Term & Conditions

Term & Conditions of the company cloudeventix solutions s.r.o. registration number: 10981284

with registered office: Na Výsluní 287, 251 66 Mirošovice registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Entry 351720

Article 1

Introductory Provisions

1.1 These terms and conditions (hereinafter referred to as the "Terms") regulate, in accordance with Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the Operator and legal or natural persons using the Svaggy platform available at https://www.svaggy.com/ (hereinafter referred to as "Svaggy").

1.2 Svaggy is an internet portal that serves as a platform for ordering and delivering food or other goods. Through Svaggy, individuals or legal entities (hereinafter referred to as "Users") can enter into a purchase agreement with persons engaged in the restaurant business and/or wholesale and retail trade, who have a published offer for the sale of food for immediate consumption and/or other goods on Svaggy (hereinafter referred to as "Partners").

1.3 The purchase agreement concluded through Svaggy is exclusively between the Partner and the User (hereinafter referred to as the "Purchase Agreement"). The Operator is not a contracting party to this Purchase Agreement in any way. By the Purchase Agreement, the Partner undertakes to deliver food and/or goods (hereinafter referred to as "Goods") according to the User's order, and the User undertakes to receive the Goods and to pay the agreed purchase price for the Goods.

1.4 The Operator is not responsible in any way for the fulfillment of obligations arising from the Purchase Agreement and is not liable for any damage or other harm caused to the User in connection with the Purchase Agreement.

1.5 The Terms are an integral part of the Purchase Agreement. Deviations from the provisions of the Purchase Agreement take precedence over the provisions of these Terms.

1.6 These Terms and the Purchase Agreement are concluded in Czech and English. In case of discrepancies between the language versions, the Czech version of these documents prevails.

1.7 The Operator may change or supplement the Terms. This provision does not affect the rights and obligations arising during the effectiveness of the previous version of the Terms. The Operator will always publish changes to the Terms in advance on Svaggy.

1.8 By registering with Swaggy, the User agrees to these Terms.

Article 2

Information about Goods and Prices

2.1 Information about Goods, including the price and its main characteristics, is provided for each item in the offer of individual Partners on Svaggy. If the User requires more detailed information about the Goods, they can contact the Partner directly. Prices are stated including taxes and all related fees. The price of the Goods remains valid for the period it is displayed on Svaggy.

2.2 All presentations of Goods on Svaggy are for informational purposes only, and the Partner is not obligated to conclude a Purchase Agreement regarding this Goods (Section 1732 (2) of the Civil Code does not apply).

2.3 The offer of individual Partners on Svaggy includes information about allergens. This information is provided directly by the Partners, and the Operator is not responsible for the accuracy and completeness of this information. If the User has allergies, allergic reactions, or other restrictions, they can contact the Partner directly to inquire about the exact composition of the Goods offered on Svaggy.

2.4 The display of offers from individual Partners to Users on Svaggy depends on the following parameters, ranked from most significant to least significant: Partner availability (whether "online" or "offline"), the distance of the Partner's establishment from the place of delivery, the estimated delivery time of the Goods to the User, the rating of the Partner's establishment by Users, the regularity of the User's orders (if the User has ordered Goods from the Partner's establishment multiple times, it increases the likelihood that the Partner will be displayed as relevant), a new Partner in Svaggy (new Partners are temporarily displayed to Users at a higher rank). Partners who have paid the Operator a fee for better placement of their offer are also displayed to Users at a better rank. These offers from Partners are marked as "Sponsored" in Svaggy.

2.5 The Operator is not responsible for the inaccuracy and incompleteness of the data provided in the individual offers of Partners on Svaggy and for any disagreement of illustrative photographs with the actual appearance of the Goods.

Article 3

Order and Conclusion of the Purchase Agreement

3.1 The costs incurred by the User when using distance communication means in connection with the conclusion of the Purchase Agreement (costs of internet connection, telephone calls) are borne by the User. These costs do not differ from the basic rate.

3.2 The User places an order for Goods exclusively through the user account after prior registration in Svaggy.

3.3 The User is required to enter the delivery address of the Goods first, after that the Partners' establishments from which the Goods can be ordered will be displayed to the User on Svaggy. After selecting the Partner's establishment, the User is redirected to the Partner's offer page. On the Partner's page, the User selects the type of Goods, the quantity of Goods, and the method of payment and delivery (the selected Goods are "added" to the cart).

3.4 Before submitting the order, the User can check and modify the details entered in the order. The User sends the order by clicking the "Order obliging to pay" button. The data entered in the order is considered correct by the Partner and the Operator. The condition for the validity of the order is the completion of all mandatory data in the order form.

