Terms and conditions of Beerdome.cz
with its registered office at K Rybniku, 41201 Rohatce, Czech Republic
With its online shop located at the internet address https://shop.beerdome.cz
1. INTRODUCTORY PROVISIONS
1.1. These business conditions (hereinafter referred to as "business conditions") of Beerdome.cz, with its registered office at K Rybniku 6, 41201 Rohatce, Czech Republic, Company Identification Number: 09920315, regulate in accordance with the provisions of § 1751 paragraph 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 in connection with or on the basis of a purchase contract ”) concluded between the seller and another natural person (hereinafter referred to as the“ buyer ”) through the seller's online shop. The online shop is operated by the seller on a website located at the internet address https://shop.beerdome.cz (hereinafter referred to as the "website"), through the interface of the website (hereinafter referred to as the "web interface of the shop").
1.2. These terms and conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods in the course of their business or in the course of their independent profession.
1.3. Provisions deviating from the business conditions can be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.4. The provisions of the business conditions are an integral part of the purchase contract. The purchase contract and business conditions are drawn up in English language. The purchase contract is concluded in the English language.
2. USER ACCOUNT
2.1. Based on the buyer's registration made on the website, the buyer can access its user interface. From its user interface, the buyer can order goods (hereinafter referred to as "user account"). If the web interface of the shop allows it, the buyer can also order goods without registration directly from the web interface of the shop.
2.2. When registering on the website and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in the event of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
2.3. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
2.4. The buyer is not entitled to allow the use of the user account to third parties.
2.5. The seller may cancel the user account, especially in the event that the buyer violates his obligations under the purchase agreement (including the terms and conditions).
2.6. The buyer acknowledges that the user account may not be available around the clock, especially with regards to necessary maintenance of hardware and software equipment of the seller, or necessary maintenance of third-party hardware and software.
3. CONCLUSION OF THE PURCHASE AGREEMENT
3.1. All presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.
3.2. The web interface of the shop contains information about the goods, including the prices of individual goods and the cost of returning the goods, if the goods cannot, by their nature, be returned by regular mail. The prices of goods are listed including VAT and all related fees, or excise duties. The prices of the goods do not include shipping costs. The prices of the goods remain valid as long as they are displayed in the web interface of the shop. This provision does not limit the seller's ability to enter into a purchase agreement under individually agreed conditions.
3.3. The web interface of the shop also contains information on the costs associated with the packaging and delivery of goods.
3.4. To order goods, the buyer fills in the order form in the web interface of the shop. The order form contains in particular information about:
3.4.1. the ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the shop),
3.4.2. the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
3.4.3. information on the costs associated with the delivery of goods (hereinafter collectively referred to as "order").
3.5. Before sending the order to the seller, the buyer is obliged to check and change the data that the buyer has entered in the order to ensure correctness of the data. The buyer sends the order to the seller by clicking on the "Order with an obligation to pay" button. The data listed in the order they are deemed correct by the seller. Immediately after receiving the order, the Seller will confirm this receipt to the Buyer by e-mail to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "Buyer's e-mail address").
3.6. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
3.7. The contractual relationship between the seller and the buyer arises from the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail to the buyer's e-mail address.
3.8. The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself.
3.9 By sending the Order, the Buyer declares that he is a person over 18 years of age. At the request of the Seller, the Buyer is obliged to prove the fulfillment of the condition according to § 12 par. 1 let. a) of Act No. 379/2005 Coll., as amended - primarily by presenting a copy of the Buyer's identity card or passport. In the event that the buyer does not meet the specified condition or does not duly document its fulfillment to the seller, the seller is entitled to withdraw from the contract.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer may pay the seller in the following ways:
via credit card using PayPal or Skrill (or use his/her PayPal / Skrill balance);
cashless transfer to the seller's account No. IBAN xxxx kept at Raiffeisen Bank Czech Republic (hereinafter referred to as the "seller's account");
4.2. Along with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of goods in the agreed amount unless otherwise stated.
4.3. The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4. In the case of non-cash payment by bank transfer, the buyer is obliged to send the purchase price of the goods together with the order number as reference. In the case of non-cash payment by bank transfer, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
4.5. The seller is entitled, especially in the event that the buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the full purchase price before sending the goods to the buyer. The provisions of § 2119 par. 1 of the Civil Code shall not apply.
4.6. Any discounts and discount coupons on the price of goods provided by the seller to the buyer cannot be combined with each other. The volume discount cannot be combined with other discounts either.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The buyer acknowledges that the e-shop website sells mainly food and drink items and according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of perishable goods, as well as goods delivered in sealed packaging, which the consumer removed or opened and for hygienic reasons it is not possible to return it. The seller considers goods to be perishable if the goods have a “best before date”.
5.2. Unless it is a case referred to in Article 5.1 or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, within fourteen (14) days from the receipt of the goods. In the event that the subject of the purchase contract is several types of goods or the delivery takes place in several parts, this fourteen day return period starts from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. Withdrawal from the purchase contract can be sent by the buyer to the seller's e-mail address email@example.com.
5.3. In the event of withdrawal from the purchase contract pursuant to Article 5.2 of these Terms and Conditions, the purchase contract is canceled entirely. The goods must be returned to the seller within seven (7) days of withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of goods to the seller, even if the goods can not be returned due to its nature by regular postal services.
