General business terms, GDPR

business company
Vinohradský pivovar s.r.o.
registered office: Korunní 2506/106, Vinohrady, 101 00 Prague 10
identification number: 01551906
registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 208104
for the sale of goods through the online store located at https://eshop.vinohradskypivovar.cz/

INTRODUCTORY PROVISIONS

  1. TThese terms and conditions (hereinafter “Terms and Conditions”) of the business company Vinohradský pivovar s.r.o., registered office Korunní 2506/106, Vinohrady, 101 00 Prague 10, identification number: 01551906, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 208104, (hereinafter “Seller”) govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”), the mutual rights and obligations of the contractual parties arising in connection with or on the basis of a purchase contract (hereinafter “Purchase Contract”) concluded between the Seller and another natural person (hereinafter “Buyer”) through the Seller’s online store. The online store is operated by the Seller on the web page located at https://eshop.vinohradskypivovar.cz/ (hereinafter “Website”), via the web interface of the store (hereinafter “Store Interface”).
  2. The Terms and Conditions do not apply where the person intending to purchase goods from the Seller is a legal entity or a person ordering goods in the course of his/her business activity or independent profession.
  3. The Seller may amend the wording of the Terms and Conditions at any time. This provision does not affect rights and obligations arising during the effectiveness of the previous wording of the Terms and Conditions.

USER ACCOUNT

  1. Based on the Buyer’s registration carried out on the Website, the Buyer may access his/her user interface. From his/her user interface, the Buyer may place orders for goods (hereinafter “User Account”). If the Store Interface allows it, the Buyer may also place orders without registration directly via the Store Interface.
     
  2. When registering on the Website and when ordering goods, the Buyer is obliged to provide all data truthfully and correctly. The Buyer is obliged to update the data entered in the User Account whenever they change. Data provided by the Buyer in the User Account and when ordering goods are deemed by the Seller to be correct. By registering and ordering goods the Buyer confirms that he/she is at least 18 years old, that all information provided to the Seller is true, complete, accurate and correct, that by paying the purchase price he/she does not circumvent or infringe third-party rights and that he/she is entitled to use the funds used to pay for the purchase.
  3. Access to the User Account is secured by a username and password. The Buyer is obliged to keep confidential the information necessary to access his/her User Account.
  4. The Buyer is not entitled to allow third parties to use the User Account and must ensure that no one uses his/her User Account without his/her knowledge.
  5. The Seller may cancel the User Account at any time, especially where the Buyer does not use his/her User Account for a prolonged period or where the Buyer breaches his/her obligations under the Purchase Contract.
  6. The Buyer acknowledges that the User Account may not be available continuously, particularly with regard to necessary maintenance of the Seller’s hardware and software equipment or the necessary maintenance of third parties’ hardware and software equipment.
     

CONCLUSION OF THE PURCHASE CONTRACT

  1. All product presentations placed in the Store Interface are informative in nature. Section 1732(2) of the Civil Code does not apply.
  2. The Store Interface contains information about the goods, including the prices of individual goods. Prices are stated inclusive of value added tax. Prices remain effective while they are displayed in the Store Interface. 
  3. The Store Interface also contains information on costs associated with delivery of the goods. Information on delivery costs displayed in the Store Interface applies only when goods are delivered within the territory of the Czech Republic.
  4. To order goods, the Buyer fills in the order form in the Store Interface. The order form contains in particular information about: 
    1. the ordered goods (the Buyer “places” the ordered goods into the electronic shopping cart of the Store Interface),
    2. the method of payment of the purchase price, the requested method of delivery of the ordered goods, and
    3. information on costs associated with delivery of the goods (together hereinafter the “Order”).
  5. Before sending the Order to the Seller, the Buyer is allowed to review and modify the data entered in the Order and is enabled to detect and correct errors made when entering data into the Order. The Buyer sends the Order to the Seller by clicking the “Complete order” button. Data stated in the Order are deemed correct by the Seller. The Seller shall promptly confirm receipt of the Order to the Buyer by electronic mail to the Buyer’s e-mail address stated in the User Account or in the Order (hereinafter “Buyer’s e-mail address”).
  6. Depending on the nature of the Order (quantity of goods, purchase price, anticipated shipping costs), the Seller is always entitled to request additional confirmation of the Order from the Buyer (e.g., in writing or by telephone).
  7. The contractual relationship between the Seller and the Buyer is established upon delivery of the acceptance of the Order (acceptance), which the Seller sends to the Buyer by electronic mail to the Buyer’s e-mail address.
  8. The Buyer agrees to the use of means of remote communication for concluding the Purchase Contract. Costs incurred by the Buyer when using means of remote communication in connection with the conclusion of the Purchase Contract (internet connection costs, telephone costs) shall be borne by the Buyer, provided that these costs do not differ from the basic rate.
  9. The Order is binding on the Buyer from the moment it is completed on the Store Interface. It may be changed only by the Seller if an authorized employee of the Seller contacts the Buyer by telephone or by electronic mail for the purpose of informing the Buyer that the ordered goods or any individual item thereof are not available at the time of dispatch.
     

