BUSINESS TERMS
Introductory provisions
Ordering goods / purchase contract / actions for concluding the contract
Purchase price and payment terms
Delivery of goods, delivery conditions and costs of delivery of goods
Warranty, complaint conditions and complaint procedure
Return of goods - withdrawal from the contract
Privacy
Final provisions
INTRODUCTORY PROVISIONS
1.1 Commercial company Zanya, with registered office at Lạc Dương, Dalat, Lâm Đồng, Vietnam (hereinafter referred to as the "seller" or Zanya"). operates an online store on the website https://zanyacoffee.com under the conditions determined by these general terms and conditions (hereinafter referred to as "T&C").
1.2 Seller's e-mail address: info@zanyacoffee.com. The seller's phone numbers: +0827980061 and +0837031614. Business hours for the online store are daily from 09:00 to 20:00. These data can be changed or updated at https://zanyacoffee.com at any time.
1.3 These GTC regulate the legal relations between the company Zanya, as a seller and a buyer who, in accordance with the procedure according to the General Terms and Conditions, expresses an interest in purchasing goods on the website https://zanyacoffee.com. These legal relations between the seller and the buyer arising from the purchase, delivery of goods and complaints of defects in goods are governed by the provisions of the relevant legislation of the Vietnam, depending on their content and the participants in the purchase. These General Terms and Conditions also regulate the obligations of the parties from the moment of concluding the purchase contract based on the registration of the buyer. The mutual relations between the seller and the buyer are also governed by the complaint procedure for the online store https://zanyacoffee.com (hereinafter referred to as the "Complaint Procedure") listed in point 5 of the General Terms and Conditions.
1.4 Purchase contract means a contract between the seller and the buyer, the subject of which is the purchase of goods presented on https://zanyacoffee.com, concluded according to Article 2 et seq. GTC.
1.5 Provisions of Art. 5. and 6. GTC do not apply to a buyer who purchases goods for business purposes and not for personal consumption. Liability for product defects in this case is governed by the provisions of the Commercial Code of the Vietnam.
1.6 The data of the presented goods on the shopping portal (especially availability, price, size, stock) are not updated by the online seller at any time. These data regarding the goods may not always be correct and complete on the shopping portal compared to the actual condition. It is not possible to show the goods to the buyer in advance, it is not always possible to receive and accept orders and deliver them, even through a third party. The goods sold through the shopping portal are always limited by the seller's current stock, and reordering and/or delivery of goods after they are sold out is not possible, even through another person. In certain cases, the seller will not be able to deliver products or equivalent products in a time and in a quantity that is reasonable considering the product, the scope of product advertising and the price, especially if an extraordinary case has occurred according to Art. 2.14 GTC. The buyer will always be informed in an appropriate way about any such extraordinary fact of the impossibility of delivering the goods, and in the case of a concluded contract, each of the parties has the right to withdraw from the contract.
ORDERING GOODS / PURCHASE CONTRACT / ACTS FOR CONCLUSION OF CONTRACT
2.1. The purchase of goods is carried out by issuing and sending the order to the buyer in the seller's shopping portal, with the fact that the buyer's order must be approved (accepted) by the seller in accordance with the GTC, otherwise the contractual relationship will not be established. If the order is accepted by the seller according to the GTC, the seller will deliver the ordered goods within the delivery period according to Art. 4.1 GTC.
2.2. For the possibility of active shopping on the shopping portal, it is necessary for the buyer to register at https://zanyacoffee.com in the registration section of the portal. Buyer registration can be done before selecting the goods or during the selection process. The person filling out the registration form is obliged to fill in the data according to the required fields of the registration form. By filling out the registration form, the buyer simultaneously gives his consent to the processing of his personal and other data in accordance with Art. 7 and following GTC and with conditions according to GTC. The buyer is obliged to update these data without delay on the portal when sending the order if they change, as their correctness, truthfulness and up-to-dateness affect the delivery of the goods to the buyer. Mandatory fields of the registration form are marked with a "*". The buyer is obliged to provide correct, complete and true data. Failure to fulfill the stated obligations by the buyer is interpreted to the buyer's disadvantage. A successful registration process is completed by assigning an access name and password, a separate e-mail is not sent. The buyer is obliged to keep the access name and password generated in the registration process in a safe place and to protect it in such a way that it cannot be misused.
