GENERAL TERMS AND CONDITIONS


A. INTRODUCTORY PROVISIONS

A.1 These Terms and Conditions (hereinafter the “T&C”) govern the rights and obligations between the operator of the e-shop as the seller and its customers as buyers, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code.

A.2 The buyer may be either a consumer or a business customer. A customer who provides a Company ID / VAT ID shall be considered a business customer.

A.3 Any provisions agreed individually in the contract shall take precedence over these T&C.

A.4 These T&C form an integral part of the sales contract.

B. IDENTIFICATION DETAILS OF THE SELLER

Business name: BRAINCHAIN s.r.o.
Registered office: Korunní 2569/108G, Vinohrady, 120 00 Prague 2
Company ID No.: 07624387
VAT ID No.: CZ07624387
Registered in the Commercial Register: Municipal Court in Prague, File No. C 242070
E-mail: sklizejradost@somique.cz

The operator and supplier of the online store Somique.cz hereby declares that all raw materials are transported, stored, and further processed in compliance with applicable legal regulations, including the requirements set by the Czech Agriculture and Food Inspection Authority (SZPI). The supplier is authorized to conduct business in the field of food product sales and is duly registered pursuant to Section 3 of Act No. 110/1997 Coll., on Foodstuffs and Tobacco Products, as amended.

C. ORDER AND CONCLUSION OF THE SALES CONTRACT

C.1 The presentation of goods published on the Somique.cz website is for informational purposes only and does not constitute a legally binding offer to conclude a sales contract. Section 1732(2) of the Civil Code shall not apply.

Sales Contract

C.2 The sales contract is concluded through the seller’s online store in such a way that the buyer places the selected goods in the shopping cart, fills in all required information, chooses the method of payment and delivery, and then submits the order by clicking the button used to complete it (e.g. “Order” or “Submit Order”).

C.3 Before submitting the order, the buyer is given the opportunity to check all information entered into the order form and, if necessary, correct or amend it. By submitting the order by clicking the relevant button (e.g. “Submit Order” or “Place Binding Order”), the buyer confirms the correctness and completeness of the information provided and acknowledges that this constitutes a binding proposal to conclude a sales contract. By submitting the order, the buyer also confirms that they have familiarized themselves with these Terms and Conditions, agree to them, and thereby make a binding proposal to conclude a sales contract. At the moment the order is submitted, the customer becomes obliged to pay the stated purchase price and accept the ordered goods, provided that the order is subsequently confirmed by the seller.

C.4 The contract of sale is concluded when the order confirmation is delivered to the buyer’s e-mail address provided in the order. The seller shall issue the buyer a tax document for the received payment in accordance with the relevant legal regulations.

Seller’s Right to Confirm and Amend Orders

C.5 The seller reserves the right to assess each received order individually and subsequently confirm it. The prices listed for individual products on the somique.cz online store website are valid at the time the order is submitted by the buyer, but they become binding on the seller only upon express confirmation of the order by the seller.

C.6 The seller is entitled, in justified cases, to adjust the listed price, especially in the event of an obvious pricing error (e.g. display of CZK 0 or an obviously incorrect price, i.e. a price below the purchase price), unavailability of the ordered goods, or changes in purchasing conditions on the part of suppliers. In such cases, the seller is not obliged to deliver the goods at the originally listed (incorrect) price, even if the buyer has received an automatic confirmation of receipt of the order. The buyer shall be informed of this fact without undue delay and shall be presented with a new price offer. In such a case, the sales contract is concluded only at the moment the buyer accepts this amended offer.

C.7 The seller does not guarantee the permanent availability of all goods presented on the website of the online store. If any item is unavailable at the time the order is being processed, the seller reserves the right to unilaterally remove such goods from the order. The buyer shall be informed of this fact.

Delivery, Fees and Discounts

C.8 The listed prices of goods do not include delivery costs, which are automatically added to the total price in the final step of the order depending on the delivery method selected by the buyer.

C.9 The seller reserves the right to charge the order additional fees or surcharges, the amount of which is clearly displayed to the customer during the ordering process. By submitting the order, the buyer confirms that they have been informed of these amounts and agree to their inclusion in the total order price.

