- General Terms and Conditions of Tesco Online Club Membership
- Definitions used in the Tesco Online Club General Terms and Conditions
- Conditions for applying for a Tesco Online Club Membership
- Tesco Online Club Membership
- Membership Benefits
- Apply for Tesco Online Club Membership
- Tesco Online Club Membership Plans and Membership Fee, Suspension
- Withdrawal from the Membership Contract
- Duration of the Membership Contract and Renewal
- Termination of the Membership Contract and cancellation of automatic Membership Plan renewal
- Responsibility of the Tesco
- Claims
- Out-of-court resolution of consumer disputes
- Changes to Terms and Conditions and Fees
- Others
- Tesco Contacts
1. General Terms and Conditions of Tesco Online Club Membership
These general terms and conditions (hereinafter referred to as “TOC GTC”) set forth a description and the terms of Tesco Online Club membership service of Tesco Stores ČR a.s., with its registered office at Vršovická 1527/68b, Vršovice, 100 00 Praha 10, ID number: 45308314, registered in the Commercial Register maintained by the Municipal Court in Prague Section B, insert 1377 (hereinafter referred to as “Tesco”).
Tesco Online Club is an additional membership service to the Groceries on-line service that provides various benefits to members. The TOC GTC defines the description of Tesco Online Club membership service, the conditions of its use, and regulate the rights and obligations between customers and Tesco within the framework of the service.
2. Definitions used in the Tesco Online Club General Terms and Conditions
Application: the Tesco Online Shopping website and mobile application.
Website: https://nakup.itesco.cz/groceries/ website.
Customer: the recipient of the Service, a natural person over the age of 18, who accepts the general terms and conditions of Tesco Online shopping. A legal person or a natural person–entrepreneur may not become a Customer.
Confirmation: Confirmation sent via the Interface and via email by Tesco confirming the payment of the Membership Fee.
Shopping: products as a whole selected by the Customer on the Interfaces for delivery.
Interfaces: Website and Application together.
Home delivery: the method of acceptance of the Shopping, in which Tesco delivers the Shopping selected by the Customer to the delivery address provided by the Customer.
Member: Customer with an activated Membership.
Membership: Tesco Online Club membership.
Membership Contract: Membership service agreement concluded by and between the Customer and Tesco after submitting the Request and the payment of the Membership Fee upon recieving the Confirmation.
Membership Fee: The fee charged by Tesco for the Tesco Online Club Membership. The Membership Fee is divided proportionally into monthly payments that are deducted regularly on a monthly basis for the duration of the Membership Contract.
Membership Plan: A type of the Membership, which has been determined by the duration and/or other characteristic and which includes each automatic renewal of Membership.
Renewal: Automatic renewal of the Membership Plan on the last day of the current Membership Plan unless the Member does not switch it off . Renewal is set by default while joining TOC. With the Renewal the duration of purchased Membership Plan is prolonged by the same time period.
Request: the conduct of the Customer when, after choosing the Membership Plan, clicking on the button expressing the intention for joining to submit his/her request for the Membership to Tesco.
Service: Tesco’s Groceries on-line service, which provides Customers with the opportunity to purchase products and available via the Interfaces (Tesco Online shopping).
TOC service: Tesco Online Club membership service.
Tesco Group: means Tesco's parent company and its subsidiaries, affiliates and joint ventures including Tesco itself.
Withdrawal Period: the 14 days’ period from the day of activating the Membership or day of Renewal.
3. Conditions for applying for a Tesco Online Club Membership
The Customer may apply for a Membership through the Interface and enjoy the benefits associated with a Membership for the stipulated Membership Plan. The preconditions of the Membership are that the Customer:
- has a registration and a Tesco Online shopping user account on the Interface,
- has accepted these TOC GTC and
- pays the Membership Fee.
