owned by Tesco Stores ČR a.s., with its registered seat at Vršovická 1527/68b, Prague 10 Vršovice 100 00, Company Identification No.: 45308314, incorporated in the Commercial Register maintained by the Municipal Court in Prague, Section B, Inset 1377 (hereinafter referred to as "Tesco").
These Business Terms and Conditions (hereinafter the “BTC”) set the rights and obligations for using the service Groceries online, available by means of www.itesco.cz/potravinyonline/ (hereinafter referred to as "Service"). The provisions of these BTC are an integral part of the purchase contract.
The Tesco company presents goods on its website www.itesco.cz/potravinyonline/ (hereinafter the “Website”) that any customer can order and purchase by means of the Service. The goods including prices displayed on the Website are related to a reference Tesco store and to an unregistered user; and only at the moment of proper registration the registered user is offered the goods at the prices currently valid by 11.00 pm on the same day in the premises assigned to the user, which is a proposal to conclude a contract by Tesco.
The service is dedicated exclusively to individuals and households. The Service may be used solely by a natural person older than 18 years of age who agrees with the BTC, gives consent with its personal data processing and registers at www.itesco.cz/potravinyonline/ (hereinafter referred to as the "Customer"). A legal person or a natural person–entrepreneur may not become a customer; between a person under 18 years of age, a legal entity, or a natural person - entrepreneur and Tesco, the purchase contract shall be deemed as not concluded in the context of e- commerce. A fee is charged for the service.
By completing the registration form on the Website, the Customer will have access to his user account (hereinafter referred to as “User Account”). Customer may order goods from its User account.
During the Customer's registration on the Website and ordering of goods, the Customer is obliged to provide exact, precise and true details. The Customer may register for the Service only once, based on the first successfully completed registration.
In the event of a change of the Customer's details, it is obliged to report such a change without delay, either by means of a customer help line or by changing the details directly in its User account. The data provided by the Customer in the User Account and when ordering goods are considered by Tesco as correct. In order to cancel the registration, the Customer shall contact the help line.
Customer acknowledges that the User Account may not be available at all times, especially with respect to the necessary maintenance of Tesco hardware and software.
A Customer registered in the Tesco Clubcard loyalty programme may state the number of his/her Clubcard during registration on the Website. At the time of payment for received goods, the Customer's Clubcard account shall be credited by the number of points corresponding with the price of received goods valid at the time of delivery. Should the Customer not accept some of the goods in accordance with the BTC, or should it return the goods in the specified period, its Clubcard shall be debited by the number of points corresponding with price of returned goods valid at the time of delivery.
Tesco may suspend or cancel the registration of a Customer immediately if there is a reasonable assumption that the Customer breaches these BTC, legal regulations, abuses the Service, tamper with the structure of the Tesco website or endanger its functioning. Registration also terminates upon termination of the Service by Tesco. The termination or cancellation of registration does not affect those provisions of the BTC which, by their nature, persist.
During the registration process the Customer creates a password to its User account. The Customer is obliged to keep its password confidential and not to share it with other people. The Customer is fully liable for all actions performed on behalf of its account. The Customer is obliged to inform Tesco without delay of any suspicion of abuse or confidentiality breach of its password to a third party. Tesco accepts no liability to the Customer for damage caused by disclosure or abuse of its password.
The owner and operator of the Website is the company Tesco that may exercise property rights to the Website in accordance with Act No. 121/2000 Coll., on Copyright and Rights Related to Copyright, as amended. Tesco possesses all copyright to its own content, including Website visualisation and design, all displays on this Website as well as a database on the Website of the Service.
Any person visiting the Website is the user of this Website (hereinafter the "User") and is obliged to comply with applicable legal regulations and with good manners and these BTC and not to cause harm to reputation and rights of Tesco or to other Users.
In particular, the User agrees not to:
Tesco may delete harmful content from the Website and require and demand that the User who caused damage to Tesco by the abuse of the Service settle the damage in full. Damage is deemed to be any kind of damage caused to Tesco, to another company of the Tesco group or damage claimed to Tesco by third parties that were caused damage by the abuse of the Service.
Tesco's maximum effort is to improve the quality of the Service. Nevertheless, with respect to technical aspects of the Service, Tesco may not guarantee to the Customer a hundred-percent availability and trouble-free operation of the Service. Should a technical error appear, the Customer may report such error to the customer help line, and Tesco shall attempt to eliminate such error without delay.