C.10 Discounts provided do not apply to already discounted goods unless expressly stated otherwise. Discounts cannot be combined, and only one discount code may be used in the somique.cz online store.

Product Presentation and Distance Communication

C.11 Please note that all product photographs shown on the website are for illustrative purposes only, and the actual appearance, color, or packaging of the product may vary slightly.

C.12 The buyer agrees to the use of remote means of communication when concluding the sales contract. Any costs incurred by the buyer in connection with the use of these means, in particular internet connection costs, telephone charges, or other remote access fees, shall be borne by the buyer. These costs do not differ from the basic rates normally charged by the provider of such services.

D. PRICES AND PAYMENT TERMS

Prices

D.1 All prices are stated inclusive of VAT. The buyer is obliged to pay, together with the purchase price, also the packaging costs and any surcharge for the selected payment method. Before the order is confirmed, the buyer shall be informed of the total price, which includes the purchase price, packaging, any additional fees, and delivery costs.

Payment

D.2 Payment methods:

  • bank transfer

  • online card payment

  • online bank transfer

  • Apple Pay / Google Pay

Due Date and Completion of Payment

D.3 In the case of cashless payment, the purchase price is due immediately after the sales contract is concluded, i.e. immediately after completion of the order.

D.4 The buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller’s bank account.

Procedure for Payment via Payment Gateway

D.5 If the buyer uses payment through a payment gateway, they shall follow the instructions of the relevant provider of electronic payment services.

Sending of the Tax Document

D.6 The tax document (invoice) is sent electronically to the buyer’s e-mail address after the order has been confirmed by the seller.

Gift Vouchers

D.7 We offer gift vouchers in electronic form in the currently available denominations on the e-shop. Each voucher has a unique code, which you will receive by e-mail after payment. The voucher may only be used once and in full value, not in partial amounts. The electronic voucher is valid for 12 months from the date of purchase. To redeem it, enter the voucher code in the cart when placing the order; the voucher value will be deducted from the total price. The voucher may be combined with other discounts entered in the order. Counterfeiting vouchers is prohibited and may be punishable by law. Withdrawal from the contract is not possible if the voucher has already been used.

E. DELIVERY OF GOODS

Carrier and Acceptance

E.1 The following carriers ensure parcel delivery:

a) GSL – delivery to address
b) Zásilkovna – pick-up point and Z-box

The usual delivery time is 3–5 business days. We undertake to deliver the goods no later than 30 days from the conclusion of the sales contract. For custom-made orders, the delivery time shall be agreed individually. Delivery costs depend on the weight and the carrier and are stated during the ordering process.

E.2 If, under the sales contract, the seller is obliged to deliver the goods to the address specified by the buyer in the order, the buyer is obliged to accept the goods upon delivery. If, for reasons on the buyer’s side, repeated delivery or delivery by another method than originally agreed becomes necessary, the buyer shall bear all costs associated therewith.

E.3 If the buyer unjustifiably fails to accept the parcel, the seller may become entitled to reimbursement of reasonably incurred costs associated with the return of the parcel (in particular carrier costs and packaging). These costs may amount to up to CZK 200 depending on the chosen carrier and type of parcel.
The seller is also entitled to withdraw from the sales contract.

Damage in Transit

E.4 If damage to the parcel occurs during transport, we recommend that the buyer inspect the integrity of the packaging upon receipt and, in the event of obvious damage, refuse to accept the parcel and report this fact to the carrier. If the packaging is damaged in such a way that there is suspicion of unauthorized interference with the parcel, the buyer has the right not to accept the parcel from the carrier. The buyer may file a complaint regarding damage to the parcel with the seller by e-mail at sklizejradost@somique.cz. To speed up the handling of the complaint, we recommend taking photographic documentation of the damaged goods, packaging, and filling material.

Transfer of Ownership and Risk

E.5 The seller shall issue the buyer a tax document (invoice), which will be sent electronically to the e-mail address provided by the buyer. Title to the goods passes to the buyer only after full payment of the purchase price, including delivery costs, and at the earliest upon receipt of the goods. In the case of business entities, title to the goods passes to them at the moment all receivables have been paid. Liability for accidental destruction, damage, or loss of the goods passes to the buyer upon receipt of the goods, or at the moment when the buyer should have accepted the goods but failed to do so in breach of the sales contract.