4. Tesco Online Club Membership
The benefits of the Membership may be activated in the Tesco Online shopping user account of a Customer. All benefits of a Tesco Online Club Membership are solely related to the Member's user account and email address. The list of applicable benefits of the Membership are available to the Member after logging into the Tesco Online User Account and are specifically due to the Member when using the Service.
5. Membership Benefits
The full list of Membership benefits is presented to Customer before the Membership Contract is concluded and is also available here: https://nakup.itesco.cz/online-club. The Member acknowledges that the list of Membership benefits may change.
6. Apply for Tesco Online Club Membership
The Customer may apply for a Tesco Online Club Membership after logging in to Tesco Online shopping account on the Interfaces by selecting the appropriate Membership Plan and clicking on the button expressing the intention for joining and submitting the Request. The Customer is then directed to a secure internet bank card payment interface, on which the Customer can pay the Membership Fee related to the Membership Plan using his / her bank card details. By confirming the bank card details the customer expressly states that he or she would like to become a Member. Right after the payment is done, Tesco will send the Confirmation. Upon Confirmation of the Request the Tesco Online Club Membership Contract is concluded and Membership will be established, the Membership will be valid. From the moment of conclusion of the Membership Contract, the Tesco Online Club Membership is activated in the Member's Tesco Online user account and the Member becomes entitled to the benefits of the Tesco Online Club Membership.
The Membership will be activated before the expiry of the 14-day period for withdrawing from the Membership Contract. The right to withdraw from the contract within 14 days remains, whereby Tesco will refund the full Membership Fee paid to the Member if the Membership Contract is withdrawn.
Upon joining Tesco Online Club, the Renewal is activated, and Membership Contract will be renewed for the same period as purchased Membership Plan. Member can switch the Renewal off in his/her Tesco Online Club account till the day before the last day of his/her current Membership Plan. In such case the Membership Plan expires at the end of the stipulated period.
The Customer agrees to use the means of distance communication when concluding the Membership Contract. Expenses used for distant communication in order to submit a Request does not vary from the basic rate, i.e. the price charged by the Customer's operator for data connection. Tesco does not charge any additional fee.
7. Tesco Online Club Membership Plans and Membership Fee, Suspension
The Membership Plans and Fee are available here and via the Application.
The Membership Fee depends on the selected Membership Plan.
The Membership Fee in CZK and includes VAT.
After payment of the Membership Fee, Tesco will send the Member a receipt or invoice in accordance with the applicable legal provisions to the e-mail address associated with his / her user account.
Tesco Online Club Membership can be paid online via Visa and Master Card payment cards. No other payment method is possible.
The Membership Fee will be deducted on or after the day the Member concludes the Membership Contract and every month until the end of the Membership Contract. The debited amount and frequency depend on the chosen Membership Plan and payment option. Tesco will try and ensure the Member’s Membership Fee is deducted on the same day of each month.
The Membership Fee will also be debited automatically each time the Members’s Membership is renewed until the Member exercises his/her right to cancel Renewal according to Section X. of these GTC.
The Membership will be Suspended if Tesco is unable to process the payment of the Membership Fee. This can happen for example if a Member’s credit card has expired or there is not enough cover on it. This Membership Suspension will continue until Tesco receives the Members’ Membership Fee. If the Member does not update his/her payment card data within 41 days after the original termination date of the Membership Plan, the Membership will be cancelled. If the payment card details are updated within 41 days after the original termination date of the Membership Plan, the Membership will continue and will be extended for the period corresponding to the period of suspension. During the Membership Suspension, the Membership Fee is also suspended, and the Member cannot use the Benefits of Tesco Online Club until the payment card details in the Member's Account are updated and the Membership Fee is paid.
8. Withdrawal from the Membership Contract
Pursuant to the applicable legislation, the Member is entitled to withdraw from the Tesco Online Club Membership Contract within 14 days of the conclusion of the Membership Contract or within 14 days of the commencement of the relevant Membership Plan without giving reasons. The Member is obliged to inform Tesco of this fact.
