GENERAL TERMS AND CONDITIONS
MUSA catering s.r.o.
Article I
Preamble
1.1. These General Terms and Conditions (hereinafter referred to as the “GTC”) apply to catering and other food services provided by MUSA catering s.r.o., Company ID No.: 246 85 992, with its registered office at Bednářská 1024/4, Libeň, 180 00 Prague 8, Czech Republic (hereinafter referred to as the “Company”, the “Seller” or the “Supplier”) to the customer (hereinafter referred to as the “Buyer”) and are binding on both contractual parties.
1.2. The Buyer may be either a consumer or an entrepreneur.
1.3. By entering into a contract with the Company, the Buyer confirms that they have familiarised themselves with these GTC, which are also available on the Company’s website at
https://www.musacatering.cz/obchodni-podminky.
1.4. In accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), these GTC govern the mutual rights and obligations of the contractual parties arising in connection with or on the basis of a purchase contract and a contract for the provision of related services (hereinafter referred to as the “Purchase Contract”), concluded between the Seller and the Buyer, inter alia, by telephone, e-mail or via the Supplier’s website www.musacatering.cz (hereinafter referred to as the “Website”).
1.5. Deviating provisions from these GTC may be agreed upon in the Purchase Contract. Any such deviating provisions shall prevail over the provisions of the GTC. These GTC form an integral part of the Purchase Contract. The Seller may amend or supplement the wording of the GTC. This shall not affect the rights and obligations arising during the validity of the previous version of the GTC.
Article II
Conclusion of the Contract
2.1. Any presentation of goods on the Website is for informational purposes only and does not constitute an obligation of the Seller to conclude a Purchase Contract in respect of such goods. Section 1732(2) of the Civil Code shall not apply.
2.2. A request for catering services submitted by the Buyer to the Seller shall be considered a proposal to conclude a Purchase Contract. Upon receipt of the request, the Seller shall verify the feasibility of its fulfilment, in particular with regard to the requested assortment, date and place of delivery. The Seller shall prepare an offer including a price calculation for refreshments and related services (service staff, transport, inventory, furniture, and any additional services according to the Buyer’s requirements) and shall send it to the Buyer in the form of a draft order.
2.3. The Buyer shall confirm acceptance of the draft order and thus the conclusion and binding nature of the contract in writing by e-mail. The confirmation must be made within two (2) business days from the date the draft order was delivered to the Buyer, except where delivery occurs during a public holiday or non-working day, in which case confirmation shall be made on the next business day. If the Buyer is an entrepreneur, they are obliged to state their identification details in the order confirmation.
2.4. Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated transport costs), the Seller is entitled to request additional confirmation or specification of the order (e.g. in writing or by telephone), if deemed necessary for proper performance of the contract.
2.5. Due to the complexity of production of certain products, the Supplier may determine a minimum order quantity.
2.6. The contractual relationship between the Seller and the Buyer is established upon delivery of the order acceptance (confirmation), which is sent by the Seller to the Buyer by e-mail to the Buyer’s e-mail address.
2.7. The Buyer and the Seller agree to use means of distance communication (e-mail) when concluding the Purchase Contract.
Article III
Provision of Catering Services and Delivery Terms
3.1. Catering services shall be provided on the date specified in the order, and the Supplier shall ensure the course of the catering event in accordance with the Purchase Contract. All conditions of performance (composition of catering services, place of performance, timing, transport, staffing, provision of inventory and furniture) shall be agreed in advance by both parties. Any changes shall be handled ad hoc by mutual agreement. All changes must be made no later than five (5) business days prior to the scheduled catering event.
3.2. The method of transport shall always be agreed upon by the contractual parties. If the method of transport is agreed based on a specific request of the Buyer, the Buyer shall bear the risk and costs associated with such transport.
3.3. If the Seller is obliged under the Purchase Contract to deliver goods to a place designated by the Buyer in the order, the Buyer is obliged to accept the goods upon delivery.
3.4. If, for reasons attributable to the Buyer, it is necessary to deliver the goods repeatedly or in a manner different from that specified in the order, the Buyer shall bear all costs associated with repeated delivery or an alternative method of delivery.
3.5. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging, the condition of the delivered goods and their quantity. Any visible defects must be reported to the carrier immediately upon receipt; otherwise, the Buyer’s rights arising from visible defects shall expire. This shall not affect the Buyer’s rights arising from liability for hidden defects or other rights under generally binding legal regulations.
Article IV
Payment Terms
4.1. The price of the goods and any costs associated with delivery pursuant to the Purchase Contract (hereinafter referred to as the “Purchase Price”), or an advance payment towards the Purchase Price, may be paid by the Buyer to the Seller by bank transfer, via a payment gateway, or in cash. The service price usually includes costs related to packaging and delivery, unless agreed otherwise.