F. WITHDRAWAL FROM THE CONTRACT

Conditions and Method of Withdrawal from the Sales Contract

F.1 A consumer has the right to withdraw from the contract within 14 days without giving any reason, subject to the exceptions set out in Section 1837 of the Civil Code, where withdrawal from the sales contract is not possible:

  • for the supply of goods that have been modified according to the buyer’s specific requirements or for the buyer personally,

  • for the supply of goods subject to rapid deterioration, as well as goods that have been irreversibly mixed with other goods after delivery,

  • for the supply of goods in sealed packaging which the buyer has removed from the packaging after delivery and which cannot be returned for hygienic reasons,

  • for the supply of goods whose price depends on fluctuations in financial markets beyond our control and which may occur during the withdrawal period,

  • and in other cases specified in Section 1837 of the Civil Code.

F.2 Unless it concerns the above-mentioned cases or other situations in which withdrawal from the sales contract is not possible, the buyer has, pursuant to Section 1829(1) of the Civil Code, the right to withdraw from the contract within fourteen (14) days from receipt of the goods. If the subject of the contract consists of several types of goods or delivery in several parts, this period begins on the date of receipt of the last delivery. Notice of withdrawal from the sales contract must be sent to the seller no later than within the aforementioned fourteen-day period, by a clear e-mail statement sent to sklizejradost@somique.cz.

F.3 Business customers may withdraw from the sales contract only in cases stipulated by law. Unlike consumers, they are not entitled to withdraw within 14 days without giving a reason. In the event of an unjustified return of goods, we reserve the right to charge storage costs and we shall also request the business customer to take the goods back.

Return of Goods

F.4 Upon withdrawal from the sales contract, the buyer is obliged to return the goods no later than 14 days from the withdrawal, in a complete and undamaged condition, including all supplied accessories, documentation, and, where possible, also in the original packaging. The goods must be returned in the condition in which the buyer received them, taking into account normal wear and tear corresponding to their nature and purpose, for which the buyer bears full responsibility.

F.5 If the goods are returned damaged, incomplete, or otherwise impaired, we reserve the right to claim appropriate compensation for damage by set-off against the refunded purchase price. Each case is assessed individually with regard to the extent of wear or damage. We shall inform the buyer of the result and of any reduction in the refunded amount by e-mail or by telephone.

F.6 Upon withdrawal from the sales contract, the buyer shall bear all costs associated with returning the goods to the seller, even if the goods cannot be returned by ordinary postal service due to their nature. The seller is entitled to unilaterally set off its claim for compensation for damage caused to the returned goods against the buyer’s claim for refund of the purchase price.

F.7 Upon withdrawal from the sales contract, the seller shall return to the buyer the amount received no later than fourteen (14) days from delivery of the notice of withdrawal from the contract. The refund shall be made in the same manner in which the seller received payment from the buyer, unless expressly agreed otherwise. The seller is also entitled to return the amount by another method if the buyer agrees and no additional costs are incurred thereby. However, the seller is not obliged to return the funds before the buyer returns the goods or proves that the goods have already been sent back to the seller.

Seller’s Rights and Obligations Regarding Withdrawal

F.8 The seller guarantees that at the time of acceptance by the buyer, the goods meet the usual expectations as to their condition and quality, i.e.:

  • the goods have the agreed characteristics, and if no agreement exists, they correspond to the usual characteristics described by the seller or manufacturer, or those that may reasonably be expected for that type of goods, including on the basis of presentation in advertising materials,

  • they are suitable for the purpose for which they are usually used, or which was stated by the seller,

  • their appearance, design, or quality corresponds to what was previously shown or otherwise agreed as a sample or example,

  • they were delivered in the correct quantity, size, or weight,

  • and they meet all legal requirements applicable to them.

F.9 The seller reserves the right to withdraw from the sales contract in the event of:

  • stock depletion,

  • unavailability of the goods,

  • non-payment of the purchase price by the buyer in accordance with the contractual terms,

  • discontinuation of production, import, or supply of the goods by the manufacturer, importer, or supplier.

The buyer shall be informed of this fact without undue delay at the e-mail address provided in the order. The seller shall then return to the buyer, within 14 days from the notice of withdrawal, the full amount received, including delivery costs, in the same manner in which the funds were paid, or by another method agreed with the buyer.