5.4. In the event of withdrawal from the contract pursuant to Article 5.2 of these Terms and Conditions, the seller will return the funds received from the buyer within seven (7) days of receipt of the returned goods. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that he sent the goods to the seller. The seller is entitled to inspect the returned goods and make deductions to the refund if items have been returned opened, damaged or worn, depending on the nature of the purchased goods.
5.5. The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the buyer's right to a refund of the purchase price.
5.6. Until the goods are taken over by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return the purchase price to the buyer without undue delay. The seller will refund non-cash bank transfer payments to the bank account specified by the buyer.
5.7. If a promotional gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the untying condition that if the buyer withdraws from the purchase contract, the gift contract for such a gift ceases to be effective and the buyer is obliged to return the gift.
6. TRANSPORTATION AND DELIVERY OF GOODS
6.1. If the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
6.2. If, according to 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 take over the goods upon delivery.
6.3. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with another method of delivery.
6.4. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the case of finding damage of the packaging indicating unauthorized opening of the shipment, the buyer does not have to take over the shipment from the carrier.
6.5. Other rights and obligations of the parties in the transport of goods may be governed by the special delivery conditions of the seller, if issued by the seller.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding legal regulations (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
7.2. The seller responds to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time when the buyer took over the goods:
7.2.1. the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or which the buyer expected with regard to the nature of the goods and on the basis of their advertising,
7.2.2. the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,
7.2.3. the goods correspond in quality or design to the agreed sample or model advertised by the seller
7.2.4. the goods are in the appropriate quantity, measure or weight; and
7.2.5. the goods comply with the requirements of legal regulations.
7.3. The provisions stated in Article 7.2 of these Terms and Conditions shall not apply to goods sold at a lower price with a shortened shelf life, and the buyer has been notified of this fact in the product description. These discounted goods are subject to the conditions specified in Article 5.1 and it is not possible to withdraw from the purchase contract for the supply of goods.
7.4. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. e) of the Civil Code.
8.3. The out-of-court settlement of consumer complaints is provided by the seller via the electronic address firstname.lastname@example.org. The seller will send information on the settlement of the buyer's complaint to the buyer's specified e-mail address.
8.4. The seller is entitled to sell goods on the basis of a trade license. Trade licensing is performed within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of personal data protection. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended. The buyer is entitled to file a complaint with the above-mentioned supervisory or state supervisory authorities.
8.5. The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
9. PROTECTION OF PERSONAL DATA
9.1. The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., On the protection of personal data, as amended.
9.2. The buyer agrees to the processing of the following personal data: name and surname, residential address, id or passport number if requested for proof of age, e-mail address and telephone number (hereinafter collectively referred to as "personal data").
9.3. The buyer agrees to the processing of personal data by the seller, for the purposes of exercising the rights and obligations under the purchase agreement and for the purposes of maintaining a user account. Unless the buyer chooses another option, he agrees to the processing of personal data by the seller also for the purpose of sending information and business messages to the buyer. Consent to the processing of personal data in full according to this article is not a condition that would in itself make it impossible to conclude a purchase contract.
9.4. The buyer acknowledges that he is obliged to state his personal data (during registration, in his user account, when ordering from the web interface of the shop) correctly and truthfully and that he is obliged to inform the seller without undue delay of any change in his personal data.
9.5. The seller may authorize a third party to process the buyer's personal data as a processor. Apart from the persons transporting the goods, personal data will not be passed on to third parties by the seller without the prior consent of the buyer.
9.6. Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
9.7. The buyer confirms that the personal data provided is accurate and that he was informed that this is a voluntary provision of personal data.
9.8. In the event that the buyer believes that the seller or processor (Article 9.5) performs the processing of his personal data, which is contrary to the protection of private and personal life of the buyer or contrary to law, especially if the personal data are inaccurate with respect to for the purpose of their processing, may:
9.8.1. ask the seller or processor for an explanation,
9.8.2. require the seller or processor to remedy the situation thus created.
9.8.3 request the seller or processor to remove personal data from the seller’s or processor’s database
9.9. If the buyer requests information about the processing of his personal data, the seller is obliged to provide this information. The seller has the right to demand a reasonable payment for the provision of information according to the previous sentence, not exceeding the costs necessary for the provision of information.
10. SENDING COMMERCIAL MESSAGES AND STORING COOKIES
10.1. As part of the purchase on the seller's website, the buyer may agree to the sending of information related to the goods, services or business of the seller to the buyer's email address and may also agree to the sending of commercial communications by the seller to the buyer's email address.
10.2. The buyer agrees to the storage of so-called cookies on his computer. If it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase contract without storing so-called cookies on the buyer's computer, the buyer may revoke the consent under the previous sentence at any time.
11. FINAL PROVISIONS
11.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations.
11.2. If any provision of these Terms and Conditions is or becomes invalid or ineffective, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
11.3. The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.
11.4. Seller's contact details: delivery address K Rybniku, 141201 Rohatce, Czech Republic. E-mail address email@example.com. Telephone 000 000 000.
Rohatce, Czech Republic – 20.03.2021