General Terms and Conditions of Dark Kitchen

Dear customers, we appreciate your interest in our catering services.

Below you will find the General Terms and Conditions (hereinafter referred to as the “Terms & Conditions”) of Dark Kitchen s.r.o., company ID No.: 177 48 500, with its registered office at Tyršova 1832/7, 120 00 Praha (Prague) 2, registered in the Commercial Register kept by the Municipal Court in Prague under file No. C 376005 (hereinafter referred to as “we”, “us”, “our” or “ourselves”). We operate the website www.dark-kitchen.cz through which you, as the customer (hereinafter referred to as “you, “your” or “yourself”), can order catering boxes of our tasty snacks (hereinafter referred to as the “Website”).

You can use our services both as an entrepreneur or company (i.e. if you order our catering for your colleagues, customers or in other connection with your business) and as a consumer (if you order our catering boxes not in connection with your business, employment, in summary, for your personal use). However, please keep in mind that certain parts of the Terms & Conditions may not apply to you, depending on your status. The rules for the two types of customers may differ slightly.

We recommend that you read the Terms & Conditions in their entirety. In the opening section, we have compiled a summary of the key points for your convenience, should you prefer not to read the entire document. You will also find a brief summary at the end of each section hereof. However, this summary is not enforceable, and the remaining text of the Terms & Conditions shall always prevail over the summary

  • The customer is always right. For us, it is not just an empty phrase. We always strive to find a solution that both you and we are happy with.
  • What about the Contract? You enter into a Contract with us via our eshop, the form on our Website, by email or by phone, based on which we will deliver our catering boxes to you.
  • Long-term partnership. We will be delighted if you order our catering boxes regularly for various occasions. As our partner, you can benefit from better prices and delivery terms. The cooperation shall be governed by the Framework Contract that we will conclude with you, and in particular, by Section 6 of the Terms & Conditions.
  • A little caution will take you a long way. Please check the packaging for any damage as soon as you receive our catering boxes. As we have our own delivery service and exercise caution when delivering your purchase order, this happens only in rare cases. But better safe than sorry. If there is a problem, please feel free to address it directly with the courier or email us immediately at info@dark-kitchen.cz.
  • Freshness above all. We always use fresh products for you. The products have a short shelf life (so we recommend eating them within 2 hours of receipt). Therefore, the Contract cannot be cancelled as is the case with other contracts entered into over the Internet.
  • Quick handling of claims. We are committed to resolving all claims as fairly as possible and as quickly as possible. If you wish to make a claim, simply email us at info@dark-kitchen.cz, or direct the claim to the courier who has delivered your purchase order.
  • We guard your personal data with the utmost care. You can read more about how we process your personal data in these Terms & Conditions.
  • If you don't ask, you don't get it. Please feel free to ask any questions or contact us at any time. We always try our best to answer any question you may have:
    Address: Dark Kitchen s.r.o., Tyršova 1832/7, 120 00 Praha (Prague) 2
    Email: info@dark-kitchen.cz
    Telephone: (+420) 725 114 628

The Terms & Conditions contain the following Sections:


  1. Introduction to the Contract and products.

    1. Contract between you and us. The Terms & Conditions are an integral part of the Contract of Sale between us as the seller and you as the purchaser (hereafter referred to as the “Contract”). We shall enter into the Contract based on how you place a purchase order with us (Section 2 of the Terms & Conditions).
    2. Long-term cooperation. If you plan to use our catering services regularly, we may offer you a long-term, more favourable cooperation based on a special Catering Services Framework Contract (hereinafter referred to as the “Framework Contract”). In addition to the Framework Contract, the terms and conditions of long-term cooperation are also governed by Section 6 of this Terms & Conditions.
    3. Catering boxes. Our products are tasty and high-quality snacks prepared for you in convenient catering boxes (hereinafter referred to as the “Boxes”), always made upon your purchase order. Naturally, the Terms & Conditions will also apply to other food products, drinks/beverages and services offered on the Website or agreed upon between you and us in the future.
    4. Current selection. You can always find the current selection of Boxes as well as the current price list on the Website. You may choose from this selection as you please. Please keep in mind that the photographs of the products are for illustrative purposes only, indicating the possible style of serving, and the final products may vary slightly.
    5. Composition of the Boxes and allergens. Information on the composition of individual products and on allergens can be found in the detailed description of individual products on the Website, along with the uniform allergens labelling according to the EU regulations. Concerning allergens, we would like to point out that, despite our best efforts and arrangements, our products may contain traces of other allergens not listed in the detailed description of the products.
    6. Food intolerances. If you are intolerant to any allergens or wish to prepare the products so that they do not contain any allergens, please indicate this in your purchase order at the very latest. Together, we will then discuss whether the products you have requested can be produced in an alternative way. Even products labelled as “gluten-free” and prepared using gluten-free ingredients may contain traces of gluten because they are produced in the same facility as products containing gluten. Therefore, while we take all necessary measures to eliminate allergens, generally, we cannot eliminate traces of allergens. This is particularly true for gluten, sesame and milk.
    7. Cancellation of the Contract due to inability to accommodate intolerances. If we are unable to make allergen-free products, then the Contract becomes null and void retroactively unless we agree on an alternative (in legal terms, this means that you and we have the right to withdraw from the Contract for this reason). Neither we nor you may seek compensation for damages or make any claims on account of cancelling the Contract.
    8. Customised Boxes. If our cooperation is based on a Framework Contract, you can also order customised Boxes or even provide a general concept and let us take over from here. If the ingredients and allergen information for the customised Boxes are not indicated on the Website for individual products, we may, at our discretion, send you the allergen information to your email address in advance, deliver the allergen information with the Boxes or provide the allergen information in person upon pickup or delivery of the Boxes by a courier, unless we agree otherwise.
    9. Storing. While delivering, our Boxes are refrigerated and must be stored in a refrigerator after receipt (unless otherwise indicated on the Box) and consumed quickly. We shall not be liable for the quality of the Boxes if you fail to comply with the storing requirements and instructions (as set out in the Terms & Conditions, on the packaging or in person when you receive the Boxes).
    10. Best before date. We do our best to get our Boxes to you as fresh as possible. This is the only way to set your taste buds tingling. Therefore, eat the products in the Boxes no later than 2 hours after delivery.
    11. Alcoholic offer. We also offer drinks with alcohol. For such products, you will be automatically prompted by a system message to confirm that you are of legal age. By clicking on the "I am over 18 years old" button, you declare that you are a person over the age of 18 and therefore eligible to purchase alcohol. In case of doubt, you are obliged to prove that you meet the condition pursuant to Section 12(1)(a) of Act No. 379/2005 Coll., as amended, by submitting a copy of your identity card. In the event that you do not meet this condition or are unable to properly prove its fulfilment, we are entitled to withdraw from the Agreement.