PRICE OF THE GOODS AND PAYMENT TERMS

  1. The Buyer may pay the price of the goods and any delivery costs due under the Purchase Contract to the Seller by the following methods:
    - in cash at the Seller’s premises at Vinohradský pivovar s.r.o., Korunní 2506/106, Vinohrady, 101 00 Prague 10;
    - cashless transfer to the Seller’s account no. 115-404980287 / 0100, kept at Komerční banka, a.s. (hereinafter “Seller’s Account”);
    1. cashless via the PayPal payment system;
    2. cashless by payment card.
  2. Together with the purchase price, the Buyer is obliged to pay the Seller the agreed delivery costs. Unless expressly stated otherwise, the purchase price is understood to include delivery costs.
  3. The Seller does not require a deposit or other similar payment from the Buyer. This provision does not affect the Terms and Conditions regarding the obligation to pay the purchase price in advance.
  4. In case of cash payment the purchase price is payable upon receipt of the goods. In case of cashless payment the purchase price is due within 3 days from the conclusion of the Purchase Contract.
  5. In case of cashless payment the Buyer is obliged to pay the purchase price using the stated variable symbol. The Buyer’s obligation to pay the purchase price by cashless payment is fulfilled once the relevant amount is credited to the Seller’s account.
  6. The Seller is entitled to request payment of the entire purchase price before dispatching the goods to the Buyer. Section 2119(1) of the Civil Code does not apply.
  7. Any discounts provided by the Seller to the Buyer cannot be combined.
  8. If customary in trade or required by generally binding legal regulations, the Seller shall issue a tax document – an invoice – for payments made under the Purchase Contract. The Seller is a payer of value added tax. The Seller shall issue an invoice to the Buyer after the purchase price has been paid and shall send it electronically to the Buyer’s e-mail address.
  9. Under the Act on the Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. The Seller is also obliged to record the received payment online with the tax administrator.
     