2.3. The buyer looks at the goods and selects them according to the product categories listed in the product menu, or by clicking on the displayed product. For the goods, the buyer selects the data according to the published order information and adds the goods to his order by clicking the "Add to cart" button. If the buyer has finished the selection process, he clicks on the "Basket" button. Otherwise, he is entitled to return to the process of selecting goods by clicking on "Continue shopping".
2.4. The process of issuing a buyer's order consists of 4 steps: a) selection of goods and clicking on the button "Buy the contents of the basket" b) selection of payment method, shipping and shipping price, c) confirmation of the order, d) sending of the order.
2.5. In each of these steps, the buyer follows the navigation instructions, and each of these steps is usually completed by clicking "I confirm". The buyer is obliged to provide complete, true and correct data necessary for the correct delivery of the goods. The buyer is obliged to check the correctness of the selected data and data in the process of ordering the goods before they are definitively sent to the seller.
2.6. The application of any other conditions of the buyer stated in the order, other document, report or e-mail of the buyer, which would be in conflict with these GTC, is expressly excluded.
2.7. The buyer's order is considered sent if it is delivered to the seller and if it contains all the required data - the name of the ordered goods, its quantity, price, delivery and billing address, e-mail and telephone contact (on a mobile phone) for the buyer. If the General Terms and Conditions do not provide otherwise in a special provision, the seller is bound by his offer of goods, including its price, from the time of sending the acceptance of the order to the buyer (conclusion of the contract) until the time of delivery of the goods to the buyer.
2.8. Before sending the order to the seller, the buyer is always required to click away and confirm that he has familiarized himself with and agrees with the valid GTC of the seller, considering them as part of the contractual relationship between the seller and the buyer. The process of issuing and sending the order to the buyer cannot be completed without performing this action. Each order is assigned a registration number. When communicating with the seller and when paying, the buyer also states the order number.
2.9. The buyer sends the seller an order through the shopping portal. This order is the buyer's proposal to conclude a purchase contract under the terms and conditions of these GTC. The order is intended for the seller to be accepted by the seller within 15 days from its delivery to the seller. By sending an order to the seller through the shopping portal, the buyer expresses his will to be bound by his order during the specified period, to buy and take over the goods selected by him at the purchase price, in accordance with the terms and conditions of the General Terms and Conditions, subject to its acceptance by the seller. After delivery of the order, the seller electronically confirms the buyer's order within 24 hours, i.e. informs the buyer about the receipt and inclusion of the buyer's order in the seller's system.
2.10. Based on the agreement of the parties and in accordance with the GTC, the purchase contract is concluded between the parties if the seller confirms the buyer's order by e-mail. Based on the agreement of the parties and these GTC, the seller is obliged to fulfill the accepted order within the deadline according to Art. 4.1 GTC.
2.11. The buyer can cancel the order by e-mail delivered to the seller, if this cancellation occurs to the seller before the seller accepts the order according to the GTC. If the deadline for receiving the order (acceptance of the order) expires without acceptance by the seller, the order will be automatically cancelled. The order is also canceled in other cases according to the GTC.
2.12. Change in the order/conditions: if the seller is unable to agree - accept the buyer's order in its entirety (e.g. 1 out of 4 items will not be available) or if he proposes to change it or change the delivery conditions for other reasons, the buyer will be informed of this fact by e-mail or in another suitable way. At the same time, you will be asked to express your consent, or of disagreement with the change. The buyer is obliged to express his consent, or disagreement within 2 days from the date of notification of the proposed change. During this time, available items from the buyer's order will be reserved for the buyer. Only with the seller's acceptance (agreement) of the proposed change in the order by the buyer will a contractual relationship be established between the parties. In the event that the buyer does not agree to the change within the specified period in the manner indicated, the buyer's order is considered to be canceled in its entirety due to the futile expiration of the specified period and the seller's proposal for the change is considered not accepted by the buyer.