      12. In a nutshell:

      • We enter into the Contract through three main channels (via the eshop on the Website, through the form on the Website or by email), as described in more detail in Section 3 below. The Terms & Conditions constitute a part of the Contract.
      • If we work together for a longer period of time, we can also conclude a special Framework Contract, which may be more favourable for you.
      • Our products are delicious and high-quality catering boxes; the current selection of the Boxes and information on ingredients and allergens can be found on our Website. We pay particular attention to the above allergens and intolerances.
      • The Boxes must be stored in the refrigerator and consumed within 2 hours of receipt.
      • Alcoholic beverages can only be purchased if you are over 18 years of age.

  1. How do you create a user account?

    1. Option to create a user account. You can create a user account (hereinafter referred to as the “Account”) to facilitate the ordering process and to track your purchase orders. In particular, this allows you to save your billing and delivery details for future purchase orders as well as to access your purchase order and invoice history. However, an Account is not required to place a purchase order.
    2. Setting up an Account. You can create an Account on our Website. To do so, you will be asked to fill in your identification details, address, contact and billing information (in particular, your name or company name, residence or registered office address, email address, telephone number and company ID number). We reserve the right to change the scope of the data required. To set up an Account, you must agree to the Terms & Conditions and complete the registration process by clicking the appropriate button.
    3. Account confirmation. Upon setting up your account, you will receive an automated confirmation that your Account has been set up to the email address provided. The email will include these Terms & Conditions in .pdf format.
    4. Option to deny an Account application. We may deny you an Account (or reject your purchase order) at our discretion, particularly if you have violated the Terms & Conditions or engaged in unlawful behaviour while using our services. We are not obliged to justify such a refusal.
    5. Up-to-date and accurate data. lease provide only up-to-date, accurate and complete information when creating an Account. If you wish to place a purchase order through your Account, please check and make any changes in your Account or before placing your purchase order to ensure, among other things, that your purchase orders will be delivered and invoiced correctly. We consider the information provided when placing a purchase order to be correct. We shall not be liable for damages caused by outdated, incorrect or incomplete data.
    6. Login protection. Your Account is protected by a login and password of your choice. You must protect your login credentials and not allow third parties to access your Account. If you believe that the security of your login credentials may have been compromised, please notify us immediately and change your credentials.
    7. Account cancellation. At our sole discretion, we may temporarily or completely prevent you from using your Account and placing your purchase orders. We shall only do so for the reasons specified in Section 10 hereof governing withdrawal from the Contract, particularly if you are in serious breach of the Terms & Conditions.

      8. In a nutshell:

      • To simplify the ordering process and keep track of your purchase orders, you can create a user Account with us.
      • When setting up an account, you must agree to the Terms & Conditions and provide certain personal details.
      • When you use your account again, please make sure that all your account details are up-to-date and accurate and protect your login credentials.
      • Under certain circumstances, we may decide not to set up or cancel your Account. This is a rare occurrence, but it may happen, especially if you have violated these Terms & Conditions or engaged in unlawful behaviour in the past.

