly supplied and approved for export by us.
Hügli Food s.r.o. provides advice solely in relation to the characteristics of its own products, but not in relation to their use by the customer or its other customers; any information provided in relation to use by the customer is non-binding (the provision of information is contractually dependent).

7.    Liability

The risk of damage to the goods passes to the purchaser at the time of acceptance of the goods in accordance with Article III of these GTC.
The goods shall remain the property of the seller until the purchase price for the delivery of the goods has been paid in full, including the related costs (VAT, freight, packaging, if these costs are to be borne by the buyer, etc.).

The Seller shall be liable for damages resulting from breach of contractual or legal obligations of the Seller, its employees and subcontractors, including damages resulting from defects in the goods, within the meaning of § 2894 et seq. Civil Code, whereby the Seller and the Buyer expressly agree that the compensation for damages and other harm by the Seller (even regardless of whether claims for defects have been made) shall be limited, in cases where no other limitation is provided for in the Contract or the GTC, to a maximum amount corresponding to the price for the goods under the Contract for all damages arising from the breach of any obligation under the Contract, unless the damage is caused to a person's natural rights or caused by the Seller's intentional or gross negligence. The Seller and the Buyer expressly exclude liability for any indirect and consequential damages and for loss of profit.
Rights arising from defective performance, claims for compensation for damage to the Buyer arising from defective performance and claims for compensation for damage arising from failure to meet the delivery deadline shall be time-barred within a maximum limitation period of 1 year from the date on which the Buyer is allowed to dispose of the goods.
The Seller shall be liable, even in the case of damages arising from breach of contractual obligations, irrespective of the legal basis, only for intent, culpable breach of essential contractual obligations; gross negligence of its statutory representatives or senior employees; defects which the Seller has fraudulently concealed or the absence of which it has expressly declared. This limitation shall apply unless it is contrary to mandatory generally applicable law.

The Buyer shall inform us immediately in writing of any claims made by third parties and reserve all defences and settlement negotiations for us.

 

8.    Limitation period

The statute of limitations for claims arising from defects in our products and services and damages resulting therefrom is 1 year. The start of the limitation period is governed by the statutory provisions.
The above limitation period of one year does not apply in the case of intent, if we have fraudulently concealed the defect, in the case of claims for damages for injury to health or personal freedom and in the case of gross negligent breach of duty.
The measure of subsequent performance does not stop the running of the limitation period applicable to the original performance, nor does it result in the limitation period running again in its entirety.

 

9.    Payment

Unless otherwise agreed, invoices are payable within 20 days from the date of invoice. If we have more than one outstanding claim against the buyer and if the buyer fails to make payments on a specific claim, we shall be entitled to determine which of the outstanding claims is paid first.
In the event of default in payment, we shall be entitled to claim interest on late payment at the rate of 8 percentage points per annum above the applicable base rate. We reserve the right to prove the occurrence of higher damages.
We shall not be obliged to make any further deliveries under existing contracts before full payment of the invoiced amounts due, including accrued interest and costs. In such case, we shall be entitled to demand payment for outstanding deliveries in cash prior to delivery or payment in advance to a bank account. If we become aware of circumstances that call into question the creditworthiness of the purchaser, in particular if insolvency proceedings are filed, cheques are dishonoured or payments are stopped, we shall be entitled to demand payment of the entire outstanding debt, even if we have accepted the cheques. In such a case, we are also entitled to demand a deposit or the provision of security. In addition to claiming retention of title, we may also rescind the contract or claim damages in lieu of performance.

 

10.    Privacy Policy

The Seller processes all personal data of the Buyer obtained in connection with the negotiation of the Contract and/or in connection with the performance of the Contract under the terms and in accordance with the relevant legislation, in particular the Regulation and related legislation of the Czech Republic. 
The Seller, as a personal data controller, fulfils information obligations towards the Buyer as a personal data subject in accordance with the provisions of Articles 13 and 14 of the Regulation, in particular by means of the summary written information "Personal Data Protection Policy".
The Buyer as a data subject has the right to contact the Seller as data controller with any questions regarding the processing and protection of personal data, as well as to exercise his/her rights as a data subject against the controller, either in writing in the form of a letter/notification to the address of the controller's registered office or electronically by e-mail or by telephone at the Contact Point for Personal Data established at the controller.

Commercial communications may be sent to the Buyer electronically within the meaning and under the terms of Section 7(3) of Act No. 480/2004 Coll., on Certain Information Society Services, with the Buyer having the option to refuse consent to such use of his/her electronic contact (e-mail address) at any time, unless he/she originally refused such use.
The personal data will be stored by the controller for the period necessary for the performance of the contract (processing of the order, removal and delivery of the goods) and for the period of the legal guarantee (24 months from receipt of the goods) or for the period of the contractual guarantee provided. The Buyer acknowledges that the Controller is obliged to keep accounting documents and accounting records (invoices) for a period of 5 years starting from the end of the accounting period to which they relate, pursuant to Article 31 of the Accounting Act (No. 593/1991 Coll.).  The administrator is also obliged under Section 47 of the Tax Administration Act (No 337/1992 Coll.) to keep the invoice for 3 years from the end of the tax period in which the tax liability related to the invoice arose. In case the seller is a VAT payer, the buyer also acknowledges that the administrator is obliged under Section 35 of the Value Added Tax Act (No. 235/2004 Coll.) to keep the tax documents for 10 years from the end of the tax period in which the transaction took place (i.e., in case of purchase of goods during 2023, the invoice must be kept until the end of 2033). 

The Buyer further acknowledges that under Articles 15 to 21 of the Regulation, the Buyer has the right to: (a) to access to personal data, which consists of the right to obtain confirmation from the controller as to whether or not personal data concerning him/her are being processed and, if so, to obtain access to such personal data and to the information defined in Article 15 of the Regulation; (b) to rectification of inaccurate personal data concerning him/her, and, taking into account the purposes of the processing, the Buyer has the right to have incomplete personal data completed, including by providing an additional declaration pursuant to Article 16 of the Regulation; c) the right to erasure ("right to be forgotten"), which consists in the controller deleting without undue delay the personal data concerning the purchaser as soon as they are no longer necessary for the purposes of the performance of the contract, unless there is another lawful reason for their further processing; d) the restriction of the processing of personal data in the cases defined in Article 18 of the Regulation; e) the portability of the data under the terms of Article 20 of the Regulation; f) to object to the processing of personal data under Article 21 of the Regulation. 
Upon request, the controller shall provide the purchaser with information on the measures taken in each case within one month of receipt of the request. 
In the event of doubts about the processing of personal data, the purchaser has the right to contact the Data Protection Authority, which is the supervisory authority in this area, and to lodge a complaint with it

 

11.    Place of performance, jurisdiction, partial nullity

The place of performance for deliveries and payments from the business relationship in our favour is our registered office in Zásmuky near Cologne. The parties expressly agree that all disputes arising out of and in connection with the contract shall be heard and determined by a court of competent jurisdiction in the Czech Republic with local jurisdiction according to the place of the registered office of Hügli Food s.r.o. according to the current extract from the Commercial Register on the date of commencement of the proceedings. These terms and conditions and all legal relations are governed by the law of the Czech Republic. The law of the Czech Republic shall apply exclusively to business relations with the customer. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
Should one or more provisions of these Terms and Conditions of Sale or provisions under other agreements be or become ineffective, the effectiveness of all other provisions of these Terms and Conditions of Sale or other agreements between Hügli Food s.r.o. and the Purchaser shall not be affected.

These terms and conditions come into force on 1.3.2024.