2.13. The purchase contract between the seller and the buyer is concluded by the acceptance of the buyer's order by the seller or by the acceptance of a change to the order proposed by the seller and made by the buyer. From the purchase contract, the seller is obliged to hand over the object of purchase to the buyer and fulfill the obligations according to the General Terms and Conditions. From the concluded contract, the buyer has the obligation to take over the object of purchase, pay the seller the agreed performance price for it and fulfill the obligations according to the contract and GTC. The seller fulfills the accepted order within the deadline according to Art. 4.1 GTC.
2.14. If, before or after the conclusion of the contract, the seller discovers a typographical, system, human, supplier or other error regarding the goods, its price, availability, quantity or delivery options, as well as in the case of stock out, unavailability of the goods or if he is unable to deliver the goods to the buyer in the agreed period or in the price indicated in the online store or for reasons of force majeure, he will inform the buyer about this fact. In any of these extraordinary cases, both the seller and the buyer are entitled to withdraw/cancel their order before concluding the contract (buyer), or reject it (seller). If such an extraordinary circumstance occurs after the conclusion of the contract, the seller is entitled to withdraw from the contract until the moment of delivery of the goods to the buyer. The buyer is also entitled to withdraw from the purchase contract in accordance with the GTC and legal regulations in the event of the occurrence of this extraordinary notified circumstance. If the buyer has already paid the purchase price, it will be returned to him in accordance with legal regulations and GTC. The seller is entitled to unilaterally withdraw from the contract and/or not deliver the goods to the buyer even if he discovers that incorrect, incomplete or false information regarding the buyer, the person receiving the goods, or if there is a risk that as a result of the behavior of the person, with with which the seller communicated, damage may occur on the seller's side (e.g. fraudulent activity).
2.15. The buyer is entitled to unilaterally withdraw from the contract in the period from the conclusion of the contract until the delivery of the goods, with the fact that he is obliged to bear the costs of already carried out transport and the costs of delivering the goods. The buyer's withdrawal options after receiving the goods are listed in the General Terms and Conditions and in the legal regulations.
PURCHASE PRICE AND PAYMENT TERMS
3.1. The buyer is obliged to pay the seller for the goods the purchase price and the cost of transportation according to the order accepted by the seller (concluded contract). When creating an order, these items are also listed in total (the sum of the price of goods and shipping). The price of goods on the portal is listed with VAT, unless it is stated that it is a price without VAT. VAT is applied to the supply of goods and services in accordance with legal regulations.
3.2. The purchase price of the goods does not include bank fees for payment of the purchase price, costs of transporting goods, costs of cash on delivery, costs of delivery of purchased goods according to point 4 of the General Terms and Conditions, costs of using electronic means of communication. The buyer is obliged to pay these fees and costs, unless otherwise stated below. When paying from abroad, the buyer as the payer is obliged to bear the fees of his bank and other fees, especially those of correspondent banks and the recipient's bank.
3.3. The price may change due to an obvious typographical or other error regarding the price of the goods found in the seller's system or published on the shopping portal for the goods. Both the buyer and the seller are entitled to cancel the order, or withdraw from the purchase contract (until the moment of taking over the goods) if the buyer is notified of a change in the purchase price of an item due to an obvious typographical or other error regarding the price of the goods.
3.4. The method of payment of the purchase price and the cost of transporting the goods (the method of payment is chosen by the buyer in the 3rd step of ordering the goods on the shopping portal and is indicated in the order with the calculation of costs):
in cash upon receipt of the goods (cash on delivery) – the purchase price and the cost of transporting the goods are indicated in the shopping cart in the process of ordering the goods,
by non-cash transfer or cash deposit to the seller's account at the moment of creating the order or after accepting the order - the purchase price and shipping costs of the goods are indicated in the shopping basket when ordering the goods,
When paying, it is necessary to indicate the buyer's order number as a variable symbol. A variable symbol entered incorrectly by the buyer during payment results in an incorrect settlement of the purchase price and the buyer bears all the risks associated with it, and the buyer is in default in fulfilling the obligation to pay for the ordered goods.
