Common use of E-Commerce Clause in Contracts

E-Commerce. 13. The working hours of the Online store are from 00:00 to 24:00. Terms for pick-up and / or delivery are from 9 am to 9 pm. 14. This Agreement is entered into between the Seller and the Buyer (hereinafter individually referred to as the "Contracting Party", collectively as the "Contracting Parties") when making any sale of items through the Online store. The contract is considered concluded if the following cumulative conditions are met: a. The Buyer has ordered items through his user account. b. The Buyer has confirmed that he agrees with this Agreement, by activating the appropriate link before ordering the item. c. The Buyer made the payment for the ordered items and received an invoice via e-mail confirming the place and date of delivery. 15. In terms of the provisions of this Agreement, ordering and selling items is done only and exclusively through the Online store (it is not allowed to order items by calling the call centre number 19995). 16. Shopping through the online store is only possible in quantities suitable for the household. If the ordered quantity is higher than the appropriate one, the Online store will automatically warn the Buyer about exceeding the allowed quantities, i.e. about the maximum allowed quantity. 17. The pictures of the items on the pages of the Online store are illustrative, and do not have to fully correspond to their actual appearance. The Seller guarantees that the items sold through the Online store are identical in their physical- chemical, biological, mechanical and other quantitative and qualitative characteristics to the items sold at other points of sale of the Seller. However, item information may not be complete. Data indicating nutritional value, raw material composition, allergens, etc. may vary from case to case. The Buyer is obliged to read the declaration carefully before using the item. 18. All prices in the Online store are expressed in Euro currency, with value added tax included, at the rate valid at the time of the payment transaction. Items are delivered at prices valid on the day of ordering, regardless of the selected delivery date. 19. The Seller reserves the right to change the price of an item, without prior notice. Items displayed in the Online store are part of the regular assortment of the Seller, but this does not mean that all items are available at any time, i.e. that they are in the Seller's warehouse. The data related to the item must state whether a particular item is available at the moment in which the electronic commerce is performed. 20. The price of items in the basket is the estimated price on the day of delivery to the customer. The Seller reserves the right to make a reservation (pre-authorization) of the funds on the Buyer's payment card in order to cover the entire cost that deviates from the original invoice. Former may be the case with weighted items in the Buyer's basket, for which reason the final invoice may differ from the approximate price shown on the order. This practice is applied to weighted items such as delicacies, fruits or vegetables and the like, or items that are charged by weight, not by piece. Example: the price shown for a particular item is shown for 1 kg. If the Buyer decides to order 600 g, the Online Store will make it possible. However, during weighing, it is possible that the weight will be 590 g, so the Seller will deliver to the Buyer an item that deviates from the weight selected, which means that the price shown when ordering will deviate from the final price. Deviations can be minimal, which means that in relation to the ordered quantity, the Buyer can receive more or less, whereby the price will be calculated according to the exact weight that was delivered. Funds from the Buyer's payment card will be reserved in a slightly larger amount, but precisely charged after weighing. If a larger amount is reserved from the payment card, the money will be refunded immediately and available on the Buyer's account. The seller disposes of, stores and delivers its items according to the highest standards. If the Buyer buys items from the "frozen" range, specially marked items with the "snowflake" pictogram, the Seller recommends that the Buyer also buys a suitable thermal bag that maintains the temperature of the frozen products. In this way, it is guaranteed that the delivered items will be of the best quality, i.e. that they will be delivered in the condition in which they were in the sales facility. 21. All orders and realized purchases of the Buyer will be recorded in the analytics of the user account and by delivering an e-mail to the address registered by the Buyer when opening the user account. 22. Items ordered by the Buyer are recorded in the "basket", which is graphically presented on the website of the Online store. By clicking on the "add" icon, the selected item is added to the cart. By activating the basket link, the Buyer gets the opportunity to change the purchase order before making the payment. 23. The order of actions when executing e-commerce is as follows: a. The Buyer logs in to his user account on the website of the Online store. b. The Buyer accepts this Agreement. c. On the website of the Online store, the Buyer selects the item he wants to buy. Ordered items are graphically displayed in the basket. d. When the Buyer selects all the items he wants to buy, the purchase order is concluded by activating the appropriate link, after which a secure (encrypted) connection is activated through which the Buyer can make the payment. The purchase order can be changed by returning to the page containing the items in the basket. e. In the process of making a payment, the Buyer is offered the option to enter the code of the voucher, special coupon, discount stamp and other instruments on the basis of which the Buyer receives a discount or other benefit during the purchase. f. After the Buyer enters the necessary payment details, thus legally signing the payment order with an electronic signature, the payment transaction is executed, about which the Buyer receives an e-mail to the address he registered when opening the user account (as a rule, the Buyer will receive immediately appropriate notification to his mobile phone, as proof that the commercial bank has debited the card for the amount paid). g. The e-mail message that the Seller delivers to the Buyer represents the invoice for the sold items and contains all the formal elements that correspond to the content of the fiscal invoice that the Seller issues in its sales facilities. h. The e-mail message contains a link that contains this Agreement, with information about the Seller, Buyer and trade transaction. i. The e-mail message contains information on the two-hour interval during which the Buyer can expect the delivery of paid items. j. The ordered items are delivered to the Buyer at the specified address in the agreed interval, which will be verified by the electronic signature of the Buyer on the courier’s device (this also confirms the receipt of the ordered items). k. The Buyer has the right to complain about the purchased items under the terms of this Agreement. 24. The Seller may suspend trade through the Online shop, without prior notice. Items which have been ordered and paid for by the Buyer, as verified by receiving an e-mail about the payment transaction (issued invoice), the Seller is obliged to deliver to the Buyer within the agreed time and to the address specified in the electronic invoice delivered to the Buyer by e-mail. 25. If the Buyer chooses to pay for the ordered items in cash upon delivery, the Buyer is obliged to select such an option before making the payment. In this case, the payment card (identified by the Customer when opening the user account) will be pre-authorized for the value of the trade. After the Buyer pays for the items in cash, which will be verified by the electronic signature of the Buyer on the courier’s device (which also confirms the receipt of the ordered items), the pre- authorization of the payment card will be withdrawn (cancelled). 26. The Seller is obliged to deliver the ordered and paid items to the address of the Buyer specified in the invoice. Any changes to the delivery address are only possible if the Seller's logistics service has the ability to adapt to the change during the delivery process. 27. The Seller will try to localize its services, which will provide the shortest delivery times for the ordered items. For orders for which the service "Delivery to the address" is selected, the cost of delivery is a fixed amount and does not depend on the amount of the order or its weight. The cost of delivery is included in the price, it is transparently displayed before the final confirmation of payment (the amount of this cost depends on the current price list of the delivery service defined by the Seller). For orders for which the service "Pick up location" has been selected, the "Pick up location" service is free of charge, and the availability is also defined by the Seller in accordance with the available two-hour terms stated on the website of the Online store. 28. If the Buyer picks up the items upon arrival at the Seller's location, the pick-up is done in such a way that the Seller's automated IT service will deliver an SMS message to the Buyer to the mobile phone number registered by the Buyer when opening the user account. The message will provide a numeric code or QR code to open the cabinet containing the purchased items. The date and time of opening the cabinet will be registered in the online store as the date and time of collection of the ordered items.