TRADE TERMS AND CONDITIONS FOR THE SALE OF GOODS THROUGH AN ONLINE STORE AT SPRAGA.ES

Operator: Spraga Portugal, Lda.
Registered office: 1250-038, Lisabon, Rua da Artilharia Um, 63b, Portugal 
Company ID: 517303965

Tax No.: PT517303965
Email: info@spraga.com

 

Introductory Provisions

  1. These Terms and Conditions (“Terms”) are issued in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, and govern mutual rights and obligations arising from the Purchase Contract (“Contract”) concluded between Spraga Beverages s.r.o. („Seller”) and a natural person (“Buyer”) via the Seller’s online shop available at spraga.es (“Website”).
  2. These Terms do not apply to buyers who are legal entities or individuals acting within their business activity or profession.
  3. Provisions deviating from these Terms may be agreed upon in the Contract. Deviating provisions prevail over the wording of these Terms.
  4. The Contract is concluded in Portugal language. Translations into other languages are for information purposes only, ie. non-binding.
  5. The Seller may unilaterally amend these Terms. Any change becomes effective only after publication on the Website and shall not affect rights and obligations arising under the previous version.

 

User Account

  1. The Buyer may access a user interface upon registration. Orders may also be placed without registration.
  2. The Buyer is obliged to provide true and complete information and update any changes without undue delay.
  3. Access to the user account is secured. The Buyer is responsible for maintaining the confidentiality of login credentials. The Buyer shall not allow third parties to use their user account.
  4. The Seller may cancel the user account in case of prolonged inactivity (over 12 months) or breach of obligations. Availability of the user account may be interrupted due to maintenance.

 

Conclusion of the Contract

  1. Product listings on the Website are not offers within the meaning of Section 1732(2) of the Civil Code.
  2. Prices include VAT and all applicable charges. They are valid while displayed unless individually agreed otherwise.
  3. Packaging and delivery costs are provided on the Website for deliveries within the Portugal.
  4. To place an order, the Buyer fills in the order form, including selected goods, payment and delivery method. Before submission of the order, the Buyer may review it and edit it.
  5. The Seller may request additional confirmation of the order, particularly for high value or suspicious orders.
  6. The Contract is concluded upon delivery of order acceptance to the Buyer’s email in plain text or pdf; a copy of these Terms shall be attached. The Seller shall also notify the Buyer of the despatch of the goods. The Buyer consents to communication via remote means and the use of a pdf format.
  7. Images are for illustrative purposes unless stated otherwise.
  8. The Seller may cancel orders due to unavailability, unpaid preorders, suspected fraud, or system misuse.
  9. The Seller may withdraw from the Contract before dispatch in cases where performance is not feasible or the Buyer previously breached contractual terms.
  10. For higher value orders, the Seller may verify Buyer identity.
  11. The billing and shipping addresses must be within the same country.

 

Price and Payment Terms

  1. Payments are in EUR and the payment methods are:
  • Bank transfer;
  • Online card payment;
  • PayPal
  1. The Buyer must pay the purchase price and any related charges. Payment is considered complete upon crediting the Seller’s account.
  2. The Seller may require advance payment under specific circumstances.
  3. Section 2119(1) of the Civil Code shall not apply.
  4. Discounts cannot be combined unless expressly stated.
  5. Invoices shall be issued in compliance with tax regulations.

 

 

 

Withdrawal from the Contract

  1. The Buyer may withdraw from the Contract before receipt of the goods despatch notice from the Seller. The Buyer may not withdraw from the Contract as per Section 1829 and following of the Civil Code. Section 1837 letter e) of the Civil Code applies; the goods are non-pasteurised and contain kombucha, which is a perishable product, rich in living lactobacillus cultures, therefore proper cooling within the +2°C to +8°C range must be ensured at all times.
  2. The Seller may withdraw from the Contract pre-delivery and refund the Buyer. The Seller may offset refunds against Buyer’s obligations.
  3. If the Contract is withdrawn for any reason, the Seller refunds payments to the Buyer within 14 days using the same method but may withhold refund until the goods are returned or proven dispatched.
  4. Any gifts and discounts must be returned if the Contract is withdrawn.

 

Delivery

  1. The Buyer must accept delivery to the designated address. Re-delivery or alternate delivery methods may incur additional costs. Special transport arrangements are at Buyer’s risk and cost.
  2. The goods shall be delivered within the time indicated by the delivery company selected by the Buyer when placing the purchase order, but no later than in 30 days. The Buyer must check the package at receipt and shall refuse visibly damaged shipments.

 

Defective Performance

  1. Rights and obligations concerning defective performance are governed by Sections 1914–1925, 2099 and following, and 2161 and following of the Civil Code.
  2. The Seller warrants that the goods:
  • Conform to the Contract and description;
  • Are suitable for the intended purpose;
  • Are in the agreed quantity;
  • Comply with all legal requirements;
  • Shall not expire in less than 180 days following delivery.
  1. The full defects complaint procedures of the Seller and a defects complaint form are available at link. The Seller may set additional claims procedures.
  2. Out-of-court consumer dispute resolution bodies:
  • Consumer disputes are handled by PORTUGAL.
  • The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer.
  • The European Consumer Centre Czech Republic at Štěpánská 567/15, 120 00 Prague 2 (web http://www.evropskyspotrebitel.cz) is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC.
  1. The Seller sells goods on the basis of a trade license. Trade license control is carried out by the relevant trade license office.

 

Other Provisions

  1. Ownership to the goods does not transfer before full payment of the purchase price is made.
  2. The Seller handles consumer complaints via email at info@spraga.cz. The Seller shall send information on the handling of the Buyer’s complaint to the Buyer’s email address. The Seller currently does not have any other rules or methods for handling consumer complaints.
  3. The Buyer assumes the risk of a change in circumstances as per Section 1765(2) of the Civil Code.

 

Privacy and Data Protection

  1. Personal data processing complies with Regulation (EU) 2016/679 (GDPR) and Act No. 110/2019 Coll.
  2. Privacy and data protection rights of the Buyer and the obligations of the Seller under Article 13 of the GDPR are comprehensively set in the Seller’s Privacy and Data Protection Policy (link).
  3. Buyer provides accurate personal data and updates it as necessary.
  4. Personal data is processed for Contract performance and customer communications, based on legitimate interest or consent.
  5. Blacklisted IPs or emails may be blocked to prevent fraud.
  6. Anonymised usage data may be used for service improvement.

 

Final Provisions

  1. Czech law governs the contractual relationship. Consumer protection remains unaffected.
  2. If any provision is invalid, it shall be replaced by a valid provision with similar intent.
  3. The Seller archives the Contract electronically and it is not accessible to the Buyer or any third party.
  4. These Trade Terms and Conditions are effective from 23/07/2025, are available at https://spraga.es/en/general-terms-and-conditions/. They supersede the previous version of the Trade Terms.

 

In Barcelona on 5/08/2025

Published at spraga.es on 5/08/2025.