Tesco reserves the right to restrict access of Users to the Website for a time necessary to perform repairs, maintenance or system upgrade or implementation of new system elements.
Customer agrees that Tesco is not liable for:
All presentations of the goods placed on the Website are only informative and Tesco is not obliged to conclude a purchase contract regarding these goods. The availability of the goods presented on the Website is bound to stock availability and Tesco does not guarantee its availability.
Only individuals and households are authorized to conclude a purchase contract. The service is not intended for the purchase of goods for business purposes. For this reason, Tesco reserves the right to reject a Customer's order if it is clear under all circumstances that it is not a household or individual order.
The Customer will order the goods that Tesco offers on the Website through the Service. The Purchase contract between Tesco and the Customer is concluded at the moment when Tesco electronically confirms the Customer's order to its email address given at registration.
If the goods ordered by the Customer are not available, Tesco will propose to the Customer, by sending an electronic delivery note, a change in the content of the Purchase Contract - offering the Customer the goods that most closely match the Customer's order by their character and price. Upon delivery, these substituted products will be separated from the other goods ordered by the Customer and the Customer is entitled to refuse these products in whole or in part. Tesco accepts such Customer's proposal to change the purchase contract without further reservations. The Customer also has the right to proceed in accordance with Article X of these BTC (withdrawal from the contract).
The Customer who provided details of his / her credit card for online payment in advance will not be deducted from the credit / debit card.
The Customer agrees to use the means of distance communication when concluding the purchase contract. Expenses used for distant communication in order to submit a Customer's order does not vary from the basic rate, i.e. the price charged by the Customer's operator for data connection. Tesco does not charge any additional fee.
Tesco highlights that the price of the goods available on the Website is valid on the day of placing the order until 11.00pm on the same day. Because of the time gap between the order and its delivery, the price of some items at the time of delivery may differ from the price shown on the Website at the time of ordering (the price of the goods may be both increased or decreased).
If Tesco proposes the change of the purchase contract to the Customer, i.e. the price of the goods is different from the value stated in the Customer's order confirmed by Tesco, the Customer has full right to cancel the entire order immediately after delivery of the electronic delivery note via the customer help line. Furthermore, the Customer has the right to propose a change in the purchase contract to Tesco upon delivery of the ordered goods by rejecting some and / or all of the ordered items and Tesco accepts the Customer's proposal to change the purchase contract without any reservation. The Customer also has the right to proceed in accordance with Article X hereof (withdrawal from the contract).
In the event of an order for weighed goods, Tesco reserves the right to deliver goods with a reasonable weight deviation.
If the Customer orders a number of pieces instead of a specific weight, and the price of such goods is determined by a unit of measure, Tesco shall deliver the required number of pieces. The price shall be determined according to the weight of ordered number of pieces of such goods.
The prices of goods in returnable packaging also include this pre-paid packaging. Information about the pre-paid amount is stated with the specific product. The Customer may return the returnable packaging and receive the pre-paid money back during the working hours of Tesco hypermarket. Returnable packaging may not be returned directly to the shipment driver and the voucher for returnable bottle packaging may not be used by means of the Service.
All prices are provided including the VAT.
The fee for the Service is not included in the price of goods. The amount of Service fee is dependent on the required time of delivery. Information on Service price or eventually free delivery shall be available to the Customer at the time of submitting individual requirements of the order to the Website application.
If the total value of the goods at the time of placing the order does not exceed 700.- CZK (Seven hundred CZK) a Minimum basket charge, 80 CZK (Eighty CZK) will be charged. If the total value of the goods at the time of placing the order is higher than the stated amount, the handling fee will not be charged.
The Customer may pay the price of the goods and the costs associated with the delivery of the goods as follows:
In order to decrease the risk of unauthorised access in on-line payment or access to the Customer's payment card details, these details shall be encrypted. If the Customer intends to pay online, the authorisation of the payment card (submitting of payment card details) must be performed at the time of order submission at the Website.
Full authorisation of the Customer's bank card shall be done, and a request for releasing the full amount corresponding to the price of goods received by the Customer shall be sent to the Customer's bank only on the day of delivery of goods.