  1. How does ordering of our catering boxes work?

    1. Conclusion of the Contract. By ordering Boxes with us, you enter into a Contract on the terms and conditions set out in the purchase order, these Terms & Conditions and/or any other written agreements between you and us, including an agreement by email. You can order Boxes from us in three different ways:
      1. Via our eshop.Through the eshop on the Web.
      2. Through the form.By filling in the enquiry form on the Website.
      3. By email.By emailing info@dark-kitchen.cz.
    2. Contractual obligations. By entering into the Contract, we agree to deliver the Boxes to you in the form, at the time and to the location indicated in the purchase order. You agree to accept and inspect the Boxes as well as to make the payment for the Boxes using any payment method set out in the Terms & Conditions.
    3. Ordering via the eshop on the Website. Ordering via our eshop consists of the following steps. We will guide you through the entire process:
      1. Choosing a Box. First, choose a specific Box or other product in the eshop.
      2. Logging into your Account or filling in your details.  Next, log in to your Account or fill in the details required (in particular, your name, telephone, email, delivery address or company ID number), and you may also select additional services if available.
      3. Placing your purchase order. To place your purchase order, click the “Confirm purchase” (“Potvrďte nákup”) button. It is essential that you complete all your details correctly (or check that they have been entered correctly in your Account) and confirm that you have read and agree to the Terms & Conditions before submitting your purchase order. When your purchase order has been submitted, a Contract is concluded between you and us.
      4. Confirming your purchase order. We will then email you a summary and confirmation of your purchase order. If you have not set up an Account with us, you must also agree to the Terms & Conditions in your purchase order. Subsequently, the Terms & Conditions will be emailed to you in a .pdf attachment.
    4. Ordering by email. If you are interested in ordering Boxes by email, please send us an email. Choose or describe the Boxes you want by email and give us the details we need to conclude the Contract and make delivery in your email. If necessary, we confirm other details, as in the case of an eshop purchase order. Subsequently, we will send you our quotation, including the Terms & Conditions, which you must accept by email. And then, we will send you an email confirming that a Contract has been made between you and us. The Contract is considered concluded at the time of sending this confirmation.
    5. Ordering through the form. Ordering via the enquiry form on the Website is similar to ordering by email, as described in Subsection 3.4. Please provide all the information required in this form and specify the Boxes or other products you require. If any additional information is needed, we will contact you by email. You must accept these Terms & Conditions when submitting the form. The Terms & Conditions will then be emailed to you in a .pdf attachment. Subsequently, we will send you our quotation, which you must accept by email, and we will send you an email confirming that a Contract has been made between you and us. The Contract is considered to be concluded at the time of sending this confirmation.
    6. Ordering time. You must place your purchase order for our Boxes at least 48 hours before you wish to pick up or receive them in accordance with the delivery terms (Section 7).
    7. Your details. When ordering our products, you are required to provide up-to-date, accurate and complete information. Subsection 2.5 on keeping the Account data up to date applies accordingly.
    8. Binding character of the purchase order. All orders are considered legally binding. This means that you must pay for and pick up/receive the Boxes you have ordered. Given the potential of quick turnaround of orders, we must insist on this. However, if you happen to place an incorrect order for the Boxes and contact us immediately by phone, we can naturally cancel your order. By entering into the Agreement, you and we agree to be bound by these Terms & Conditions.
    9. Unusual purchase order. If your order happens to be unusual (for example, if you order 20 or more Boxes in your first purchase), we may require that you confirm your purchase by email or phone. In such a case, the Contract is made between you and us only upon us receiving the purchase order confirmation or communicating such confirmation to us. We may not be able to deliver the Boxes until we receive your subsequent confirmation, and therefore, the original delivery deadline you had requested may not be achievable, and a new date may need to be agreed upon.
    10. Unclear purchase order (by email, through the form). For purchase orders placed by email and through the form, a delivery deadline of 48 hours also applies. However, there may be a possibility that your purchase order will be difficult for us to understand and/or some key information will be missing. In such a case, we will ask you to provide them. We cannot deliver the Boxes until everything is made clear, and therefore, the original delivery deadline you had requested may not be achievable, and a new date may need to be agreed upon.
    11. Communication and synergy. When entering into the Contract, you agree to use remote means of communication (internet, phone) and to communicate about the Contract after it has been entered into, and about claims for example, through email or chat on the Website if available. The costs incurred in using remote means of communication (for example, internet connection or phone call costs) are paid by you; these fees are no different from the standard fees.
    12. Long-term customer.  If you have entered into a Framework Contract with us, the steps set out in this section of the Terms & Conditions apply equally to you. You place your purchase orders through a special Website interface after logging into your Account as described in Section 6, offering you better conditions.

      13. In a nutshell:

      • Always provide correct and up-to-date data and information in your purchase order.
      • The Contract is made between you and us at the moment of sending the order (if placed via eshop) or at the moment of its confirmation by us or clarification (if placed by email, or through the form).
      • There may be a possibility that your purchase order will be difficult for us to understand or will be considered unusual by us. If this is the case, the delivery date may be affected. However, if everything is made clear soon enough, we will try to meet the original deadline you have requested.