3.5. Maturity of the purchase price:
a) when choosing non-cash payment or cash payment by deposit to the seller's account: the buyer is obliged to pay the seller the purchase price no later than 24 hours from the date of conclusion of the contract and before taking over the goods in accordance with Art. 4. GTC; the buyer is entitled to pay the purchase price already when the order is issued and sent to the seller, with the fact that the payment is perceived as an advance on the purchase price and the cost of transporting the goods, but the buyer is recommended to pay only after the order has been accepted by the seller (conclusion of the contract),
b) in the case of cash payment upon delivery of the goods on delivery: the buyer is obliged to pay the seller the purchase price and transport costs at the latest upon delivery of the goods to the buyer.
Price for cash on delivery: 1 euro
Price for payment in advance (by payment card, bank transfer): FREE
3.6. Bank fees for payment of the purchase price and transport costs to the buyer are governed by the contract between the buyer and the buyer's bank. The buyer is warned that the information on the costs of transporting the goods is clearly stated in the process of ordering the goods and depends on the choice of carrier/delivery service/delivery method. The costs for the use of electronic means of communication are governed by the contract between the buyer and his internet connection provider, or his provider of electronic communication services.
3.7. The seller issues and delivers the invoice to the buyer in accordance with the applicable laws of the Vietnam. By sending the order, the buyer agrees that the invoice will be sent together with the goods or made available to the buyer electronically. The invoice is sent together with the goods, and the invoice is also a delivery note and a warranty note.
3.8. When withdrawing from a concluded contract, the procedure is in accordance with legal regulations and GTC. If the purchase price was paid before the conclusion of the contract and the contract is not concluded even within 15 days from the delivery of the buyer's order, the purchase price will be returned to the buyer no later than 30 days from the date of delivery of the buyer's order or within 15 days from the day of rejection of the order or cancellation of the order, namely whichever of these dates occurs first. The purchase price will be refunded to the account from which the payment was received. When returning money by postal order, an amount of €1 will be deducted from the amount sent.
If the buyer had free shipping, the shipping cost will be deducted from the refunded amount, depending on how the goods were delivered.
Before returning the paid price, in case of doubt, the seller is entitled to demand from the buyer proof of the fact that he is the owner of the account and/or the right to receive funds. If the seller is obliged to return the purchase price to the buyer and the goods have already been delivered to the buyer, the seller will return the purchase price to the buyer after returning the goods to the seller.
DELIVERY OF GOODS, DELIVERY TERMS AND COSTS FOR DELIVERY OF GOODS
4.1. Deliveries of the ordered goods are made as soon as possible, depending on the availability of the products. In the case of goods that are not in the seller's warehouse at the time of the order, the seller will send the goods to the buyer no later than 10 days from the date of acceptance of the buyer's order. In the case of goods that are in the seller's warehouse, the seller will send the goods to the buyer no later than 72 hours from the date of acceptance of the buyer's order. When entering the payment method by bank transfer, the seller will send the goods to the buyer the next working day after receiving the payment to the seller's account. The courier will deliver the shipment within 1-2 working days from the dispatch of the goods (the courier delivers the goods only on working days).
The seller will deliver the goods to the buyer at the address indicated by him when issuing the order exclusively to the person listed as the buyer. The delivery or release of goods to a person other than the buyer is not possible without the prior written consent of the seller and the documents required by the seller. For this reason, it is essential that the buyer correctly enter his identification data when ordering the goods and the data for the delivery of the goods. Delivery of goods to a person without authorization to receive the goods is not possible. The supplier of the goods is entitled to find out and verify with the receiving person by appropriate means whether this person is the buyer and whether he is authorized to take over the goods. If the circumstances require it, the seller and the buyer can agree on an extension of the delivery period, or on a substitute performance of the same quality and price.
