General Terms and Conditions
Effective from: 13 June 2026
These General Terms and Conditions (the “Terms”) govern the sale of goods between the Seller and business customers (B2B) via the online shop at www.cocoafarm.eu. The shop is intended exclusively for entrepreneurs. Sales to consumers are not offered.
1. Seller
Tomáš Marek
Častonín 19, 393 01 Pelhřimov, Czech Republic
Company ID (IČO): 04830717
VAT ID (DIČ): CZ9302231554
E-mail: tomas@cocoafarm.de
Phone: +420 722 012 059
Website: www.cocoafarm.eu
2. Scope and customer status
These Terms apply exclusively to contracts concluded with entrepreneurs within the meaning of Section 420 of the Czech Civil Code (Act No. 89/2012 Coll.), i.e. persons acting in the course of their business or independent profession.
By placing an order, the customer confirms that they are acting as an entrepreneur and not as a consumer. Provisions of law protecting consumers, including the statutory 14-day right of withdrawal from a distance contract, do not apply to contracts governed by these Terms.
3. Conclusion of the contract
The presentation of goods in the online shop is an invitation to make an offer and is not a binding offer by the Seller. By submitting an order, the customer makes a binding offer to purchase the selected goods.
The purchase contract is concluded when the Seller accepts the order by sending an order confirmation by e-mail, or at the latest when the goods are dispatched. The Seller is entitled to refuse an order, in particular in the case of doubts about the customer’s business status, solvency, or the requested quantity.
4. Prices and VAT
Unless expressly stated otherwise, prices are quoted in euros (EUR) excluding value added tax. Value added tax is added at the statutory rate applicable to the transaction.
For supplies of goods dispatched to a VAT-registered business in another EU Member State, the supply may be treated as an intra-Community supply subject to the reverse-charge mechanism, in which case the goods are invoiced without Czech VAT and the customer accounts for VAT in their own Member State. This applies only where the customer provides a valid VAT identification number and the statutory conditions are met. The customer is responsible for providing a correct and valid VAT ID; if it is not provided or proves invalid, the Seller invoices the supply with Czech VAT at the applicable rate.
Shipping and packaging costs are displayed during the ordering process before the order is submitted.
5. Payment terms
Available payment methods are shown in the online shop (e.g. prepayment by bank transfer, card, or other offered methods). Unless a payment term has been agreed in writing, the invoiced amount is payable in advance before dispatch.
Where invoicing with a due date has been agreed, the invoice is payable within the period stated on the invoice. In the event of late payment, the Seller is entitled to statutory default interest and to compensation for costs of recovery in accordance with Czech law. The Seller may make further deliveries dependent on settlement of outstanding amounts.
6. Retention of title
The goods remain the property of the Seller until the purchase price has been paid in full. Until ownership passes, the customer shall handle the goods with care and shall not pledge them or assign them as security.
7. Delivery, dispatch and passing of risk
The Seller dispatches goods in stock within 36 hours of receipt of the order. If a product is temporarily unavailable, the Seller will inform the customer within 24 hours of receipt of the order. Unless otherwise stated, the delivery time is 3–7 business days. The Seller ships to most EU countries.
As the customer is a business, the risk of accidental loss of or damage to the goods passes to the customer at the moment the goods are handed over to the first carrier for shipment.
8. Inspection and notice of defects
The customer shall inspect the goods without undue delay after delivery and shall notify the Seller of any defects without undue delay after they could have been discovered, in accordance with Sections 2104 and 2112 of the Czech Civil Code. Obvious defects, including transport damage and quantity discrepancies, shall be reported within 7 days of receipt. If the customer fails to give timely notice, the related rights arising from defective performance may not be granted.
As the goods include foodstuffs, the customer shall observe the best-before dates and storage conditions stated on the packaging.
9. Liability for defects
Liability for defects is governed by the Czech Civil Code, subject to these Terms. In the event of a justified and timely claim, the Seller shall, at its option, provide a replacement delivery, a supplement of missing quantity, or a reasonable discount; where this is not possible, the customer may withdraw from the contract in respect of the defective goods. Statutory consumer guarantees do not apply.
10. Limitation of liability
The Seller is liable without limitation for damage caused intentionally or by gross negligence and for damage to natural rights. In the case of slight negligence, the Seller is liable only for breach of an essential contractual obligation (an obligation whose fulfilment is necessary for the proper performance of the contract and on which the customer regularly relies), and such liability is limited to the foreseeable damage typical for this type of contract. Any further liability is excluded to the extent permitted by law. The Seller is not liable for indirect or consequential damage such as lost profit, save as required by mandatory law.
11. Returns and cancellation
As the contract is concluded with a business, no statutory right of withdrawal applies. Returns of goods that are free of defects are possible only with the prior agreement of the Seller and under conditions agreed in individual cases.
12. Data protection
Personal data is processed solely in accordance with applicable data protection legislation, in particular the GDPR. Further information is available in the Privacy Policy.
13. Final provisions
These Terms and the contractual relationship are governed by the law of the Czech Republic, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and excluding conflict-of-law rules.
The exclusive place of jurisdiction for all disputes arising from or in connection with the contract is the court with subject-matter and local jurisdiction at the Seller’s registered seat in Pelhřimov, Czech Republic.
Should any provision of these Terms be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that comes closest to its economic purpose.
In the event of any discrepancy between language versions of these Terms, the English version shall prevail.