3.5 The User may request the Partner to modify the Goods according to their needs and special requirements. The Partner will comply with these requests if such a request is feasible, reasonable, and can reasonably be demanded from the Partner.

3.6 Immediately after receiving the order, the User will receive an email confirmation of the order. The Purchase Agreement between the User and the Partner is concluded after the order is accepted by the Partner. The User is informed of the conclusion of the Purchase Agreement by email and/or through a notification in the user account on Svaggy.

3.7 User is entitled to cancel the submitted order. If the User cancels the order before the Partner accepts it, no special fee will be charged. If the User cancels the order after the Partner accepts it but before the Partner prepares it for pickup by a courier and/or the User, a cancellation fee will be charged, amounting to 50% of the price of the Goods. If the User cancels the order after the Partner prepares the Goods for pickup by the User or courier, the User will be charged a cancellation fee equal to 100% of the price of the Goods. In the event of order cancellation, the User forfeits the right to receive the ordered Goods. This does not affect the User's right to withdraw from the Purchase Agreement in accordance with Article 7 of these Terms and Conditions.

3.8 In the event that the order is canceled by the Partner after confirming the order, the User will be refunded the entire purchase price, including fees and shipping costs.

3.9 The User will be charged additional fees, namely:

  • a. Packaging fee for the Goods,
  • b. Svaggy usage fee of CZK 20 per order,
  • c. Minimum order fee of XX CZK if the price of the Goods in
  • d. High demand fee, which may be charged during periods of increased demand for Goods from the Partner.

The total price of the Goods and the amount of all fees are displayed to the User in the order.

3.10 In the order, the User can give a tip to the courier delivering the Goods. This amount is intended exclusively for the person delivering the Goods and is not part of the purchase price.

Article 4

User Account

4.1 Upon registering with Svaggy, the User can access their user account and place orders for Goods. When registering and ordering Goods, the User is obliged to provide all information correctly and truthfully. The information in the user account is considered accurate by the Partner and Operator.

4.2 Access to the user account is secured by a username and password. The User is required to keep confidential any information necessary for accessing their customer account. The Operator is not responsible for any misuse of the user account by third parties.

4.3 The User is not authorized to allow third parties to use their user account.

4.4 The User may create only one user account. If the Operator discovers that the User has created multiple user accounts, they are authorized to cancel, block, or delete the user account.

4.5 The Operator is entitled to cancel the user account at any time or temporarily restrict access to the user account, especially if the User has not used their account for more than 5 years or if the User violates their obligations under the Purchase Agreement or these Terms.

4.6 The User acknowledges that the user account may not be available continuously, especially considering necessary maintenance of the Operator's hardware and software or third-party hardware and software.

4.7 Upon registration, the User must provide their date of birth for age verification to determine if the User meets the conditions for purchasing Goods restricted by age.

Article 5

Payment Terms

5.1 The User can pay for Goods, related fees, and any costs associated with the delivery of Goods in the following ways:

  • a. Online payment card via the Stripe payment gateway,
  • b. Sodexo e-card,
  • c. Pay Pal payment method,
  • d. Google Pay payment,
  • e. Apple Pay payment.

5.2 When making a payment, the User follows the instructions of the relevant payment method provider.

5.3 Along with the purchase price of the Goods, the User is obliged to pay related fees according to Article 3.8 of these Terms and the costs associated with the delivery of the Goods in the agreed amount, unless expressly stated otherwise.

5.4 The User may also apply discount coupons provided by the Operator as part of promotional campaigns during payment. Unless stated otherwise, discounts provided by the Operator cannot be combined.

5.5 No advance deposit or similar payment is required from the User. The Operator and Partner are entitled to demand payment of the entire purchase price, related fees, and delivery costs before commencing the preparation of the User's order.

5.6 If the User cancels an order per Article 3.7 of these terms and conditions, the purchase price or its part will be added to a special wallet in their user account in the form of credits. The User can use these credits when paying for subsequent orders, and the User explicitly agrees to this crediting mechanism.

5.7 The Partner will issue a tax document to the User, which will be handed over together with the Goods.

Article 6

Goods Delivery

6.1 The User will choose the method of goods delivery in the order. The User can choose from the following delivery methods:

  • a. Delivery of Goods via a courier to the address specified in the order,
  • b. Personal pickup of Goods at the Partner's premises where the User placed the order.