The Customer acknowledges that if it intends to pay for the goods online by payment card, in order to verify the validity of payment card, Tesco may block an amount of CZK 10.00 from the Customer's bank account during the process of pre-authorisation. Full authorisation of the Customer's payment card shall be done, and a request for releasing the full amount corresponding to the price of goods received by the Customer shall be sent to the Customer's bank only on the day of delivery of goods demanded by the Customer. The blocked amount of CZK 10.00 shall be released from blocking.
If the Customer intends to pay for the goods by payment card online, it is obliged to activate online payment service by payment card prior to submitting the order into the Service application, unless such payment option has already been activated. Prior to realising the order, the Customer is obliged to verify whether the validity of its payment card shall not expire before the delivery date of the demanded goods. Should the Customer's payment card be invalid on the delivery date, the goods shall not be delivered by Tesco.
In compliance with Section 28 (1) of Act No. 235/2004 Coll., the Value Added Tax, Tesco does not issue any invoices. Tesco will send the Customer a delivery note in an electronic form to the registered e-mail address and the Customer will receive it in paper form upon receipt of the goods. Contract (or amendment to the Contract), respectively the delivery note confirmed by the Customer is also stored in the Tesco archive and will be provided to the Customer upon request.
Pursuant to the Electronic Records of Sales Act, the seller is obligated to issue a receipt to the buyer. At the same time, the seller is obligated to file received revenues with the tax administrator online; in the case of a technical failure, no later than within 48 hours.
The availability of goods at the Website is bound to stock availability and Tesco does not guarantee its availability. In order to ensure the goods' availability to the maximum number of customers, Tesco may determine a maximum limit of order of the individual items per Customer. In this way the right of Tesco not to deliver goods or to reasonably restrict the demanded pieces, in the event of an individual demand for a too high amount of one kind of goods, is not affected. The determination of a too high amount of goods is always up to reasonable consideration of Tesco, with respect to the prices of goods, kind, stock, transport options etc. The Customer shall always be informed of the non-delivery of an over-limit demand, or of its restriction by Tesco.
The country of origin of the fruit and vegetables and the specific type of product - Roll 43g, Bread roll 50g, Bread - shall be provided to the Customer at the time of goods' delivery, before concluding a purchase contract, by means of a valid fruit and vegetables offer at the business premises that deals with the Customer's order on the day of delivery of the ordered goods. Up-to-date information may also be obtained at our information line, Tel. 800 222 555, option 2. The ingredients, allergens as well as the manufacturer of other goods are available directly in the description of each product on the web.
The Customer submits its order by means of application at the Website. A change of order is only possible by means of the User account or by means of a customer help line. Cancellation or change of order may be accepted by Tesco only if it is submitted by 11 p.m. on the day proceeding the day of delivery.
Furthermore, the Customer has the right to cancel the entire order immediately after the receipt of the electronic delivery note via the customer help line.
When ordering the goods at the Website, the Customer submits its address of delivery for the ordered goods within the Czech Republic. The goods are delivered to the main building entrance of the address that was stated as a delivery place in the Customer's order
The Customer may request a delivery to a specific floor or directly to its flat by the means of the Website. In such case, Tesco represented by the delivering driver, shall make a reasonably expectable effort to deliver the goods into a requested place, however, the following prerequisites must be met:
Tesco makes every effort to deliver the goods within the required time, however, it does not accept liability for failure to deliver in time if such failure was caused by circumstances that with regards to all circumstances could not have been influenced by Tesco without investing unreasonably.
The goods in the place of delivery may only be received by a person older than 18 years of age. Tesco is entitled to verify the age of the Customer, in particular in connection with the sale of alcoholic products, by consulting the Customer's identity card. If Customer's age is not proved, Tesco will not deliver the goods unless the goods are handed over to a person who meets the above conditions.
An ineffective delivery does not mean that Tesco shall not require and enforce the payment for Service provision. If the Customer requires a repeated delivery, it acknowledges that it may be charged a repeated fee by Tesco for the provision of the Service.
The goods are delivered on any day of the week including Saturdays and Sundays from 8.00 a.m. to 10 p.m. Tesco does not deliver goods on January 1, on Easter Monday, May 8, Sept. 28, Oct. 28, Dec. 24, Dec. 25 and Dec. 26. After previous notice published on the website of the company Tesco reserves the right to determine other days in which your goods will not be delivered, in addition to the dates referred to in the previous sentence.