  1. How do you change or cancel your purchase order?

    1. Options. If you wish to change or cancel your purchase order, you must do so by notifying us at the latest 48 hours prior to the scheduled delivery or pick-up time.
    2. Cancellation fee for later cancellation or non-acceptance. Since our Boxes are custom-made for you, we are entitled to be paid the purchase price for your purchase order, the so-called cancellation fee of 100 % of the purchase price for the Boxes if you cancel your purchase order at a later time or do not accept the purchase order.
    3. Changing or cancelling your purchase order. ZYou can change or cancel your Boxes purchase order by emailing info@dark-kitchen.cz. on weekdays from 9:00 AM to 5:00 PM.
    4. Changing your address. A change of delivery address shall be made by emailing info@dark-kitchen.cz no later than 2:00 PM on the day before the delivery. If your address has been changed, the shipping costs may also change; we will always let you know.

      5. In a nutshell:

      • Your purchase orders can be cancelled or changed up to 48 hours before the scheduled delivery or pick-up time. If cancelled at a later time or not accepted, a cancellation fee of 100 % of the price shall be paid.
      • It is also possible to change the delivery address at a later time, no later than 2:00 PM on the day before the delivery.

  1. How can you pay for your purchase order?

    1. Purchase price. You are required to pay us for our Boxes. All prices on the Website are exclusive of VAT and inclusive of VAT and all related charges. Prices are valid on the day the purchase order is being placed.
    2. Payment. You can make the payment of the price using the below payment methods. We reserve the right to add, change or remove individual payment methods. The selection on our Website shall prevail:
      1. Payment gateway. You can make your payment subject to the terms and conditions of the payment gateway provider – Česká spořitelna, a.s., IČO: 45244782, se sídlem: Olbrachtova 1929/62, 140 00 Praha 4. The payment gateway supports payments by credit card, by bank transfer or using other services (ApplePay, Google Pay, etc.). The payment gateway provider we use processes payments using the PCI DSS payment standard. This is the highest level of security for card transactions. This provides the highest level of security for card transactions. Please keep in mind that we do not have access to your bank account or credit card details – only the payment gateway provider has this information. At the same time, please understand that we may change the payment gateway provider under certain circumstances.
      2. Invoice. If you are an entrepreneur or a company, we will send you a tax receipt – an invoice – along with the confirmation of your Boxes purchase order to the email address provided in your purchase order or Account. The invoice shall be payable within 14 days starting from the date it has been received. If you have an Account, all invoices can also be found there.
    3. Default on payment. If your payment of the price is in default, we shall not be obliged to deliver the Boxes to you or provide any other services and/or meet conditions under the Contract.
    4. When to make the payment. The purchase price is considered paid when the price is credited to our bank account.
    5. Rejecting the purchase order request. If you have any outstanding payment with us, we have the right to reject your new purchase order request until such outstanding payment has been made in full.

      6. In a nutshell:

      • The payment for the Boxes takes place electronically; no cash payment is accepted.
      • As a consumer, you can only pay through a payment gateway. As an entrepreneur or a company, you can opt to pay by invoice payable within 14 days.
      • In exceptional cases, we may reject your purchase order request.

  1. What is our approach to long-term cooperation?

    1. Concluding a Framework Contract. If you are interested in working with us on a long-term basis, please contact us by email at manager@dark-kitchen.cz or by phone at (+420) 722 448 338. You will then receive a Framework Contract to sign. We can also find other ways of signing the Framework Contract.
    2. Relationship between the Terms & Conditions and the Framework Contract. If the Framework Contract differs from the Terms & Conditions, the Framework Contract shall prevail.
    3. Ordering process. As part of our long-term cooperation, you are required to place your orders through a special user interface on the Website. This gives you access to better prices and free shipping in Prague. However, the Framework Contract may also regulate the terms of cooperation in other ways. We cannot necessarily guarantee the correct pairing with the Framework Contract when using another ordering method. If you choose a different method, please let us know that you have a Framework Contract with us.
    4. Minimum order. Since the Framework Contract gives you access to better prices, we, in turn, require a minimum annual order quantity. This will be agreed upon in the Framework Contract specifying the details, in particular, how to deal with failure to meet minimum order requirements.
    5. Invoicing. The invoices shall be issued, and the payments for the Boxes shall be made in accordance with the Framework Contract on a monthly basis unless otherwise stated in the Framework Contract.

      6. In a nutshell:

      • You are welcome to choose to order our catering boxes on a regular basis.
      • We will be delighted to offer you better conditions under a Framework Contract.