6.2 The delivery cost is displayed to the User in Svaggy during the order. The courier delivery cost depends on the distance between the Partner's premises and the delivery address specified in the order.

6.3 An approximate delivery time for the Goods to the address specified in the order will be displayed to the User in Svaggy and in the order confirmation email. If the User chooses to pick up the Goods at the Partner's premises, an approximate time when the Goods will be ready for pickup will be displayed to the User in Svaggy and in the order confirmation email. The User acknowledges that the delivery time of the Goods/pickup of the Goods is only indicative, and the exact delivery time may vary depending on circumstances such as order size, Partner's workload, time of day, or weather conditions.

6.4 In the case of courier delivery to the address specified by the User in the order, the User will be contacted by the courier to receive the Goods at the telephone number provided in the order. The User or their authorized representative is obligated to receive the Goods from the courier at the agreed-upon time and location specified in the order.

6.5 If the User or their representative does not appear at the agreed-upon time and delivery location after the courier has contacted them by phone, the courier will wait for 4 minutes at the agreed-upon delivery location. Afterward, the courier will attempt to contact the User again. If the User or their representative does not arrive at the delivery location to receive the Goods within another 4 minutes, the courier will leave the delivery location without handing over the Goods to the User. In case the User fails to receive the Goods according to this article of the Terms, the Operator and/or Partner are entitled to cancel the order. In the event of order cancellation according to this article of the terms and conditions, the Operator and Partner are entitled to charge the User the costs of preparing the Goods and delivering the Goods to the User, equivalent to the purchase price, along with related fees. The Operator and Partner are authorized to offset these costs against the funds paid by the User.

6.6 In the case of personal pickup of Goods at the Partner's establishment, the User or their authorized representative is required to pick up the Goods at the agreed-upon time. If the User or their representative does not pick up the Goods within 30 minutes of the agreed-upon pickup time, the Operator and/or Partner are entitled to cancel the order. In case of order cancellation according to this article of the Terms, the Operator and Partner are entitled to charge the User the costs of preparing the Goods, equivalent to the purchase price, along with related fees. The Operator and Partner are authorized to offset these costs against the funds paid by the User.

6.7 If the User is delivered Goods subject to legal restrictions on their purchase (e.g., alcohol, tobacco products) (hereinafter "Restricted Goods"), the courier and Partner are entitled to request the presentation of a valid ID for verification to ensure that the User meets the conditions for the delivery of Restricted Goods. If the User does not meet the conditions for purchasing Restricted Goods or refuses to present a valid ID to the courier or otherwise prove compliance with the conditions for purchasing Restricted Goods, the courier will not hand over the Restricted Goods to the User. In such a case, the Partner and Operator are authorized to charge the User the costs associated with preparing the Restricted Goods and delivering them in an amount corresponding to the purchase price of the Restricted Goods. The Operator and Partner are authorized to offset these costs against the funds paid by the User.

6.8 The provisions of Articles 6.5, 6.6, and 6.7 of these Terms do not affect the User's right to withdraw from the Purchase Agreement in accordance with Article 7 of these Terms.

6.9 The User acquires ownership of the Goods by paying the full purchase price for the Goods, including the costs of delivering the Goods and related fees, but no earlier than by taking possession of the Goods. The User assumes responsibility for accidental damage, destruction, or loss of the Goods at the moment of taking possession of the Goods or the moment when the User was obliged to take possession of the Goods in accordance with the Purchase Agreement but failed to do so in breach of the Purchase agreement or if he did so with a delay resulting in a deterioration of the quality of the Goods.

Article 7

Withdrawal from the PurchaseAgreement

7.1 The User, who concludes a Purchase Agreement outside his business activities as a consumer, has the right to withdraw from the Purchase Agreement in accordance with the provisions of § 1829 and subsequent of the Civil Code.

7.2 The withdrawal period from the Purchase agreement is 14 days from the day the User or his authorized representative, other than the courier, takes possession of the Goods, or the last piece of Goods if the User orders multiple pieces of Goods delivered separately, or the last item or part of the delivery of Goods consisting of several items or parts, or the first delivery of Goods if regular delivery of Goods for a agreed period is stipulated in the contract.

7.3 The User cannot withdraw from the Purchase agreement, the subject of which is:

  • a. Delivery of Goods prepared according to the User's requirements or adapted to his personal needs,
  • b. Delivery of Goods that are perishable or have a short shelf life, as well as Goods that have been irreversibly mixed with other Goods after delivery due to their nature,
  • c. Delivery of Goods in sealed packaging that is not suitable for return for health or hygiene reasons, once the User has opened it.