4.2. The Seller is entitled to require an advance payment for ordered catering services up to the full amount of the Purchase Price. The advance payment, or any remaining balance, shall be due within ten (10) days from the date of issuance of the (advance) invoice, unless agreed otherwise. In the event of non-payment of the advance payment, the Seller is not obliged to deliver the ordered goods and may withdraw from the contract in writing with immediate effect.
4.3. In the case of cash payment, the Purchase Price shall be payable upon conclusion of the Purchase Contract.
4.4. In the case of non-cash payment by bank transfer, the Buyer is obliged to pay the Purchase Price together with the specified payment reference. The Buyer’s obligation is fulfilled at the moment the relevant amount is credited to the Seller’s bank account.
4.5. The Seller is entitled, particularly in cases where the Buyer fails to provide additional confirmation of the order (Article 2.4), to require payment of the full Purchase Price prior to dispatch of the goods. Section 2119(1) of the Civil Code shall not apply.
Article V
Modification, Cancellation and Complaints
5.1. Any increase or decrease in the scope of ordered catering services or goods may only be made upon prior written agreement with the Seller and always subject to an individually agreed surcharge. The Seller shall determine, based on capacity, whether such changes are possible. For confirmed orders, the volume may be reduced by a maximum of 15% of the total order no later than seven (7) business days before the catering event. The adjusted price shall be calculated individually with regard to costs already incurred due to reservation of the date.
5.2. The Buyer may cancel a catering event or other services free of charge no later than fourteen (14) business days before the event date. In the event of cancellation between fourteen (14) and seven (7) business days prior to the event, a cancellation fee of 30% of the total order value (excluding VAT) shall apply. If cancelled between seven (7) and four (4) business days prior, the fee shall be 40%; between four (4) business days and forty-eight (48) hours prior, 50%; and less than forty-eight (48) hours prior to the event, 80% of the order value.
Article VI
Termination of the Contract
6.1. The Buyer – consumer acknowledges that, pursuant to Section 1837 of the Civil Code, it is not possible to withdraw from a purchase contract for goods made to the Buyer’s specifications or personalised for the Buyer, goods subject to rapid deterioration, goods irreversibly mixed with other goods after delivery, sealed goods unsealed by the consumer for hygienic reasons, or audio/video recordings or computer software if their original packaging has been broken.
Article VII
Communication Between the Parties
7.1. Communication between the parties shall primarily take place by e-mail. For the Seller, relevant e-mail addresses are info@musacatering.cz, zuzana@musacatering.cz, jakub@musacatering.cz, simon@musacatering.cz. For the Buyer, the relevant e-mail address is the one provided in the inquiry form on the Seller’s Website. Telephone communication is available at +420 724 486 028.
7.2. The Buyer agrees, pursuant to Section 7(2) of Act No. 480/2004 Coll., on certain information society services, as amended, to receive commercial communications from the Seller at their electronic address or telephone number. The Seller fulfils its information obligation under Article 13 of the GDPR regarding the processing of personal data for marketing purposes through a separate document.
7.3. The Buyer agrees to the storage of cookies on their computer. If purchases and performance of contractual obligations are possible without the use of cookies, the Buyer may withdraw this consent at any time.
Article VIII
Personal Data Protection
The Seller fulfils its information obligation towards the Buyer under Article 13 of the GDPR regarding the processing of the Buyer’s personal data for the purposes of performance of the Purchase Contract, negotiations thereof and compliance with public law obligations through a separate document.
Article IX
Final Provisions
9.1. The Seller is authorised to sell goods and provide catering services on the basis of a valid trade licence.
9.2. Relationships not expressly governed by these GTC or by specific agreements between the parties shall be governed by generally binding legal regulations of the Czech Republic, in particular the Civil Code (Act No. 89/2012 Coll.).
9.3. If the other contracting party is a consumer, relationships not governed by the GTC shall be governed by the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended. Out-of-court handling of consumer complaints is provided by the Seller via the e-mail address zuzana@musacatering.cz. Information on the handling of a complaint shall be sent to the Buyer’s e-mail address. Any dispute between the Buyer and the Seller may also be resolved out of court through an alternative dispute resolution body, such as the Czech Trade Inspection Authority (http://www.coi.cz/), or online via the ODR platform at
https://ec.europa.eu/consumers/odr/.
9.4. If the contractual relationship contains an international element, the parties agree that it shall be governed by Czech law. This choice of law shall not deprive a consumer Buyer of the protection afforded by mandatory provisions of the law that would otherwise apply pursuant to Article 6(1) of Regulation (EC) No. 593/2008 (Rome I).
9.5. If any provision of these GTC is or becomes invalid or ineffective, such invalidity or ineffectiveness shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision whose meaning is as close as possible to the original intent.
These General Terms and Conditions are valid and effective as of 1 May 2025.
In Prague on 1 May 2025
MUSA catering s.r.o.
Zuzana Vencourová
Managing Director
