TERMS AND CONDITIONS
1. INTRODUCTORY PROVISIONS
1.1. These terms and conditions regulate, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising from the purchase agreement (hereinafter referred to as the "purchase agreement") concluded between the seller and another natural or legal person (hereinafter referred to as the "buyer") through the online store of the seller.
Contact Information of the Seller:
Name: Aleš Kocvera, Klášterní pivovar Strahov
Address: Strahovské nádvoří 301, Prague 1, 11800
Identification Number (IČ): 67183948
Tel.: +420 734 852 382
The online store is operated by the seller at the web address http://www.klasterni-pivovar.cz, through the web interface of the store (hereinafter referred to as the "web interface").
1.2. These terms and conditions also regulate the rights and obligations of the contracting parties when using the seller's website located at www.klasterni-pivovar.cz (hereinafter referred to as the "website") and other related legal relationships.
1.3. Deviations from these terms and conditions can be agreed upon in the purchase agreement. Deviating provisions in the purchase agreement take precedence over the provisions of these terms and conditions.
1.4. These terms and conditions form an integral part of the purchase agreement. The purchase agreement and the terms and conditions are drawn up in the Czech language. The purchase agreement can be concluded in the Czech language.
1.5. The wording of these terms and conditions may be amended or supplemented by the seller. The version of the terms and conditions available on the website on the day of concluding the purchase agreement shall apply.
1.6. The seller informs that they are a registered seller and distributor of spirits in accordance with Act No. 307/2013 Coll. on mandatory labeling of spirits, and they are authorized to sell to both end consumers and businesses for further resale, provided that such a business entity proves that they are also authorized to sell spirits in accordance with Act No. 307/2013 Coll.
2. PRODUCT PRICE AND PAYMENT TERMS
2.1. The buyer can pay the purchase price of the goods and any costs associated with the delivery of the goods under the purchase agreement to the seller by the following means:
- Payment card upon personal pickup at the seller's establishment specified in point 1. The purchase price is payable upon receipt of the goods.
- Payment card via the web interface.
2.2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount according to the order placed through the seller's website. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
2.3. The seller is entitled, especially in cases where the buyer fails to provide additional confirmation of the order (clause 3.6), to demand full payment of the purchase price before sending the goods to the buyer. Section 2119(1) of the Civil Code shall not apply.
2.4. Any discounts on the purchase price granted by the seller to the buyer cannot be combined.
2.5. If it is customary in business transactions or required by generally binding legal regulations, the seller will issue a tax document - an invoice regarding payments made based on the purchase agreement to the buyer. The seller is a value-added tax payer. The seller will issue the tax document - invoice to the buyer after the payment of the goods is made and will send it electronically to the buyer's email address.
3. WITHDRAWAL FROM THE PURCHASE AGREEMENT
3.1. The buyer acknowledges that, according to the provisions of Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from the purchase agreement for the supply of goods that have been customized according to the buyer's wishes or for their personal use, from the purchase agreement for the supply of perishable goods, as well as goods that have been irreversibly mixed with other goods after delivery, from the purchase agreement for the supply of goods in a sealed package that the consumer has opened and that cannot be returned for hygienic reasons.
3.2. Unless it is a case specified in Article 5.1 or another case where withdrawal from the purchase agreement is not possible, the buyer, who is a consumer, has the right to withdraw from the purchase agreement in accordance with Section 1829 (1) of the Civil Code within fourteen (14) days from the receipt of the goods. In the case where the subject of the purchase agreement is several types of goods or the delivery of several parts, this period runs from the receipt of the last delivery of goods. The withdrawal from the purchase agreement must be sent to the seller within the period mentioned in the preceding sentence. The buyer may use the sample form provided by the seller for withdrawing from the
purchase agreement, which is attached to the terms and conditions. The buyer may send the withdrawal from the purchase agreement to the address of the seller's establishment or to the seller's email address email@example.com, among others.
3.3. In the event of withdrawal from the purchase agreement by the buyer, who is a consumer, according to Article 5.2 of the terms and conditions, the purchase agreement is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days from the withdrawal from the agreement. If the buyer withdraws from the purchase agreement in this way, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by regular mail due to their nature.
3.4. In the case of withdrawal from the agreement according to Article 5.2 of the terms and conditions, the seller shall refund the funds received from the buyer within fourteen (14) days from the buyer's withdrawal from the purchase agreement, using the same means of payment that the seller received from the buyer. The seller is also entitled to refund the performance provided by the buyer upon the return of the goods by the buyer or by another means agreed with the buyer, provided that no additional costs are incurred by the buyer. If the buyer withdraws from the purchase agreement, the seller is not obliged to refund the received funds to the buyer before the buyer returns the goods.
3.5. The buyer acknowledges that if the returned goods are damaged, worn out, or partially consumed, the seller has the right to claim compensation for the damage incurred. The seller is entitled to unilaterally set off the claim for compensation against the buyer's claim for a refund of the purchase price.
3.6. Until the buyer takes over the goods, the seller is entitled to withdraw from the purchase agreement at any time. In such a case, the seller shall promptly refund the purchase price to the buyer, by non-cash transfer to the account specified by the buyer.