7.4 To comply with the withdrawal period from the Purchase Agreement, it is sufficient to send the withdrawal from the Purchase Agreement before the relevant deadline expires.

7.5 The User may withdraw from the Purchase Agreement by any unequivocal statement made to the Operator and Partner. The User may use the model withdrawal form the contract provided by the Operator to withdraw from the contract. The User will send the withdrawal from the Purchase agreement to the email or delivery address of the Operator and Partner stated in Svaggy. The Operator and Partner will confirm to the User the immediate receipt of the withdrawal from the Purchase agreement.

7.6 The User who has withdrawn from the Purchase agreement is obliged to return the Goods to the Partner without undue delay, no later than 14 days from the withdrawal from the Purchase Agreement. This period is maintained if the User sends the Goods before its expiration. The User bears the costs associated with returning the Goods to the Partner, even if the Goods cannot be returned by regular mail. If the User has chosen a method of delivering the Goods other than the cheapest one offered by the Operator and Partner, the Operator will refund the User the cost of delivering the Goods in the amount corresponding to the cheapest offered method of delivering the Goods.

7.7 If the User withdraws from the Purchase Agreement, the Operator will refund all funds, including delivery costs, received from the User based on the Purchase Agreement, without undue delay, but no later than 14 days from the withdrawal from the Purchase Agreement, in the same manner. The Operator will only refund the received funds to the User by another method if the User has agreed to it and if it does not result in additional costs for the User.

7.8 If the User withdraws from the Purchase Agreement, the Operator is not obligated to refund the received funds to the User before the User hands over the Goods to the Operator or proves that the User has sent the Goods to the Partner, whichever occurs earlier.

7.9 The User is obliged to return the Goods undamaged, clean, and, if possible, in the original packaging. The User is responsible for any reduction in the value of the Goods resulting from handling the Goods differently than necessary to familiarize oneself with the nature and characteristics of the Goods. The Operator and Partner are entitled to unilaterally set off the claim for compensation for damages against the User's claim for a refund of the purchase price.

Article 8

Complaints and Rights from Defective Performance

8.1 The rights and obligations of the contractual parties regarding rights from defective performance are governed by the relevant mandatory legal regulations (especially the provisions of § 1914 to 1925, § 2099 to 2117, and § 2161 to 2174 of the Civil Code) and Act No. 634/1992 Coll., on Consumer Protection. The Partner is exclusively responsible for the quality of the Goods.

8.2 Upon taking over the Goods, the User is obliged to inspect the Goods. If the User finds that the delivered Goods are defective (missing Goods, poor quality Goods, etc.), the User is obliged to contact the Operator to investigate the legitimacy of the complaint and its resolution.

8.3 In the complaint, the User will state what defect the Goods have and how the User wishes the complaint to be resolved. The User may be asked to provide photographs of the defective Goods to properly investigate the complaint.

8.4 The User is not entitled to rights from defective performance if the defect was caused by the User.

8.5 If the Goods have a defect, the User may request its removal. The User may, at their discretion, request the delivery of new defect-free Goods or the repair of the Goods, unless the chosen method of defect removal is impossible or disproportionately costly compared to another method. The Partner and Operator may refuse to remedy the defect if it is impossible or disproportionately costly considering the significance of the defect and the value that the Goods without defects would have. The User may request a reasonable price reduction or withdraw from the Purchase agreement if:

  • a. The Partner refused to remedy the defect or did not remedy it in accordance with § 2170 para. 1 and 2 of the Civil Code,
  • b. The defect recurs,
  • c. The defect is a material breach of the Purchase agreement, or
  • d. It is evident from the Partner's statement or circumstances that the defect will not be rectified within a reasonable time or without significant difficulties for the User.

8.6 The User cannot withdraw from the Purchase agreement if the defect in the Goods is insignificant.

8.7 If the User's complaint is resolved by providing a discount on the purchase price or by refunding the entire purchase price (in the case of withdrawal from the Purchase agreement), the User expressly agrees that the entire purchase price or its part will be refunded to them in the form of credits on a special wallet in the user's account within Svaggy. The User can subsequently use these credits for further purchases through Svaggy.

8.8 The User, who has the right from defective performance, is also entitled to reimbursement of costs reasonably incurred in asserting this right. However, if the right to reimbursement is not asserted within one month after the expiration of the period in which the defect should be asserted, the court will not recognize the right to reimbursement if the Partner objects that the right to reimbursement was not asserted in a timely manner.