Upon such withdrawal, the Member will not be entitled to any benefit of the Membership, given that in such cases the Membership ceases to exist upon notifying Tesco.
To exercise the right of withdrawal, the Member needs to inform Tesco of his/her decision to withdraw with an unequivocal statement made by any means of contact listed in Section XVI. For this purpose, the Member may use the sample form of contract withdrawal here or may submit withdrawal request electronically here. The deadline for contract withdrawal is maintained if the Member sends a notice regarding the exercise of the withdrawal before the expiry of the Withdrawal Period. Upon receipt of the withdrawal, i.e. after completing the form, the paid Membership Fee for the affected Membership Plan shall be credited to the Member within 14 days after the date on which Tesco received notification of withdrawal from the Member.
9. Duration of the Membership Contract and Renewal
The Membership Contract is concluded between Tesco and the Member for a fixed period of time, namely for the Membership Plan selected during the activation of the Membership by Customer. The Membership Contract is automatically and repeatedly renewed at the end of each Membership Plan unless and until the Member provides Tesco with notice to terminate the Membership.
Please see Section X. of these GTC below for further information.
By signing up for Membership, the Member authorizes Tesco to take the Membership Fee each month and when Membership automatically renews. This will be done using the payment details from the payment card that the Member has provided to Tesco upon signing up for Membership.
To Members who have cancelled the automatic renewal of the Membership Tesco will send reminders about the fact of being close to the end of the period of the Membership. If the Member requires to remain a Member of the Tesco Online Club Membership after the end of the prepaid period, she/he must activate the Membership again by purchasing a new Membership to be deleted as it is duplicaiton [DM1]
10. Termination of the Membership Contract and cancellation of automatic Membership Plan renewal
The Membership contract expires at the end of the last day of its duration if not Renewed.
If the Customer’s Tesco Online account is terminated for any reason, such termination will result the termination of the Membership as well. The Member is not entitled neither to full nor to partial refund of the Membership Fee. This does not apply if the Member cancels the Service within the Withdrawal period according to point VIII. of these TOC GTC and in the event of cancellation of the Service according to the Article XIV. of these TOC GTC.
The Member is not entitled to assign or transfer the Tesco Online Club Membership or any rights or obligations arising from it to a third party, even free of charge.
Cancellation of the automatic Membership Plan Renewal.
To stop automatic Membership Plan Renewal, the Customer must notify Tesco by visiting the My Membership Plan page or by means of contacts listed in Section XVI. If the automatic Membership Plan renewal is cancelled, the Membership Contract ceases at the end of the current Membership Plan. The Member is therefore not entitled to a refund of the already paid Membership Fee, or part of it, and has access to all the benefits of Membership until Membership is terminated. Delivery charges will apply for any order that is to be delivered after the end of the Membership Plan.
Tesco has the right to cancel Tesco Online Club Membership if Tesco has reason to suspect that the Member has violated the TOC GTC or legal provisions, and/or Member misuses the Membership.
The Member may not assign or transfer Tesco Online Club Membership or any rights or obligations arising from it to a third party, even free of charge.
11. Responsibility of the Tesco
Tesco reserves the right to temporarily suspend the TOC service for technical reasons.
Tesco shall not be liable for any damages or any other consequences incurred by Member as a result of or in connection with the conduct of individual Member, how the Interface is used by Member or other circumstances incurred by Member.
Tesco is not liable for damages caused by force majeure or for failures of the Interface caused mainly by interruptions in the power supply.
Tesco reserves the right to temporarily limit the provision of all benefits associated with the Membership. Such a limitation of the provided benefits may be caused by an extraordinary and unpredictable situation, which may lead to temporary exhaustion of Tesco's capacities (especially a state of emergency caused by the uncontrolled spread of the disease (e.g. COVID-19) or unexpected nationwide and/or local restrictions or other competent authorities).
Tesco is not responsible for the smooth, uninterrupted, error-free, and secure operation of the Interface. Tesco is not liable for advertising or promotion carried out by any third party through the Interface or for errors caused by third-party intervention on the Interface or as a result of its use contrary to its intended purpose.