In case of submitting your order, Customer may choose from two options regarding method of hand over of the goods:
The Customer may withdraw from the purchase contract without providing a reason, within 14 days from the receipt of the goods. The withdrawal is possible also for partial items of the purchase. In order to avoid any doubts, it is not possible to withdraw from the contract for:
When returning goods, the Customer is only liable for its decrease in value as a consequence of handling the goods by another manner than the manner necessary in order to learn the character and features of the goods including their function.
The Customer may withdraw from the contract by means of filling in a template form for withdrawal from the contract available here , which the Customer sends to Tesco's registered office.
If the Customer withdraws from the contract, it shall send the goods received from Tesco, at its own expense, to Tesco's registered office or it shall hand the goods over to any Tesco store (considering the assortment of the store) without delay and no later than within fourteen days since withdrawal from the contract. The Customer returns the goods complete, i.e. including all supplied accessories with complete documentation, undamaged and clean.
If the Customer withdraws from the contract, Tesco shall refund all money received from the Customer under the purchase contract including shipment expenses to the Customer, without delay, no later than within fourteen days from the withdrawal, and in the same manner that the funds had been received. Tesco is not obliged to refund money sooner than it has received the goods from the Customer or a confirmation that the goods have been sent out.
Unless after returning goods at a Tesco store the Customer decides to exchange the goods for some other goods, he may be refunded cash for the returned goods for Customer´s request.
To eliminate all doubts and uncertainty, the Customer acknowledges that in the event of returning goods under this Article, the decisive price is the one that the Customer had paid at the time of delivery of the returned goods. The Customer also acknowledges that his Clubcard shall be debited by the relevant number of points. By the provisions of this Article, the provisions of the BTC regulating failure to receive goods for reasons different than the price or for the reason of sending replacement goods for non-available goods, are not affected. At the same time, no rights and obligations of the Customer arising out of the generally binding legal regulations or out of the BTC related to exercising Customer's rights of the liability for defects of the goods (claims for defective goods) are not affected.
Tesco Potraviny on-line
Tesco recommends to the Customer not to accept goods which are damaged upon delivery. If any defects of goods appear after the acceptance of goods, the Customer may claim the defective goods at any Tesco store with respect to its assortment, or by mail to the address of Tesco registered office. Unless otherwise provided in the BTC, the provisions of claims and Warranty Guidelines are applicable.
Description and Conditions of "Click and Pick-up" Service
The "Click and Pick-up" Service is an additional service to the Service. The "Click and Pick-up" Service allows Customers to pick up goods ordered by means of the Service in person at a Collection Point. The Service Customer may therefore choose between a delivery of goods by Tesco to its required destination or picking-up the goods in person. The use of the "Click and Pick-up" Service is subject to its availability to the Customer. The "Click and Pick-up" Service is available only to such Customers who, according to their registration place, belong to individual areas of the Czech Republic where the Service is available. Information on the availability of the "Click and Pick-up" Service shall be available to the Customer at the time of submitting individual requirements of the order to the Service application. The collection points for these purposes are HM Mladá Boleslav, Kosmonosy 1255 (crossroads of streets Havlíčkova and Duhová), the petrol station of Tesco Praha Letňany, Veselská 663, HM Brno Královo Pole, Cimburkova 4, Fakultní Nemocnice Bory, Edvarda Beneše 1128/13, Plzeň-Bory a Fakultní Nemocnice Lochotín, alej Svobody 80, PlzeňLochotín. The Collection Point is visibly marked by the logo "Click and Pick-up" Service. Information on Service price upon using the "Click and Pick-up" Service shall be available to the Customer at the time of submitting individual requirements of the order to the Service application.
Goods Reception at Collection Points
The goods at Collection Points may only be received by a person older than 18 years of age that has submitted the order and provides the collection point worker with an order number. It is not possible to hand the goods to the Customer without providing an order number. Should the collection point worker have doubts of the authorisation of the person receiving the delivered goods, the driver may require a proof of identity to prove the person's age and identity. If it is not proven that the person is authorised, Tesco shall not deliver the goods. If, out of reasons not affectable by Tesco, the goods ordered by the Customer are not available, Tesco shall propose to the Customer a change of a purchase contract by offering him the goods that mostly correspond with Customer's order by their character and price. During the delivery, the substituted products shall be separated from other ordered goods by the Customer, and the Customer may accept the substituted products partially or refuse to accept them and Tesco accepts such a change to the purchase contract without any reservation. If the Customer has not provided its bank details prior to the delivery, the amount of not received goods shall not be debited from its payment card.