Article 9

Terms of Use of Svaggy

9.1 When using Svaggy, the User must not employ procedures that could have a negative impact on the operation of Svaggy. The User must not engage in any activity that could allow them or third parties to interfere or use the software or other components constituting Svaggy without authorization, and must not use Svaggy or its parts or software in a manner contrary to its purpose or intent.

9.2 The User acknowledges that Svaggy is a copyrighted work within the meaning of Act No. 121/2000 Coll., on Copyright, Rights Related to Copyright and on the Amendment of Certain Acts (Copyright Act), and is protected by copyright. The User undertakes not to engage in any activity that could allow them or third parties to use Svaggy without authorization.

9.3 The User must not, in any way, copy, reproduce, or duplicate Svaggy or its parts and distribute duplicates of Svaggy or its parts.

9.4 The User must not modify the source code of Svaggy in any way, perform reverse engineering, recompile, convert the source code of Svaggy, or access the source code of Svaggy or allow access to the source code of Svaggy to a third party.

9.5 The User must not imitate Svaggy or its parts and functionalities in any way.

9.6 The Operator is not responsible for errors caused by the interference of third parties with Svaggy or its use in violation of its purpose.

9.7 The User is obliged to observe rules of good conduct when using Svaggy, not to behave offensively towards the employees of the Partner, Operator, and couriers. The User must not publish content that is offensive, vulgar, threatening, defamatory, derogatory, or otherwise objectionable. In case the User publishes such content, the Operator is entitled to delete this objectionable content.

Article 10

Delivery of documents

10.1 The contractual parties can deliver all written correspondence to each other via electronic mail.

10.2 The User delivers correspondence to the Operator and Partner to the email address specified in these terms and conditions and within Svaggy. The Operator and Partner deliver correspondence to the User at the email address specified in their user account.

Article 11

Other Provisions

11.1 Detailed information on the processing of personal data is provided in the Privacy Policy.

11.2 The Czech Trade Inspection Authority, with its registered office at Štěpánská 796/44, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for out-of-court resolution of consumer disputes arising from the Purchase Agreement. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the User, Operator, and Partner.

11.3 The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer online dispute resolution).

11.4 Partners and the Operator are authorized to conduct business based on a trade license. The Czech Trade Inspection Authority, within its scope of competence, performs, among other things, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection.

11.5 Users can provide user reviews for individual Partners within Svaggy. The Operator has taken measures to verify that the review is given only by a User who has ordered Goods from the Partner. These measures consist of the fact that the review can only be given exclusively to the premises of the Partner where the User ordered the Goods, and only within 2 days of the Goods being delivered.

11.6 The User hereby assumes the risk of changes in circumstances within the meaning of § 1765 para. 2 of the Civil Code. The User is not authorized to assign the Purchase Agreement or the rights and obligations arising from it to a third party.

11.7 The Purchase Agreement, including the Terms, is archived in electronic form and is not accessible.

11.8 Complaints regarding the Partner's offer, Goods, and the fulfillment of the Purchase Agreement must be addressed directly by the User to the Partner. Contact details for the Partner are provided in the Partner's offer within Svaggy.

11.9 For complaints related to the functioning of Svaggy, the User can contact the Operator through the contact information provided in these Terms.

Article 12

Final Provisions

12.1 All agreements between the User, Operator, and Partner are governed by the legal system of the Czech Republic. If the relationship established by the Purchase Agreement contains an international element, the parties agree that the relationship is governed by the laws of the Czech Republic. This does not affect the rights of the consumer arising from generally binding legal regulations.

12.2 Provisions of the Civil Code concerning consumer protection and the Consumer Protection Act do not apply to persons who use Svaggy as entrepreneurs. If the User provides their identification number in the order, it is considered that they are acting within the scope of their business activities and are aware that the applicable legal regulations concerning consumer protection do not apply to their order. For the purposes of these terms and conditions, a person is considered an entrepreneur under the conditions specified by the Civil Code, which includes anyone who concludes contracts related to their own business, manufacturing, or similar activity, or in the independent performance of their profession, or a person acting on behalf or for the account of the Entrepreneur. For the purposes of these terms and conditions, an entrepreneur is someone who acts in accordance with the preceding sentence within the scope of their business activities.

12.3 If any provision of these Terms is found to be invalid, ineffective, illegal, or unenforceable, the remaining provisions shall remain valid and enforceable. The invalidity or ineffectiveness of any provision of the terms and conditions does not affect the validity and effectiveness of the other provisions of the terms and conditions.

12.4 These Terms come into effect on 6th June 2024.