3.7. If a gift is provided to the buyer together with the goods, a gift agreement between the seller and the buyer is concluded with a dissolving condition that if the buyer withdraws from the purchase agreement, the gift agreement regarding such gift loses its effect, and the buyer is obliged to return the provided gift to the seller together with the goods.
4. IMPLEMENTATION, TRANSPORTATION, AND DELIVERY OF GOODS
4.1. If the method of transportation is agreed upon based on the buyer's specific request confirmed by the seller, the buyer bears the risk and any additional costs associated with this method of transportation.
4.2. If, according to the purchase agreement, the seller is obligated to deliver the goods to the location specified by the buyer in the order, the buyer is required to accept the goods upon delivery.
4.3. If, due to reasons on the buyer's side, it is necessary to deliver the goods repeatedly or in a different manner than stated in the order, the buyer is responsible for covering the costs
associated with the repeated delivery of the goods or the costs associated with an alternative method of delivery.
4.4. Upon receiving the goods from the carrier, the buyer is obliged to check the integrity of the packaging and immediately notify the carrier of any defects. In case of finding any damage to the packaging indicating unauthorized access to the shipment, the buyer is not obligated to accept the shipment from the carrier.
4.5. The seller reserves the right to determine or change the method of transportation, taking into account the volume, weight of the delivery, and transportation safety. Any change in the method of transportation by the seller's decision may affect the agreed amount of postage and handling fees. In such a case, the buyer will be informed by phone.
4.6. Orders that are not paid or picked up within 14 days of ordering will be automatically canceled, and in such a case, the Seller automatically withdraws from the contract. It is necessary to place a new order or enter into a new purchase agreement in such cases.
4.7. The goods will be dispatched by the seller or made ready for pickup within 5 working days from the date of concluding the purchase agreement. If the ordered goods are not in stock, the seller will promptly inform the buyer about a possible alternative delivery date, considering the distributor's options.
4.8. Additional rights and obligations of the parties regarding the transportation of goods may be regulated by special delivery conditions issued by the seller.
5. RIGHTS REGARDING DEFECTIVE PERFORMANCE, WARRANTY
5.1. Rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant mandatory provisions (in particular, provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code).
5.2. The seller guarantees to the buyer that the goods are free from defects upon delivery. In particular, the seller guarantees to the buyer that at the time of the buyer's acceptance of the goods:
5.2.1. the goods have the qualities agreed upon by the parties, and if there are no specific agreements, they have the qualities described by the seller or the manufacturer, or qualities that the buyer can expect given the nature of the goods and based on the advertising conducted by them;
5.2.2. the goods are suitable for the purpose stated by the seller for its use or for the usual purpose for goods of this kind;
5.2.3. the goods correspond to the agreed quality or design, if the quality or design was determined according to an agreed sample or model;
5.2.4. the goods are of the appropriate quantity, size, or weight; and
5.2.5. the goods comply with the requirements of legal regulations.
5.3. The provisions stated in Article 7.2 of the terms and conditions do not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear caused by the normal use of the goods, or to used goods for defects corresponding to the degree of use or wear and tear that the goods had at the time of their acceptance by the buyer, unless it arises from the nature of the goods.
5.4. The buyer asserts their rights from defective performance to the seller at the address of their establishment, where the acceptance of complaints is possible with respect to the range of goods sold, or alternatively at the registered office or place of business. The moment of asserting a complaint is considered to be the moment when the seller receives the complained goods from the buyer.
5.6. In the case of goods that are not perishable or used items, the seller is liable for defects that manifest as a discrepancy with the purchase agreement after the acceptance of the goods during the warranty period. The warranty period is indicated on the product and may vary. The seller does not sell expired products on their website. The warranty period starts from the receipt of the package by the carrier.
5.7. Deadlines for asserting a complaint:
The warranty period for non-food products is 24 months from the customer's receipt of the goods. The warranty period for food products is 8 days from the customer's receipt of the goods. Defects in food products intended for rapid consumption must be reported by the customer no later than the day after the purchase.
5.8. In the case of a complaint, the buyer contacts the seller by email, providing their telephone number, other contact details, and the order number. The seller will contact the buyer within 30 days and arrange the complaint procedure.
5.9. Further rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.
6. ADDITIONAL RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
6.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
6.2. The seller is not bound by any codes of conduct towards the buyer within the meaning of Section 1826 (1) (e) of the Civil Code.
6.3. The seller is authorized to sell goods based on a trade license. The relevant trade authority carries out trade inspections within its scope of competence. The Office for Personal Data Protection exercises supervision in the area of personal data protection. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
6.4. The buyer acknowledges that the software and other components comprising the web interface of the store (including photographs of the offered goods) are protected by copyright. The buyer undertakes not to engage in any activity that could enable unauthorized interference with or use of the software or other components comprising the web interface of the store, whether for themselves or for third parties.