  1. How do we deliver the Boxes to you?

    1. In-person pickup. The Boxes can be picked up in person during the opening hours of our facility: Dark Kitchen Bistro, Řípská 12, 130 00 Praha (Prague) 3. If you choose in-person pickup, you will see the opening hours of the facility in your purchase order. Our system will also always check if you have chosen a time slot when the facility is open.
    2. Delivery zones. We also provide delivery with our own vehicles. The price for the delivery is based on the delivery zones shown on a map on our Website in the section “Delivery and payment” (“Doprava a platba”) where you can check the price of delivery corresponding to the delivery address you have entered. Unless we agree otherwise, we provide our delivery service only within the territory of the Capital City of Prague.
    3. Delivery time. You can choose the time of delivery in your purchase order based on our actual capacity. Nevertheless, we can guarantee delivery in the range of 15 minutes before/after your requested delivery time unless force majeure makes it impossible to complete the delivery (see Subsection 10.2). If such an event occurs, you cannot claim any compensation, discount or reimbursement for damages from us for delayed delivery. Please keep in mind that, under exceptional circumstances, we are entitled to deliver the Boxes up to 30 minutes before the scheduled delivery time. To this end, we ask you to provide assistance with earlier delivery.
    4. Be available over the phone. To facilitate the delivery of your purchase order, please be available over the phone at the telephone number provided in your purchase order. If we are unable to contact you by phone or other means at the point of delivery, we may cancel your purchase order and charge you the full price of your purchase order.
    5. Delivery and handover. The Courier will deliver the Boxes directly to you (the contact person named in your purchase order) or to the person you have indicated in your purchase order at the location you have specified therein. If there is no such person at that location, the courier may also hand over the Boxes to another person at the place of residence or registered office. We shall not be responsible and/or liable for the delivery of the Boxes if an alternative delivery method is used.
    6. Accepting the Boxes. Upon receipt, please check the integrity of the packaging and contents of the Boxes very carefully to make sure and notify the courier immediately if there are any defects. If the packaging and/or contents of the Boxes have been tampered with, you have the right to decline or accept the parcel from the courier. The courier will draw up a (non-) acceptance report. Tampering is not superficial damage to the packaging, not affecting the contents of the Box. The risk of damage and accidental destruction and/or deterioration shall pass to you upon acceptance of the Boxes, refusal of acceptance (unless you discover any defects referred to in the first sentence) or failure to accept the Boxes due to your unavailability.

      7. In a nutshell:

      • You can pick up the catering Boxes during the opening hours of our Dark Kitchen Bistro or have them delivered by our couriers.
      • Delivery by courier takes place within the territory of the Capital City of Prague and is subject to a charge in general. Delivery prices can be found on our Website.
      • You are obliged to accept the catering Boxes. If you fail or refuse to accept the Boxes, you will also be liable for any loss or damage to them.
      • Upon receipt, please check the parcel carefully for any damage and, if necessary, notify the courier immediately.

  1. How to cancel the Contract and return the Boxes?

    1. Right to cancel the Contract in general – consumers. In general, you are accustomed to the fact that if you purchase goods or services online as a consumer (i.e. outside your business), you have the right to withdraw from the Contract within 14 days of receipt without giving reasons. However, this is not the case here.
    2. Cancelling the Contract for our Boxes – consumers. Please keep in mind that due to the nature of our Boxes (containing fresh food), it is not possible to withdraw from the Contract. This is because they are perishable or short-lived products. Although we do not normally seal the packaging of Boxes, we would like to stress that it is also not legally possible to withdraw from the Contract for the goods in sealed packaging which are not suitable for return once the packaging has been opened or tampered with (for example, when the packing or the security seal has been broken) due to health protection or hygiene reasons. The same applies to the custom-made products – it is impossible to withdraw from the Contract.
    3. Cancelling the Contract for our Boxes – entrepreneurs and companies. As an entrepreneur or a company, you don't have the legal right to withdraw from the Contract within 14 days.

      4. In a nutshell:

      • In general, if you are a consumer, you have the right to withdraw from the Contract entered into via the Website within 14 days of receipt. However, in this case, we sell perishable or short-lived products. Therefore, you do not have such an option.
      • As an entrepreneur or a company, you do not have the right to withdraw from the Contract within 14 days.

  1. How does the claim handling process work?

    1. For entrepreneurs and companies only. Under this Section of the Contract, only purchasers who make purchases from us as entrepreneurs or companies are entitled to make a claim. Special rules for consumer claims are set out in Section 12 of the Terms & Conditions.
    2. What are we liable for? We are legally responsible and liable for delivering the Boxes to you in the agreed quantity and quality.
    3. Subjective point of view. Please keep in mind that you are not entitled to make a claim for products just for the reason that they have not matched your subjective criteria or that you do not like the food.
    4. Time limit for filing a claim.  In general, you can exercise your rights arising from defects within six months of receiving the goods under applicable law. However, this is not the case with our perishable products with a limited shelf life (within 2 hours of receipt). The products retain their properties over this period of time. Due to the short shelf life, it is necessary to check and make a claim for the products immediately when picking them up at the facility or when checking and receiving them from the courier. Failure to do so will make it impossible to properly investigate and validate the defects. By failing to make a claim immediately upon receipt as described above, you lose the right to make a claim against us for apparent defects in the Boxes and their contents. We would also like to point out that you may be asked to send us photographs of the Box and its contents in order to document and validate the defect, or we may take photographs ourselves.
    5. Defect in quantity or type of products. If the Boxes or their contents do not correspond to the quantity or type you have ordered, please contact us immediately upon pickup at the facility or delivery by courier. In such a case, you are entitled to request delivery of the part of the order that is missing or a reasonable discount on the purchase price corresponding to the part of the order that is missing. At the same time, you may be instructed to provide photographs of the Box and its contents in order to document and validate the defect, or we may take photographs ourselves.
    6. Defect attributable to you. You do not have any rights if a defect is caused by your actions, such as inappropriate storage or delayed consumption.
    7. Making a claim. You must make a claim directly at the facility or to the courier who has delivered the Boxes to you. A claim report will be drawn up for this purpose.
    8. Hidden defects. If the Boxes or their contents are defective in any way that could not have been detected with due care when the Boxes were received (a so-called hidden defect), you are entitled to make a claim for the Boxes by emailing info@dark-kitchen.cz You agree to store the Boxes in the refrigerator under suitable conditions during the claim handling process and to provide the necessary assistance to the courier whom we will authorise to collect the Boxes you have complained about. At the same time, you may be instructed to provide photographs of the Box and its contents in order to document and validate the defect, or we may take photographs ourselves.
    9. Complaint details.  If you wish to make a claim, please include the following details:
      1. Contact details.  Your contact details.
      2. Description of the defect. For example, that we have delivered different Box contents or the Box contents were not fresh.
      3. How to settle the claim. The way you want your claim to be settled.
    10. What can you claim for a remediable defect?  If the contents of the Box have a remediable defect (e.g. part of the Box is damaged or otherwise defective, but the rest of the Box is intact), you are entitled to claim repair or replacement of what is missing or a reasonable discount on the price under applicable law. Given our products and the costs or the practical impossibility of “repairing” or “replenishing” the Box, we prefer to provide a reasonable discount on the price of the Boxes you have ordered.
    11. Solution options. If the Boxes have a defect, we, at our sole discretion, shall determine which of the following options will be used to settle the claim:
      1. by repairing the defect;
      2. by delivering new Boxes;
      3. by providing a reasonable discount on the price.
    12. Costs. If you return the Boxes, you are responsible for the return costs. You are also not entitled to reimbursement of the reasonable costs incurred in making a claim.