G. RIGHTS RELATING TO DEFECTIVE GOODS AND COMPLAINTS

Quality Warranty

G.1 If the sold goods, their packaging, enclosed instructions, or the applicable legal regulations state a period during which the goods may be used, the rules relating to a quality warranty shall apply to such statement. By providing a quality warranty, the seller undertakes that the goods will retain their usual characteristics for the specified period and will be suitable for ordinary use.

Minimum Shelf Life

G.2 All goods have a guaranteed minimum shelf life stated on the packaging, provided they are stored in a cool place up to 20 °C, in a dry environment with a maximum humidity of 40%, and without exposure to direct sunlight. Defects arising as a result of failure to comply with the recommended storage conditions may not be recognized as justified complaints. A complaint may be made especially in cases where the goods are affected by mold, rot, or pests. For the purpose of assessing the complained defect, it is necessary for the buyer to present or send the defective goods back to the supplier’s address. The complaint shall be assessed and handled with the utmost care and with the aim of ensuring customer satisfaction.

Defective Performance

G.3 The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code, as well as Act No. 634/1992 Coll., on Consumer Protection.

If a defect occurs in the goods, the buyer is entitled to submit a complaint with the seller and request:

  • replacement with new goods,

  • repair or completion of missing parts,

  • a reasonable discount on the purchase price.

The buyer has the right to withdraw from the contract in the following cases:

  • if the defect in the goods is substantial,

  • if the defect occurs repeatedly, or if the defect appears again after repair and prevents proper use of the goods,

  • if a larger number of defects occur simultaneously in the goods.

If the defect in the goods cannot be reliably proven in the usual way (for example in the case of odor or mustiness), the buyer shall send a sample of the goods for assessment by a carrier designated by the seller. In such a case, the transport costs shall be borne by the seller.

The buyer is not entitled to claims arising from defective performance if:

  • they knew about the defect before accepting the goods,

  • they caused the defect themselves.

G.4 Further rights and obligations of the parties relating to liability for defects in the goods are regulated in detail in our Complaints Procedure.

Complaints

G.5 Under consumer law (in particular Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection), the seller is obliged to accept complaints:

  • at any establishment where this is possible with regard to the range of goods,

  • at the registered office or place of business,

  • or in another manner agreed between the seller and the consumer (e.g. electronically).

G.6 The buyer chooses the method of complaint. The moment of making a complaint is deemed to be the moment when the seller receives the buyer’s expression of will by which the right arising from defective performance is exercised. A complaint may be submitted by e-mail to sklizejradost@somique.cz.

G.7 The seller, or an authorized employee, shall decide on the complaint without undue delay – usually immediately, in more complex cases no later than within three business days. This period does not include the time necessary for professional assessment of the defect, if such assessment is necessary with regard to the nature of the goods or service.

G.8 The complaint, including removal of the defect, must be settled without undue delay, no later than 30 days from the date it is made, unless the seller and the buyer agree on an extension of this period. If the seller fails to meet this deadline, this constitutes a material breach of contract, and in such a case the buyer has the right to withdraw from the contract.

G.9 If the complaint was made legitimately, the period during which the buyer cannot properly use the goods due to the defect is not included in the running of the warranty period or the period for exercising rights arising from defective performance. The buyer shall be informed of the outcome of the complaint in writing. The buyer is also entitled to reimbursement of reasonably incurred costs that arose in connection with making a legitimate complaint. The buyer must exercise this right with the seller no later than one month after the end of the warranty period.

Discount Codes and Gifts

G.10 If a gift is provided to the buyer together with the goods, the gift agreement is concluded on the condition that if the buyer withdraws from the contract is withdrawn from, or partially withdrawn from, as a result of which the conditions for receiving the gift are no longer met, the gift contract shall cease to be valid. In such a case, the buyer is obliged to return the provided gift to the seller together with the goods.

Discount codes and benefits cannot be combined and cannot be applied retroactively, reimbursed, or added after the order has been submitted.

Discount codes from influencers do not apply to wholesale.

Complaints do not apply to re-sending gifts and samples that are included in the order free of charge. If these items are not delivered, they may be sent with the next order upon request. It is necessary to remind us in the note to the order.