6.5. The buyer is not authorized to use mechanisms, software, or other procedures that could have a negative impact on the operation of the web interface of the store while utilizing it. The web interface of the store may only be used to the extent that it does not infringe upon the rights of other customers of the seller and is in accordance with its intended purpose.
The buyer acknowledges that the seller is not responsible for any errors resulting from third-party interference with the website or from the use of the website contrary to its intended purpose.
7. PERSONAL DATA PROTECTION
7.1. The protection of personal data of the buyer, who is a natural person, is provided in accordance with Act No. 101/2000 Coll., on Personal Data Protection, as amended.
7.2. The buyer agrees to the processing of the following personal data: name and surname, residential address, identification number, tax identification number, email address, telephone number (hereinafter collectively referred to as "personal data").
7.3. The buyer agrees to the processing of personal data by the seller for the purpose of fulfilling the rights and obligations under the purchase agreement and, if applicable, for the purpose of maintaining a user account and managing the customer database. Unless the buyer sends a message to the seller's email address stating their objection to receiving commercial communications, the buyer also agrees to the processing of personal data by the seller for the purpose of sending information and commercial communications to the buyer. The consent to the processing of personal data in its entirety as specified in this article is not a requirement that would, on its own, prevent the conclusion of the purchase agreement. The consent is expressed by checking the relevant box in the order form.
7.4. The buyer acknowledges that they are obliged to provide their personal data (during registration, in their user account, when placing an order through the web interface of the store) correctly and truthfully, and that they are obliged to inform the seller without undue delay of any changes in their personal data.
7.5. The seller may engage a third party as a processor to process the buyer's personal data. Personal data will not be disclosed to third parties by the seller without the prior consent of the buyer, except for persons involved in the delivery of goods.
7.6. Personal data will be processed for the necessary period, but no longer than 10 years. Personal data will be processed electronically in an automated manner or in printed form in a non-automated manner.
7.7. The buyer confirms that the provided personal data is accurate and has been informed that the provision of personal data is voluntary.
7.8. If the buyer requests information about the processing of their personal data, the seller is obliged to provide this information. The seller has the right to request reasonable compensation not exceeding the costs necessary to provide the information. The buyer is entitled to revoke their consent to the processing of personal data at any time.
8. SENDING COMMERCIAL COMMUNICATIONS AND COOKIE USAGE
8.1. The buyer, under the conditions specified in Article 9 of these terms and conditions, agrees to receive information related to the goods, services, or business of the seller to the buyer's electronic address, and further agrees to receive commercial communications from the seller to the buyer's electronic address.
8.2. The buyer agrees to the storage of so-called "cookies" on their computer. If it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase agreement without storing "cookies" on the buyer's computer, the buyer may revoke their consent to the previous sentence at any time.
9.1. Unless otherwise agreed, all correspondence related to the purchase agreement must be delivered to the other contracting party in writing, either by electronic mail, in person, or by registered mail through a postal service provider (at the sender's choice). The buyer is delivered to the email address provided in their user account.
9.2. The message is considered delivered:
9.2.1. in the case of delivery by electronic mail, at the moment of its receipt on the incoming mail server; the integrity of messages sent by electronic mail may be ensured by a certificate,
9.2.2. in the case of personal delivery or delivery through a postal service provider, by the recipient's acceptance of the shipment,
9.2.3. in the case of personal delivery or delivery through a postal service provider, also by the refusal to accept the shipment if the recipient (or a person authorized to accept the shipment on their behalf) refuses to accept it,
9.2.4. in the case of delivery through a postal service provider, by the expiration of a ten (10) day period from the storage of the shipment and the issuance of a notification to the recipient to collect the stored shipment, even if the recipient was not informed about the storage.
10. FINAL PROVISIONS
10.1. The seller reserves the right to change prices. Valid prices are confirmed to the buyer at the time of order confirmation. If the price is higher than the price stated in the order, the seller will promptly inform the buyer, who can accept the new price or reject the delivery. In the case of a telephone order, the valid price for the specific order is always communicated to the buyer.
10.2. Completed transactions are transactions concluded in the Czech Republic and are governed by the laws of the Czech Republic. Relationships and any disputes arising from the contract will be primarily resolved amicably. If an amicable settlement is not reached, the competent courts of the Czech Republic will have jurisdiction.
10.3. The buyer is aware that the purchase of products offered by the seller does not grant any rights to use the trademarks, trade names, company logos, or patents of the seller or other companies unless otherwise agreed in specific cases.
10.4. If a relationship established by the purchase agreement contains an international (foreign) element, the parties agree that the relationship will be governed by Czech law. This does not affect the consumer's rights arising from mandatory legal regulations.
10.5. If any provision of the terms and conditions is invalid or ineffective, or becomes so, the provision that comes closest to the meaning of the invalid provision shall replace it. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Changes and additions to the purchase agreement or terms and conditions require written form.
10.6. The purchase agreement, including the terms and conditions, is archived by the seller in electronic form for the period specified by generally binding legal regulations.
10.7. The operators reserve the right to change the terms and conditions without prior notice.
10.8. Online and in-store sales of alcoholic beverages to persons under 18 are prohibited.