      13. In a nutshell:

      • We shall always be notified of any apparent defects in our goods immediately upon pickup at the facility or delivery by courier. Failure to do so may result in your claim not being accepted.
      • We recommend taking photos of our goods should you wish to make a claim. You may be requested to do so.
      • If there are hidden defects or defects in the quantity or type of products delivered, please notify us by email or phone, and we will sort out the issue either by delivering new or missing goods or by providing a reasonable discount on the purchase price.

  1. How can we withdraw from the Contract?

    1. Breaching the Terms & Conditions by you. If you breach the Terms & Conditions or the Contract or the Framework Contract and you fail to fulfil your obligations for more than 30 days, we shall be entitled to withdraw from the Contract after this period expires. If you are already in default and declare that you do not intend to fulfil your obligations, or, taking into account the particular circumstances, it is clear that you will not fulfil your obligations, we may withdraw from the Contract before the period referred to in the previous sentence has expired.
    2. Force majeure. In the event of force majeure or events that cannot be foreseen (natural disaster, extreme weather conditions, gridlock, operational disruptions, subcontractor delays, etc.), we shall not be liable for damages arising from or in connection with force majeure events. Nevertheless, we will notify you immediately of such a situation and propose a remedy (in particular, a new delivery date). However, we may also be entitled to withdraw from the Contract, particularly if you do not agree with the remedy.
    3. Effect of withdrawal. Withdrawal from the Contract under this Section of the Terms & Conditions shall take effect on the date you receive a notice of withdrawal. We are under no obligation to return any payments that we have made to each other prior to withdrawing from the Contract.

      4. In a nutshell:

      • We, as the seller, also have the right to withdraw from the Contract under certain circumstances if you fail to fulfil your obligations for more than 30 days or under circumstances beyond our control, such as a pandemic, natural disaster or war.

  1. What are we liable for?

    1. Limitation of liability.. We shall be liable for damages arising from harm to the natural rights of an individual, for damages caused intentionally or by gross negligence, to the full extent. We shall not be liable for any other damages. Moreover, we shall not be liable for compensation for loss of profit, the cost of purchasing a replacement product or compensation for non-pecuniary damage (except in the above cases where such liability cannot be excluded).
    2. Safety. Please keep in mind that the Website content is for informational purposes only and is in no way a substitute for consulting a nutritionist or physician.

      3. In a nutshell:

      • Our liability is limited to the maximum extent permitted by applicable law, so we are not required to pay for loss of profit, the cost of purchasing a replacement product or compensation for non-pecuniary damage.

  1. What other rules apply to consumers only?

    2. Properties of the Boxes and defects in the Boxes
    1. What are we responsible and/or liable for? We are legally responsible and liable for ensuring that the Boxes are free from defects upon receipt. This means that, at the time of taking over the goods, we are primarily responsible and liable for:
      1. Agreed properties. The Boxes and their contents match the description, type and quantity as well as the quality and other characteristics as we have agreed; the agreed properties are exclusively those described on the Website or in our written communication.
      2. Purpose. The Boxes and their contents are fit for the purpose for which they are ordered and to which we have consented (i.e. consuming the food).
      3. Essential instructions. The essential instructions for the Boxes are set forth on the Website and in the Terms & Conditions (for example, rules for storage and storage life). Upon your request, we may send you these instructions by email, or a courier may give them to you.
    2. What else are we responsible and/or liable for? We are also responsible and liable for the following:
      1. General purpose. The Boxes and their contents are suitable for the purposes for which goods of this kind are normally used, also with regard to the rights of third parties and legislation. This purpose means, in particular, consuming the food immediately after receipt.
      2. Usual properties. The Boxes and their contents correspond to the usual properties of products of the same kind that you can reasonably expect, in terms of quantity, quality and other characteristics, including shelf life and function, taking into account public statements made by us or another individual in the same business chain, in particular, in advertising or labelling.
      3. Usual accessories. The Boxes and their contents will be delivered with the accessories you can reasonably expect, including packaging and instructions for use.
      4. Samples. If we have presented you with samples prior to entering into the Contract, the Boxes shall match the quality or composition and design of such samples.

