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General Terms and Conditions

Introductory Provisions

  • These General Terms and Conditions govern the relationship between Noi Italia s.r.o. (hereinafter referred to as the “Website Operator”) and you as the purchaser of gift baskets, wine boxes, Italian products or gift vouchers (hereinafter referred to as the “Goods”), or, where applicable, the recipient of the Goods if the purchaser and recipient are different persons. If you have any questions regarding the text below, please do not hesitate to contact us by telephone at +420 220 876 430 or by e-mail at info@noi-italia.cz.

  • These General Terms and Conditions (hereinafter referred to as the “GTC”) apply to all Goods and services provided by the Website Operator.

  • These GTC are valid and effective as of 31 March 2022.

I. General Provisions

Noi Italia s.r.o., with its registered office at Kubova 2/535, 186 00 Prague 8, Company ID No.: 27067475, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File No. 93853 (hereinafter referred to as “NOI”), is the seller of gift baskets, wine boxes, Italian products and gift vouchers (hereinafter referred to as the “Goods”).

These General Terms and Conditions (hereinafter referred to as the “GTC”) govern contractual relationships and define the rights and obligations between NOI as the seller and the purchaser, or, where applicable, a third party for whose benefit the Goods have been ordered. All such contractual relationships shall be governed by the generally binding laws and regulations of the Czech Republic and by these General Terms and Conditions.

II. Definitions

Seller (NOI) – a person who, when entering into and performing a contract, acts within the scope of their commercial or other business activities.

Purchaser – (i) the purchaser may be a consumer, i.e. a person who, when entering into and performing a contract, does not act within the scope of their commercial or other business activities; this is a natural or legal person purchasing the Goods for a purpose other than conducting business involving such Goods; (ii) the purchaser may also be an entrepreneur purchasing the Goods for the purposes of their business activities involving such Goods.

Recipient of the Goods – either the purchaser directly or a third party for whose benefit the contract was concluded and who has expressed consent to it, or a third party to whom the purchaser has assigned their rights and obligations under the contract.

Conclusion of the Contract – the purchaser's order constitutes an offer to enter into a contract, and the contract itself is concluded at the moment the purchaser receives the seller's binding acceptance of such offer. From that moment, mutual rights and obligations arise between the seller and the purchaser. If the contract is concluded for the benefit of a third party, such third party becomes entitled under the contract only when they express their consent to it. Until the third party expresses such consent, the contract produces effects only between the contracting parties who entered into it; until that time, the contracting party who stipulated performance for the benefit of the third party is entitled to such performance. The same applies if the third party refuses to provide consent.

Goods – gift baskets, wine boxes, Italian products and gift vouchers offered by the seller on the seller's website at www.noi-italia.cz/shop. The contents of each basket are specified in the relevant product description. The appearance of the baskets and the appearance or presentation of the individual products may vary; photographs are for illustrative purposes only.

III. Ordering Goods

  • The purchaser orders Goods via the seller's website at www.noi-italia.cz/shop. The purchaser's order constitutes an offer to enter into a contract, and the contract itself is concluded upon delivery to the purchaser of the seller's binding acceptance of such offer (confirmation of the order by the seller together with the final price calculation for the requested order).

  • By submitting an order (i.e. an offer to enter into a contract), the purchaser confirms that they have read these General Terms and Conditions and fully and unconditionally agree to them. These General Terms and Conditions form an integral part of the concluded contract.

  • By submitting an order (i.e. an offer to enter into a contract), the purchaser confirms that all information provided in the order is true and accurate. The seller shall not be liable for failure to deliver the Goods to the purchaser where such failure results from incorrect information provided by the purchaser.

  • The contract shall be concluded in the Czech language unless otherwise agreed by the contracting parties. These General Terms and Conditions are available on the website www.noi-italia.cz/shop.

  • The purchaser may also purchase the Goods in person at the seller's business premises at Toužimská 767, Business Centre A9, 199 00 Prague 9 – Letňany.

  • The seller reserves the right to replace an unavailable product or ingredient with another product or ingredient of equal or higher price and quality.

  • An unpaid order will be cancelled after five days.

IV. Price and Payment Terms

1. Price of the Goods

The price of the Goods is stated on the seller's website and, depending on the specific contract concluded, is always stated in the order for the Goods. The price includes the applicable rate of VAT.