Price of transport services within Vietnam:
We do not charge postage for all orders with a delivery address in Vietnam
The shipment will be sent exclusively by courier service.
COURIER, payment in advance to the account: €2.50
The customer pays for the goods after the order in full by bank transfer or online payment. The goods will be sent the next working day after receiving the payment to the seller's account. Postage applies to each separate order.
COURIER, payment on collection (cash on delivery): €3.50
The customer pays for the goods when receiving the shipment from the courier directly to the courier, postage applies to each separate order.
4.2. Delivery of the goods to the buyer is possible only if the purchase price and the cost of transportation for the delivered goods have been paid. Otherwise, the seller, or the carrier/deliverer is authorized not to deliver the goods and the seller is not in arrears with the delivery of the goods. The buyer is obliged to properly take over the goods from the carrier/delivery person within the scope of the order accepted by the seller.
4.3. The method of delivery of goods is chosen by the buyer on the shopping portal, in the process of ordering goods from the options offered by the seller.
4.4. In certain cases, the seller is entitled to change the buyer's chosen method of transporting the goods to another offered method of transportation before accepting the order. In this case, the buyer will be informed of this fact in writing and a change to the order and terms of the contract will be proposed according to Art. 2 GTC and will be informed about the change in shipping costs. A change in transport costs due to a change in the method of transport will not be to the buyer's disadvantage.
4.5. The buyer is warned that the seller is entitled to deliver the goods in several separate deliveries, with the fact that even for such separate deliveries of the goods, the price of transport applies as for the acceptance of the order (i.e. multiple transports are charged only for the price of one transport).
4.6. The seller, transport company or delivery service is entitled to notify the buyer of the delivery of the goods by e-mail, text message or other suitable form (e.g. by telephone). The buyer agrees to the seller providing this buyer's data to the shipping/forwarding company or delivery person. The buyer should be reachable at the address indicated by him at the time of the announced delivery of the goods.
4.7. When taking over the goods, the buyer is obliged to prove his identity to the carrier by means of valid identity documents (citizen's card or passport) without being asked. These documents must show the identity of the buyer and the authorization to take over the goods. Otherwise, the goods may not be handed over by the seller/carrier.
4.8. If the buyer unjustifiably refuses to accept the goods or repeatedly fails to accept them without authorization, the seller is entitled to claim against him all costs incurred in this connection.
4.9. When taking over the goods, the buyer is obliged to check the integrity of the packaging and the completeness of the delivery, especially the number of transport packages (packages/shipments). In case of any obvious defects detected in connection with the transport and the goods, the buyer is obliged to notify the carrier and the seller immediately, no later than within 12 hours. The buyer is obliged to indicate on the transport document all obvious damage to the shipment and damage to the packaging. If the transport package is equipped with a tape that is damaged, or other damage to the packaging or shipment is detected due to unauthorized opening of the shipment, the buyer is obliged not to accept the shipment from the carrier/delivery person. By signing the acceptance protocol, the buyer confirms that the shipment was received intact. If the buyer does not raise objections to the non-delivery of the goods and the non-delivery of the documents supplied with the goods within 12 hours of the delivery of the goods, based on the confirmed delivery and waybills, it is assumed that the goods were properly delivered to the buyer, unless the contrary is proven.
4.11. Damage to goods is reported by the buyer to the seller by e-mail or in another suitable way. It is not possible to take into account the additional reporting of mechanical damage detectable upon receipt of the goods and these will not be recognized.
4.12. The seller will immediately inform the buyer about the impossibility of delivering the goods, as well as in cases of force majeure or for reasons for which the seller or the carrier/deliverer is not responsible. In this case, the seller will offer or provide the consumer with alternative performance and proceed according to the GTC and legal regulations.