In the event of splitting an order with the same billing details, no entitlement arises to another gift, sample, or order discount due to the automatic merging of 2 or more orders into one parcel.

H. PERSONAL DATA PROTECTION

Personal Data

H.1 Personal data is processed in accordance with the Personal Data Processing Policy (GDPR), which can be found on our website (here).

Commercial Communications

H.2 Based on legitimate interest, we send customers marketing communications to their e-mail addresses offering similar products and services. Processing is carried out in accordance with the GDPR Regulation (EU) 2016/679. The customer may unsubscribe at any time (here).

Cookies

H.3 We use cookies on the website to ensure functionality, analyze traffic, and for marketing purposes (based on consent or legitimate interest). Cookie settings can be adjusted directly on our website (here).

Reviews

H.4 Reviews may only be submitted by customers whose purchase of the goods has been verified. A link for submitting a review is sent to the customer by e-mail unless they object to its sending. We reserve the right not to publish reviews that are untrue, contain inappropriate content, or are unrelated to the purchased product.

I. FORCE MAJEURE

I.1 In the event of force majeure, the seller shall not be liable for delay or failure to perform its obligations arising from the sales contract or these Terms and Conditions. This exclusion of liability applies for the duration of the obstacle caused by force majeure. After it ceases, the seller is obliged to continue performing its obligations without undue delay.

J. FINAL PROVISIONS

Legal Relations

J.1 Legal relations arising between the seller and the buyer shall be governed by the laws of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code, as amended. The seller undertakes to act in accordance with the applicable consumer protection legislation. If any provision of these Terms and Conditions is in conflict with mandatory provisions of legal regulations intended to protect consumers, such statutory provisions shall prevail. The seller declares that it will respect and comply with such provisions even if they are not expressly stated in these Terms and Conditions.

International Element

J.2 If the contractual relationship established by the sales contract contains an international (foreign) element, the parties agree that this relationship shall be governed by the laws of the Czech Republic. This does not affect the consumer’s rights arising from generally binding legal regulations applicable in the country of their habitual residence.

Resolution of Consumer Disputes

J.3 We handle out-of-court resolution of consumer complaints through the e-mail address: sklizejradost@somique.cz.

J.4 In accordance with Act No. 634/1992 Coll., on Consumer Protection, the buyer – consumer has the right to out-of-court settlement of a consumer dispute arising from the contractual relationship. In such a case, they may contact the Czech Trade Inspection Authority, ADR Department (alternative dispute resolution), with its registered office at Štěpánská 15, 120 00 Prague 2, e-mail: adr@coi.cz, website: https://adr.coi.cz. A proposal for out-of-court dispute resolution may be submitted no later than one year from the date on which the buyer first exercised with the seller the right that is the subject of the dispute and the dispute could not be resolved amicably.

J.5 The buyer may also use the online dispute resolution platform (ODR), available at: https://ec.europa.eu/consumers/odr. The contact point in the Czech Republic under Regulation (EU) No. 524/2013 of the European Parliament and of the Council is the European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: https://www.evropskyspotrebitel.cz.

Supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, is exercised by the Czech Trade Inspection Authority.

Final Declarations

J.6 The seller disclaims liability for damage or other harm arising as a result of providing incorrect, incomplete, or misleading information or recommendations. This applies in particular to cases where the result depends on the actions of the customer, third parties, unforeseeable circumstances, or chance, and is therefore not fully within the seller’s power to influence. This limitation of liability shall apply to the extent permitted under Section 2898 of Act No. 89/2012 Coll., the Civil Code.

J.7 If any provision of these Terms and Conditions is or becomes invalid or ineffective, the validity and effectiveness of the remaining provisions shall not be affected. Instead of the invalid or ineffective provision, a provision shall apply whose content and purpose most closely correspond to the original wording.

J.8 The seller reserves the right to amend these T&C at any time. The new wording of the T&C becomes effective on the date stated in the relevant version of the T&C. For orders placed before the effective date of the new wording, the T&C effective on the date of placing the order shall apply.

J.9 These General Terms and Conditions (T&C) come into effect on 10 March 2026.


This is an English translation of our General Terms and Conditions for the Czech market. In case of any differences, the Czech version is the official and legally binding version.