The price may only be paid using the payment methods offered for the respective Goods at www.noi-italia.cz/shop (i.e. bank transfer, cash on delivery or cash payment upon personal collection). Payments must be made in Czech crowns (CZK).

For orders exceeding CZK 10,000, payment may only be made by online card payment or bank transfer.

2. Delivery Charges

The following delivery costs shall be added to the price of the Goods (see the preceding paragraph):

a) For orders with a total value of up to CZK 3,000, the selected Goods will be delivered within the Czech Republic for a delivery fee of CZK 200.

b) For orders exceeding CZK 3,000, delivery within three business days anywhere in the Czech Republic is free of charge.

If an order is placed on a business day (Monday to Friday), the Goods will be delivered within the City of Prague within two business days and elsewhere in the Czech Republic within three business days, provided that the Goods are in stock.

For larger orders, delivery will take place within 10 days, depending on stock availability.

V. Withdrawal from the Contract

  • A purchaser who is a consumer has the right to withdraw from the contract within 14 days of receiving the performance, provided that the contract was concluded using means of distance communication (the internet), without stating any reason and without any penalty.

  • If the purchaser decides to exercise this right, they must deliver a written notice of withdrawal from the contract to the address of the seller's business premises within 14 days. The notice must include the bank account number to which the purchase price is to be refunded, proof of purchase of the Goods, and the Goods supplied to the purchaser under the contract from which they are withdrawing. The returned Goods must be complete (the gift basket or wooden box including all of its contents), and neither the Goods nor any part thereof may be damaged or used.

  • However, a purchaser who is a consumer may not withdraw from the contract in this manner in the cases specified in Section 53(8) of Act No. 40/1964 Coll., the Civil Code.

  • The seller shall refund the purchase price paid by the purchaser within 30 days of the date on which the purchaser withdrew from the contract, by transfer to the bank account specified by the purchaser.

  • In the event of such withdrawal by the purchaser, the seller shall be entitled to reimbursement of demonstrably incurred costs associated with the conclusion and subsequent withdrawal from the contract, in particular delivery costs, etc.

VI. Warranty and Complaints

  • The seller is obliged to deliver the ordered Goods to the purchaser in accordance with the concluded contract, these General Terms and Conditions and generally binding legal regulations.

  • The purchaser is obliged to inspect the Goods immediately after delivery/receipt and to inform the seller in writing of any defects discovered without undue delay, but no later than the day following the day on which the Goods were received. E-mail shall also be considered a written form of communication.

  • If the purchaser is a consumer, the following shall apply to liability for defects in the Goods: unless the Goods are perishable or used Goods, the seller shall be liable for defects which become apparent as a lack of conformity with the purchase contract after receipt of the Goods during the warranty period. The following warranty periods apply to the individual components of the Goods:

    • 24 months for consumer goods,

    • 8 days for food products,

    • if a use-by period is indicated on the Goods or their packaging in accordance with Act No. 110/1997 Coll., the warranty period shall expire upon expiry of such period.

    Rights arising from liability for defects in perishable Goods must be exercised no later than the day following receipt of the Goods; otherwise, such rights shall lapse.

  • If the purchaser is an entrepreneur purchasing the Goods in connection with their business activities, claims relating to defects in the Goods shall be governed by the relevant provisions of Act No. 513/1991 Coll., the Commercial Code.

  • The seller shall handle the complaint without undue delay and no later than 30 days from the date on which the complaint was duly submitted. If the complaint is rejected, the seller shall provide the purchaser with written reasons for the rejection. For the purposes of the complaints procedure, e-mail shall also be considered a written form of communication.

VII. Personal Data Protection

  • By placing an order in accordance with these GTC, the purchaser consents, pursuant to Section 5(2) et seq. of Act No. 101/2000 Coll., on the Protection of Personal Data, as amended, to the Website Operator processing and collecting the purchaser's personal data to the following extent: first name, surname, place of residence and e-mail address, or any other contact address provided by the purchaser.

  • The seller is entitled to process and collect the personal data provided by the purchaser for the purpose of offering products and services provided or arranged by the Website Operator. The Website Operator is also entitled to process and collect details relating to the purchaser's e-mail address for the purpose of distributing commercial communications pursuant to Act No. 480/2004 Coll., on Certain Information Society Services, as amended.

  • The purchaser is entitled to withdraw their consent to the processing of their personal data pursuant to this Article of the GTC at any time, either in writing or electronically.

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