Electronic voucher (hereinafter the "e-voucher" or "discount code") is an alphanumeric code delivered to the Customer by means of electronic mail, SMS or received by the Customer by means of a different manner (e.g. a click on an advertising banner). The e-voucher entitles the Customer to a discount from the total price of purchase made by means of the Service. The use of the e-voucher is regulated by the BTC of the Service and by conditions connected to the e-voucher and expressed to the Customer. The use of the e-voucher may be bound upon the Customer meeting conditions e.g. to reach a purchase price determined in advance, registration to the Service within a time framework and so on. The e-voucher is non-transferable, it may not be exchanged for cash and it does not entitle the Customer to a right for other performance than performance connected with the e-voucher. The validity of the e-voucher is timerestricted. After the time limit expiration of the e-voucher, there is no more entitlement to a discount. The Customer may submit the discount code into the Service application after finishing its order. Supposing the Customer has met all conditions required in order to get a discount connected to the e-voucher, the total expected purchase price is generated to the Customer by deducting the discounted amount (including the fee for the Service). Unless otherwise provided in a specific case, only one e-voucher may be used within one order submitted by means of the web or mobile Service application, and the specific e-voucher may only be used once.It is believed that by using the e-voucher the Customer agrees with the terms and conditions of its usage. If at the time of goods' delivery a purchase contract between Tesco and the Customer is concluded for a purchase price lower than the conditions for using the e-voucher, the entitlement to a discount connected to the e-voucher shall be terminated, and the Customer shall be charged the purchase price in full. Tesco accepts no liability for a possible misuse of an e-voucher, its unavailability due to technical problems or due to the e-voucher being stolen from the Customer. The Customer is fully liable for consequences arising out of the misuse of the e-voucher or its sharing with other persons. The e-voucher for free transport is not valid for the "Click and Pickup" Service. For the purposes of Clubcard points determination that the Customer is entitled to, the decisive price is the discounted purchase price.
Excluded goods and / or services
Some products and / or services are excluded from E-coupon bids. You can not use E-coupons tobacco products, tobacco products, infant food and prescription medicines (so-called excluded products). Tesco reserves the right to identify other products and / or services that may be excluded. Any such excluded goods and / or services will be notified on an E-coupon or will be published on the website. The excluded goods and / or service will not be counted in the purchased shopping list or purchase and will therefore not be subject to any discounts.
Providing of electronic communication by Tesco Mobile is regulated by General Business Terms and Conditions available on www.tescomobile.cz/podpora/vseobecne-podminky.
In the event of contradiction between the Czech and English version of the BTC or the content of the Website the prevailing version is Czech. Should any of the provisions of the BTC be found invalid by a respective court, the invalidity of such provision shall not affect the validity of the other provisions of the BTC, which remain valid and effective. If Tesco does not exercise its rights arising in the event of an individual or repeated breach to BTC, this shall not be considered a waiver of rights of Tesco and it shall not affect Tesco's rights to enforce the performance in any way.
Tesco reserves the right to change the BTC. New terms and conditions are effective on the date of their publishing on www.itesco.cz; an archive of previously valid BTC is available to the Customer on this website. When ordering goods by means of the Service, the Customer is deemed to agree with the new terms and conditions.
These BTC as well as all commitments arising out of the Service usage are regulated by Czech legal order. Solution of possible disputes is fully within the jurisdiction of the court of the Czech Republic that has territorial jurisdiction according to the seat of Tesco. In the event of dissatisfaction, the Customer may contact Tesco by means of customer support contacts or contact a state supervision body, e.g. Czech Trade Inspection.
Out-of-court resolution of consumer disputes is a system that enables an alternative procedure in resolving disputes between consumers and entrepreneurs, outside traditional judicial proceedings. In the event of dissatisfaction, the customer may file a complaint with an out-of-court dispute resolution body, which in this case is the Czech Trade Inspection Authority, as the competent authority of state supervision. The Czech Trade Inspection Authority has the necessary information about an alternative procedure that can be used by the customer to resolve the dispute. For more information about out-of-court resolution of consumer disputes, please visit the Czech Trade Inspection Authority’s website at www.coi.cz.
|Customer help line::||+ 420 800222555|
|These Business Terms and Conditions become effective on 11th November 2019|
|In Prague, on 11th November 2019|
|Terms and Conditions valid before 10th November 2019 are available here.|