GUARANTEE, CLAIMS TERMS AND CLAIMS PROCEDURE
5.1. The provisions of this point do not apply to a buyer who purchases goods for the purpose of doing business and not for the purpose of personal consumption by natural persons. Liability for product defects in this case is governed by the provisions of § 422 et seq. Commercial Code. The seller handles consumer complaints in accordance with the laws of the Vietnam, especially the Consumer Protection Act, the Civil Code and applicable laws.
5.2. For all goods purchased on the basis of civil relations, the standard warranty period is 24 months in accordance with the legal regulations of the Vietnam, if the Vietnamese legal regulations do not establish a shorter period for certain types of goods. The warranty period starts from the day the buyer takes over the goods.
5.3. The warranty does not apply to defects and damage caused: in connection with normal wear and tear, the actions of the buyer or a third party after the buyer has taken over the goods, unprofessional, careless handling, excessive load, mechanical damage or wear, use of the goods contrary to its intended use or improper storage.
5.4. The buyer's warranty expires, even if the goods are tampered with.
5.5. The buyer can make a claim by sending the goods together with other required documents (in particular the proof of purchase and the claim form) to the address of Zanya, s.r.o.'s registered office: Karpatské námestie 10A, Bratislava.
5.6. The buyer shall attach a legible original or a copy of the proof of purchase of the goods to the claimed goods, and in the complaint protocol shall provide a detailed description of the defect and the way in which the defect manifests itself externally. The goods must be delivered in a clean condition and with the accessories supplied with the goods.
5.7. When making a claim, the seller will issue a confirmation to the consumer, which, due to long-distance communication, will be delivered to him together with a document on the completion of the claim; confirmation of the application of the claim does not need to be delivered if the consumer has the opportunity to demonstrate the application of the claim in another way. Complaint assessment is not possible without presenting the goods.
5.9. If it is a defect that can be removed, the buyer has the right to have it removed free of charge, on time and properly. The seller is obliged to remove the defect without undue delay. Instead of removing the defect, the buyer can demand the replacement of the item, or if the defect concerns only a part of the item, the replacement of the part, if this does not result in unreasonable costs for the seller considering the price of the goods or the severity of the defect. Instead of removing the defect, the seller can always replace it with a non-defective item, if this does not cause serious difficulties for the buyer. If it is a defect that cannot be removed and which prevents the item from being properly used as a defect-free item, the buyer has the right to exchange the item or withdraw from the contract. The same rights belong to the buyer if the defects can be removed, but if the buyer cannot properly use the item due to the reappearance of the defect after repair or due to a larger number of defects. If there are other irreparable defects, the buyer has the right to a reasonable discount from the price of the item.
5.10. The seller will issue a document on the handling of the claim no later than 30 days from the date of application of the claim in accordance with the Consumer Protection Act and legal regulations. The buyer acknowledges and agrees that the document on the application of the claim and the equipment of the claim will be delivered to the buyer in accordance with legal regulations. After the end of the complaint procedure, as well as on the basis of the seller's request, the buyer is obliged to take over the claimed goods from the seller within a period of 15 calendar days, if the claim was settled in the form of repair, discount, exchange of goods (new goods) or rejection of the claim.
5.11. If the buyer does not take over the item even within 30 days after handling the complaint or within 30 days from the day of repeated delivery of the goods to the buyer or does not take over within the same period from sending the seller's invitation after the end of the complaint procedure to the contact address provided by the buyer, the seller is in compliance with the legal regulations entitled to demand payment from the buyer in the amount of 0.20 Euro for each day of storage.