      We will not be liable for the four subsections above if we have advised you prior to concluding the Contract that a certain property of the product may differ from the usual property, and you have expressly agreed to this when concluding the Contract.

    3. Subjective point of view. Please keep in mind that you are not entitled to make a claim for products just for the reason that they have not matched your subjective criteria or that you do not like the food.
    4. Time limit for filing a claim. In general, you can exercise your rights arising from defects within two years of receiving the goods under applicable law. However, this is not the case with our perishable goods with a limited shelf life (within 2 hours of receipt). The products retain their properties over this period of time. Due to the short shelf life, it is ideal to check and make a claim for the products immediately when picking them up at the facility or when checking and receiving them from the courier. However, you can make a claim for the Boxes for the entire shelf life of the Boxes. We would also like to point out that you may be asked to send us photographs of the Box and its contents in order to document and validate the defect, or we may take photographs ourselves.
    5. Defect in quantity or type of products. If the Boxes or their contents do not correspond to the quantity or type you have ordered, please contact us immediately upon pickup at the facility or delivery by courier. In such a case, you are entitled to request delivery of the part of the order that is missing or a reasonable discount on the purchase price corresponding to the part of the order that is missing. At the same time, you may be instructed to provide photographs of the Box and its contents in order to document and validate the defect, or we may take photographs ourselves.
    6. Defect attributable to you. You do not have any rights if a defect is caused by your actions. A defect in our products is not normal wear and tear from normal use. A claim report will be drawn up for this purpose.
    7. Making a claim. You must make a claim directly at the facility or to the courier who has delivered the Boxes to you. A claim report will be drawn up for this purpose. You can also make a claim for the Boxes by emailing info@dark-kitchen.cz. You agree to store the Boxes in a refrigerator under suitable conditions while the claim is being processed and to provide the necessary assistance to the courier we may send to collect the Boxes you have claimed. At the same time, you may be instructed to provide photographs of the Box and its contents in order to document and validate the defect, or we may take photographs ourselves
    8. Complaint details. If you wish to make a claim, please include the following details:
      1. Contact details. Your contact details.
      2. Description of the defect.  For example, that we have delivered different box contents or the box contents were not fresh.
      3. How to settle the claim. The way you want your claim to be settled.
    9. What can you claim? If the Boxes or their contents have a defect, you are entitled to claim to have them remedied. You may, at your option, require delivery of a new item without defects or repair of the item unless the method you choose to remedy the defect is unfeasible or unreasonably costly to us compared to the other. In such a case, we may refuse to remedy the defect, in particular, considering the nature of the defect and the value that the goods would have had without the defect.
    10. Discount or withdrawal from the Contract. In such cases, you are entitled to demand a reasonable discount or withdraw from the Contract:
      1. Refusing to remedy or delaying remedying the defect. If and when we have refused to remedy the defect or have failed to remedy the defect within a reasonable period of time after the defect has been reported so as not to cause you significant inconvenience.
      2. Recurring defect. If or when the defect keeps recurring, which means three or more times.
      3. Material breach of Contract. If or when the defect constitutes a material breach of the Contract.
      4. Our statements or circumstances indicate a failure to comply. If or when it is clear from our statements or the circumstances that we have failed to remedy the defect within a reasonable period of time or without causing you significant inconvenience.

      However, you are not entitled to withdraw from the Contract unless the defect in the goods is significant.