Furthermore, Tesco is not responsible for the services provided by entities other than Tesco, in particular the payment system operators or rights and obligations connected to the abovementioned services provided by the third party.
12. Claims
The Member may make his/her complaint in writing or in person relating to the conclusion of the Membership Contract, or to the Membership Service. Tesco immediately investigates the oral complaints and remedies them as necessary. If the Member disagrees with the handling of his/her complaint or the complaint can not be investigated immediately, Tesco will respond in 30 days to any written complaint made in this regard.
The Member may submit complaints, suggestions, and claims concerning the Membership by means of contact listed in Section XVI., or submit a form here. Tesco notifies the Member of the manner of handling the complaint in accordance with applicable law.
13. Out-of-court resolution of consumer disputes
Out-of-court resolution of consumer disputes is a system that enables an alternative procedure in resolving disputes between consumers and entrepreneurs, outside traditional judicial proceedings. In the event of dissatisfaction, the customer may file a complaint with an out-of-court dispute resolution body, which in this case is the Czech Trade Inspection Authority, as the competent authority of state supervision. The Czech Trade Inspection has the necessary information about an alternative procedure that can be used by the consumer to resolve the dispute. For more information about the out-of-court resolution of consumer disputes, please visit the Czech Trade Inspection Authority’s website at adr.coi.cz, email: adr@coi.cz The supervisory body of Tesco in the provision of services is the Czech Trade Inspection Authority and Member can also fill a complaint to this Authority.
The Member can also use the online dispute resolution platform established by the European Commission at http://ec.europa.eu/consumers/odr/.
Tesco operates Tesco Online shopping and Tesco Online Club on the basis of a business license. The business inspection is carried out by the relevant business office within its jurisdiction.
14. Changes to Terms and Conditions and Fees
Tesco is entitled to change or supplement these TOC Terms and Conditions and Fees to a reasonable extent at any time, of which Members will be informed in advance via an e-mail message or in another suitable way so that they can easily acquaint themselves with the current version. If the Member does not agree with the change of the General Terms and Conditions or Fees of the Service, they are entitled to terminate the Membership Contract with a notice period of one month, which begins on the day following the day on which the notice was delivered to Tesco and Tesco will provide a partial refund to Member.
15. Others
These Terms and Conditions and the relationships arising from them are governed by the law of the Czech Republic.
The rights and obligations not regulated by this Chapter of Terms and Conditions are subject to the general terms and conditions of the Tesco Online shopping, which shall apply with the necessary modifications and the relevant provisions of legal regulations in force and effect in the territory of the Czech Republic. All disputes arising from this Membership, if the parties fail to reach an amicable settlement, will be resolved by the competent courts of the Czech Republic.
The Membership Contract is concluded in the Czech language and these Terms and Conditions are essential part of it. Informative English translation is available for Customers. If there is a difference between the Czech and English translation of the TOC GTC or the contents of Interfaces, the Czech version shall prevail. Membership Contract is not archived by Tesco and is not accessible to the Member. If a court of competent jurisdiction sets out the invalidity of certain provisions of the GTC, the invalidity of that provision shall not affect the other provisions of the Terms and Conditions, which will continue to remain in full force and effect.
If, in the event of single or repeated breaches of the Terms and Conditions, Tesco does not exercise its rights in relation to the breach of contract, it shall in no way be considered a waiver.
Tesco reserves its rights to terminate the Tesco Online Club without given reason. If Tesco completely terminates Tesco Online Club, the Member is entitled to a refund of an aliquot part of the paid Membership Fee, taking into account the number of months of provided Membership.
16. Tesco Contacts
- Customer Care contact - https://itesco.cz/kontakty/
- phone number: 800 222555
- e-mail: tesco_cz@tesco.com
These TOC Terms and Conditions shall enter into force on 01. 08. 2023