RETURN OF GOODS - WITHDRAWAL FROM THE CONTRACT
6.1. Instruction on the consumer's right to withdraw from the contract:
Pursuant to Section 7 of the Act on Consumer Protection in Door-to-Door and Mail-order Sales, the buyer who is a consumer has the right to withdraw from the concluded contract without giving a reason within 14 days. The stated period for withdrawing from the contract expires after 14 days from the day when the buyer, who is a consumer, or a third party designated by him, with the exception of the carrier, takes over the goods. If the goods, the delivery of which is the subject of a single contract, are delivered separately, the period for withdrawing from the contract will expire after 14 days from the day when the buyer or a third party designated by him, with the exception of the carrier, takes over the goods that were delivered last. When exercising the right to withdraw from the contract, the buyer is obliged to inform the seller of his decision to withdraw from this contract by a clear statement (for example, by letter sent by post, fax or e-mail) to the address Zanya, with registered office at Lạc Dương, Dalat, Lâm Đồng, Vietnam, tel.: +0827980061, +0837031614 , email: info@zanyacoffee.com. The withdrawal period is preserved if the buyer sends a notice of exercise of the right to withdraw from the contract before the withdrawal period expires.
In the event of a valid withdrawal from the contract by the buyer, the seller will return to the buyer all payments made in connection with the conclusion of the contract. This does not apply to additional costs if the buyer has chosen a different type of delivery than the cheapest common delivery method offered by the seller. The seller will return the payments to the buyer without undue delay, no later than 14 days from the day the buyer delivers the notice of withdrawal from the contract to the seller. Refunds to the buyer will be made in the same way that the buyer used for payment, if he did not expressly agree to a different payment method. Payment for the purchased goods will be paid to the buyer only after the returned goods have been delivered to the above address or upon presentation of a document proving the return of the goods, whichever occurs first. The buyer is obliged to send the goods back or bring them to the above address of the seller no later than 14 days from the date of exercising the right to withdraw from the contract. The period is considered to be preserved if the buyer sends the goods back before the 14-day period has expired. The direct costs of returning the goods are borne by the buyer. The buyer is responsible for any reduction in the value of the goods as a result of handling them in a way other than what is necessary to determine the nature, properties and functionality of the goods.
6.2 In the event that the buyer uses the right to withdraw from the contract according to point 6.1. and returns the goods to the seller damaged, worn or without accompanying documents, the seller is entitled to claim damages against the buyer, or other legal claims that he is entitled to set off against the buyer's claim for the return of payments made in connection with the conclusion of the contract (with the exception of goods returned due to proven warranty defects).
6.3 In the event of a breach of the conditions for withdrawal from the contract or proper return of the goods, the seller is entitled to claim compensation from the buyer for the damage caused to him in accordance with the relevant legal regulations.
6.4 Here you can download a sample form for withdrawing from the contract.
PRIVACY
7.1. In accordance with Act no. 122/2013 Coll. Act on the Protection of Personal Data and Amendments to Certain Acts (hereinafter referred to as the "Act on the Protection of Personal Data") and by special regulations, the buyer grants the seller consent to the processing of his personal data listed in the registration form, in the order, or mutual correspondence in the information the seller's system. This personal data includes personal data provided during registration and purchase, such as first and last name, e-mail address, gender, date of birth, billing address, delivery address and telephone number. This consent is provided for the purpose of establishing pre-contractual relations and information necessary for the purpose of fulfilling obligations from the purchase contract (mutual contractual relations), as well as for the purpose of delivering advertising materials, presenting the seller's services and products, sending information about the activities of these persons, including electronically means (especially e-mail, SMS message, telemarketing). The buyer also gives his consent to the processing of those data that are not personal data. If the buyer believes that his rights to the protection of personal data have been violated, he can contact the Personal Data Protection Office of the Vietnam
7.2. Consent is granted voluntarily for the period until its revocation, with the fact that the buyer is entitled to revoke the consent given at any time by sending a written notification to the e-mail address of the seller info@zanyacoffee.com or to the address of the seller's registered office.
7.3. The buyer declares that the personal data given in the order are true. According to § 16 of the Personal Data Protection Act, the person who provided them to the information system is responsible for the falsity of personal data.
7.4. By completing the registration as well as sending the order, the buyer confirms that he agrees to send commercial communications by e-mail and/or text messages or in another suitable way.
7.5. In the event that the seller has an obligation to provide and/or deliver mandatory information to the buyer and this obligation is not fulfilled in the form of publication in the General Terms and Conditions, the buyer agrees that the seller provides and delivers such information in the form of an e-mail or SMS message, the contact information provided by him, respectively in another suitable way.