WITHDRAWAL FROM THE PURCHASE CONTRACT

  1. The Buyer has the right to withdraw from the Purchase Contract pursuant to Section 1829(1) of the Civil Code within fourteen (14) days from receipt of the goods. Withdrawal must be delivered to the Seller within the period stated in the previous sentence. The Buyer may send his/her withdrawal from the Purchase Contract, among other means, to the Seller’s place of business or to the Seller’s e-mail address eshop@vinohradskypivovar.cz. For the purpose of complaints, the Buyer is obliged to keep the goods in accordance with the instructions stated on the product packaging.
  2. If the Buyer withdraws from the Purchase Contract, the Purchase Contract is cancelled from the beginning. The goods must be returned by the Buyer to the Seller within fourteen (14) days from delivery of the withdrawal to the Seller. If the Buyer withdraws from the Purchase Contract, the Buyer bears the costs associated with returning the goods to the Seller, even if the goods cannot be returned by ordinary postal means due to their nature.
  3. In case of withdrawal from the Purchase Contract, the Seller shall return funds received from the Buyer within fourteen (14) days from the Buyer’s withdrawal, using the same method as used by the Buyer to pay, unless the Buyer agrees to another method that does not incur any additional costs for the Buyer. The Seller is also entitled to return the performance provided by the Buyer upon return of the goods by the Buyer or by other means if the Buyer agrees. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the received funds before the Buyer returns the goods to the Seller or proves that the goods were dispatched to the Seller.
  4. The Seller is entitled to unilaterally set off any claim for damage to the goods against the Buyer’s claim for a refund of the purchase price.
  5. Where the Buyer has the right to withdraw from the Purchase Contract under Section 1829(1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time up to the moment the goods are taken over by the Buyer. In such case the Seller shall return the purchase price to the Buyer without undue delay, cashlessly to the account designated by the Buyer.
  6. The Buyer returns the goods complete and undamaged. When withdrawing from the Purchase Contract and subsequently returning the goods, the Buyer is liable to the Seller only for any diminution in the value of the goods resulting from handling other than what is necessary to ascertain the nature, characteristics and functioning of the goods.
  7. The Seller is entitled to verify the Buyer’s age in connection with the sale of goods by inspecting the Buyer’s identity document. If the required age is not proven, the Seller is entitled to withdraw from the Purchase Contract and to claim reimbursement of costs incurred in connection with the Order.
     

TRANSPORT AND DELIVERY OF GOODS

  1. If a delivery method has been agreed based on a special request by the Buyer, the Buyer bears the risk and any additional costs associated with that delivery method.
  2. If under the Purchase Contract the Seller is obliged to deliver the goods to the place specified by the Buyer in the Order, the Buyer is obliged to accept the goods upon delivery.
  3. If, for reasons on the Buyer’s side, it is necessary to deliver the goods repeatedly or otherwise than stated in the Order, the Buyer is obliged to pay the costs associated with repeated delivery or other method of delivery.
  4. When taking over the goods from the carrier, the Buyer is obliged to check the integrity of the packaging and immediately notify the carrier of any defects. If the Buyer finds damage to the packaging indicating unauthorized entry into the shipment, the Buyer may refuse to take over the shipment from the carrier. This does not affect the Buyer’s rights arising from liability for defects and other rights pursuant to generally binding legal regulations.
  5. Additional rights and obligations of the parties concerning the transport of goods may be set out in special delivery terms issued by the Seller, if any.
     

RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

  1. Rights and obligations of the contractual parties regarding rights from defective performance shall be governed by the applicable generally binding laws (in particular the provisions of Sections 1914–1925, 2099–2117 and 2161–2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
  2. If the sold goods indicate a period for which the goods can be used, the provisions on warranty for quality shall apply. Under the warranty for quality, the Seller undertakes that the goods will be fit for use for their usual purpose for a certain period or that they will retain their usual properties. If the Buyer rightfully points out a defect to the Seller, the time for asserting rights from defective performance and the warranty period shall not run for the time during which the Buyer cannot use the defective goods.
  3. The Buyer can assert rights for defects in particular personally at the address Vinohradský pivovar s.r.o., Korunní 2506/106, Vinohrady, 101 00 Prague 10, by telephone at +420 607 040 120, or by electronic mail at eshop@vinohradskypivovar.cz.
  4. If the goods do not have the agreed properties, the Buyer may demand delivery of new goods without defects, unless this is disproportionate given the nature of the defect; if not possible, the Buyer may withdraw from the contract. If it is disproportionate given the nature of the defect, particularly if the defect can be remedied without undue delay, the Buyer has the right to have the defect remedied free of charge. If the Buyer does not withdraw from the contract or does not demand delivery of new defect-free goods, he/she may demand a reasonable discount. The Buyer is entitled to a reasonable discount also in cases where the Seller cannot deliver new defect-free goods, or where the Seller does not remedy the defect within a reasonable time or where remedying the defect would cause significant inconvenience to the Buyer.
  5. Anyone entitled under Section 1923 of the Civil Code is also entitled to reimbursement of costs reasonably incurred in exercising this right. However, if this right to reimbursement is not exercised within one month after the expiry of the period within which the defect should have been notified, the court shall not grant the right if the Seller alleges that the right to reimbursement was not exercised in time.
  6. Further rights and obligations of the parties related to the Seller’s liability for defects may be governed by the Seller’s complaint procedure.

OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTUAL PARTIES

  1. The Buyer acquires ownership of the goods by paying the full purchase price for the goods.
  2. The Seller is not bound to the Buyer by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.
  3. Consumer complaints are handled by the Seller via the e-mail address eshop@vinohradskypivovar.cz. The Seller will send information on the complaint resolution to the Buyer’s e-mail address.
  4. The Czech Trade Inspection Authority, based at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: https://adr.coi.cz/cs, is competent for out-of-court resolution of consumer disputes arising from the Purchase Contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the Seller and the Buyer arising from the Purchase Contract.
  5. The European Consumer Centre Czech Republic, based at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point under 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.
  6. The Seller is authorized to sell goods based on a trade license. Trade supervision is carried out by the competent trade licensing office within its competence. Supervision over personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, within its defined scope, the observance of Act No. 634/1992 Coll., on Consumer Protection, as amended.
  7. The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
     

PERSONAL DATA PROTECTION

  1. The Seller fulfils its information obligation towards the Buyer under Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council (General Data Protection Regulation – GDPR) concerning processing of the Buyer’s personal data for the purposes of performance of the Purchase Contract, for the purposes of negotiations concerning the Purchase Contract and for the purposes of fulfilling public-law obligations, through a separate document.
     

SENDING OF COMMERCIAL MESSAGES AND COOKIE STORAGE

  1. The Buyer consents pursuant to Section 7(2) of Act No. 480/2004 Coll., on certain information society services and on amendment of certain acts (the Act on Certain Information Society Services), as amended, to the sending of commercial messages by the Seller to the Buyer’s e-mail address or telephone number. The Seller fulfils its information obligation to the Buyer under Article 13 of the GDPR with regard to processing personal data for the purpose of sending commercial messages through a separate document.
  2. The Website operator uses cookies for the collection of anonymous data and for analytical purposes in its presentation. By using the Website the User agrees to the use of this technology.
  3. Google Analytics
    The Google Analytics service uses cookies, which are text files stored on your computer that allow analysis of how users use this site. The information generated by the cookie about your use of the site (including your IP address) will be transmitted to and stored by Google on servers in the United States.
    Google will use this information for the purpose of evaluating your use of the site, compiling reports on site activity for site operators and providing other services relating to site activity and internet usage. Google may also transfer this information to third parties if required by law or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse cookies by selecting the appropriate settings in your browser; however, please note that if you do so you may not be able to use the full functionality of this site. By using this site you consent to the processing of data about you by Google in the manner and for the purposes set out above.
    Contact details of the Website operator for matters relating to these Terms: web@vinohradskypivovar.cz.
    Matters not expressly regulated by these Terms are governed by the GDPR and the legal order of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code, as amended.

DELIVERY OF DOCUMENTS

  1. Documents may be delivered to the Buyer at the Buyer’s e-mail address.
     

FINAL PROVISIONS

  1. If the relationship arising from the Purchase Contract contains an international element, the parties agree that the relationship shall be governed by Czech law. The choice of law under the previous sentence does not deprive the Buyer who is a consumer of the protection afforded by provisions of the legal order from which parties cannot derogate, and which would apply in the absence of a choice of law pursuant to Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
  2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes so, it shall be replaced by a provision whose meaning is closest to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions.
  3. The Purchase Contract including the Terms and Conditions is archived by the Seller in electronic form and is not accessible.
  4. An annex to the Terms and Conditions consists of a sample form for withdrawal from the Purchase Contract.
  5. Seller’s contact details: delivery address Vinohradský pivovar s.r.o., Korunní 2506/106, Vinohrady, 101 00 Prague 10, e-mail address eshop@vinohradskypivovar.cz, telephone +420 607 040 120