    11. Payment of the purchase price. You are not obliged to pay us the outstanding purchase price or any part thereof until we have fulfilled our obligations arising from the defects.
      12. Claim handling process
    12. Claim confirmation. Once you make a claim, we will email you an electronic confirmation indicating the date on which you have made the claim, what is the essence of the claim, what method of settling the claim you require and your contact details so that we can let you know how the claim has been resolved.
    13. Claim handling. We aim to resolve claims as quickly as possible, usually within 3 working days of the claim being made. In any case, we shall resolve your claim within 30 days of the claim being made (including the remedy of the defect) and notify you accordingly. We can negotiate a longer period of time. If we do not adhere to the 30-day period, you may withdraw from the Contract or demand a reasonable discount.
    14. Claim settlement confirmation. Once your claim has been settled, we will provide you with an electronic confirmation of the date and method of settling your claim and the duration of the claim handling process or a written confirmation of the rejection of your claim.
    15. Claim costs. You are entitled to be reimbursed for the reasonable expenses of making a claim (if it has been found legitimate and accepted) where such costs are considered to be the lowest possible. You must claim reimbursement for the expenses no later than one month after the end of the period for making a claim; otherwise, you may not be reimbursed.
      16. Consumer alternative dispute resolution
    16. Dispute resolution by the Czech Trade Inspection Authority. As a consumer, you have the right to settle a dispute arising from the Contract through alternative dispute resolution (ADR) pursuant to Act No. 634/1992 Coll., on Consumer Protection. In such a case, you can contact the Czech Trade Inspection Authority (Central Inspectorate – ADR Department, Štěpánská 44, 110 00 Praha (Prague) 1, email: adr@coi.cz, website: www.adr.coi.cz). Alternative dispute resolution is initiated exclusively at your request as a consumer if the dispute could not have been resolved directly with us as the seller. The application may be filed within 1 year starting from the date you, as a consumer, have first exercised your right, which is the subject of the dispute, against us as the seller. In addition, you also have the right to initiate alternative dispute resolution online via the ODR platform available at http://www.ec.europa.eu/consumers/odr/.
    17. We are under surveillance. We are authorised to carry out business activities and sell our products under a trade license. Inspection in terms of business activities is performed by the competent (Czech) Trade Licensing Office falling within competence thereof. Supervision over personal data protection is exercised by the (Czech) Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
    18. Complaints. Please send any complaints you may have by email at info@dark-kitchen.cz, and we will resolve them as soon as possible.

      19. In a nutshell:

      • We shall always be notified of any apparent defects in our goods immediately upon pickup at the facility or delivery by courier. Failure to do so may result in your claim not being accepted.
      • We recommend taking photos of our goods should you wish to make a claim. You may be requested to do so.
      • If there are hidden defects or defects in the quantity or type of products delivered, please notify us by email or phone, and we will sort out the issue either by delivering new or missing products or by providing a reasonable discount on the purchase price. In certain cases, you are also entitled to withdraw from the Contract.
      • As a consumer, you have the right to settle a dispute that has arisen between us through consumer alternative dispute resolution. You can contact the Czech Trade Inspection Authority.
      • Our business is subject to regulatory oversight of the (Czech) Trade Licensing Office, the (Czech) Office for Personal Data Protection and the Czech Trade Inspection Authority.
      • Please send any complaints by email at info@dark-kitchen.cz.

  1. Miscellaneous

    1. Personal data. In order to provide our services, in particular, to process and deliver your orders, we need some of your personal data. Such data processing is subject to the conditions set out herein.
    2. International element. If the contractual relationship includes an international (foreign) element, we agree that our relationship and the Contract shall be governed by the law of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code, as amended (if you are an entrepreneur/company or consumer) and Act No. 634/1992 Coll. on the Consumer Protection as amended (only if you are a consumer). Your consumer rights are not affected by the fact that the Contract is governed by Czech law.
    3. Dispute Resolution. We hate disputes and, therefore, always try to resolve them amicably. If this proves to be impossible, we agree that disputes shall be adjudicated by a competent local court of the Czech Republic having jurisdiction over our registered office.
    4. Changes to the Terms & Conditions. We have the right to change or amend the Terms & Conditions. Any such change will not affect any rights or obligations that have accrued while the previous version of the Terms & Conditions was in effect. In simple terms, this means that the change to the Terms & Conditions will not impact purchases already made. If the subject matter of the Contract made between you and us does not consist of a one-off performance, but we provide you with the Boxes under the Framework Contract, we shall notify you of the change to the Terms & Conditions by email, inform you of your option to disagree with the changes and cancel the Contract for that particular reason. We shall give you a reasonable period of time to do so. If you do not cancel the Framework Contract, it shall be deemed to be your acceptance of the new version of the Terms & Conditions.
    5. Copyright and industrial rights. All rights to the Website, in particular copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, are owned by us. You may not copy, modify or otherwise use the Website or any part thereof without our consent. We hold the industrial rights to our products, including the design rights to our products, which you may not reproduce or imitate.
    6. Using the Website. We shall not be liable for any errors incurred as a result of third-party interference with the Website or as a result of the Website use contrary to its intended use. When using the Website, you must not use any practices that could adversely affect the operation of the Website and must not take any action that could enable us or third parties to tamper with or make unauthorised use of the software or other components of the Website. You shall not use the Website or any part thereof or the software in any manner inconsistent with its intended use or purpose.
    7. Website accessibility. Please keep in mind that the Website or parts thereof may not be available around the clock, mostly due to maintenance of our hardware and/or software or maintenance of third-party systems.

      8. In a nutshell:

      • Our contractual relationship is governed by Czech law. However, this does not affect your consumer rights. We will try to resolve disputes amicably; if this proves to be impossible, the disputes shall be adjudicated by a competent court of the Czech Republic having jurisdiction over our registered office.
      • Our site may not be available around the clock.
      • We have the right to change or amend the Terms & Conditions. In the case of one-off purchases of our products, such changes will not affect orders already placed or completed. If we supply you with our products on a long-term basis, you have the option to disagree with the new Terms & Conditions and cancel the Contract between you and us.

These Terms & Conditions are effective as of 22.11.2023.