7.6. All personal data that the seller provides during the purchase are confidential and will not be provided to third parties under any circumstances. Personal data is made available only to employees of Zanya, s.r.o. All personal data are secured against any misuse.
FINAL PROVISIONS
8.1. The seller is entitled to keep and archive the mutual documentation and the contract in electronic form together with the relevant General Terms and Conditions for a period of 5 years. The archived contract is not available to the buyer. The Vietnamese language is offered for concluding the contract. The buyer is entitled to reproduce the essential elements of the contract in electronic form in accordance with legal regulations.
8.2. For the delivery of electronic messages addressed to the buyer, if the seller does not receive an error message about the impossibility of delivering the message (e-mail or SMS message) to the provided e-mail address, or tel. buyer's number (mobile phone), this message (e-mail or SMS message) is considered to have been delivered the day after it was sent, unless mandatory legal regulations stipulate otherwise. For the delivery of electronic messages addressed to the seller (e-mail), the electronic document is considered undelivered until the seller confirms its receipt to the buyer with a return e-mail message. The shipment is considered delivered even if the addressee refuses to accept it, or even if the addressee does not accept it due to his own fault or omission. In such a case, it is deemed to have been delivered upon expiry of the storage period at the post office for the duration specified by the sender and upon return of the parcel to the sender, of which the sender must provide undamaged proof. Notifications delivered via the courier service will be considered delivered at the moment of acceptance by the contracting party. In case of failure of delivery by the courier service, the third day after the first delivery attempt will be considered as the moment of delivery, while the delivery attempt will be proven by a statement from the courier service. It is the sole authority of the seller to decide in which form and in which cases he will communicate with the buyer (sms or e-mail or another suitable method).
8.3. If it is proven that any of the provisions of the GTC and/or the contract is invalid or ineffective, such invalidity or ineffectiveness does not result in the invalidity or ineffectiveness of other provisions of the GTC/contract. In such a case, the parties undertake to immediately replace such invalid or ineffective provision with a new one so that the purpose pursued by the respective invalid or ineffective provision at the time of its adoption, or conclusion of this contract.
8.4. The Inspectorate of the Vietnam, is authorized to supervise the activities of the seller.
8.5. The decisive law is the law of the Vietnam. All disputes that arise from the GTC, the contract or in connection with them, including disputes from the supply of goods, will be heard and decided exclusively by the courts of the Vietnam.
8.6. If the buyer, who is a consumer, is not satisfied with the way in which the seller handled his complaint or if he believes that the seller has violated his rights, he has the right to resolve such a dispute through the system of alternative dispute resolution in accordance with Act No. 391/2015 Coll. on the alternative resolution of consumer disputes and on the amendment of certain laws, under the conditions set forth in this law. At the same time, the buyer is entitled to assert his rights and claims against the seller also within the framework of alternative online dispute resolution. Online dispute resolution is provided by the European Commission and the Vietnamese contact point for online dispute resolution (RSO). In such a case, the buyer is entitled to file a complaint through the online dispute resolution platform (RSO) at http://ec.europa.eu/consumers/odr/index_en.htm
8.7. The General Terms and Conditions are valid and binding from the date of their publication on the seller's website. The seller reserves the right, at its own discretion, to cancel, change, modify or replace them with new ones, with the fact that the concluded contracts are subject to the General Terms and Conditions valid at the time of the conclusion of the purchase contract. By completing the registration, as well as sending the order and clicking consent to the GTC at https://zanyacoffee.com at the end of the ordering process, the buyer confirms that he has been provided with information about the buyer's right to withdraw from the contract according to § 3 par. 1 letter h) Act no. 102/2014 Coll., that he has familiarized himself with and agrees with the General Terms and Conditions, the complaints procedure (Article 5), considering them as part of the contractual relationship.
The General Terms and Conditions in this version are published and valid from 01.08.2019 and will be applied to orders delivered to the seller via the shopping portal after this date.
