These General Terms and Conditions (hereinafter referred to as the "Terms and Conditions") are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code") by: Vinné sklepy Kutná Hora, s.r.o. ID No.: 25978730 VAT No.: CZ25978730 registered office: Jiřího z Poděbrad 288, 284 01 Kutná Hora registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Entry 172942 contact details: Jiřího z Poděbrad 288, 284 01 Kutná Hora email: info@vinokutnahora.cz phone: +420 736 536 489 www.vinokutnahora.cz
(hereinafter referred to as the "Seller")
These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who concludes a purchase contract outside their business activity as a consumer, or within the scope of their business activity (hereinafter referred to as the "Buyer") through the web interface located on the website available at www.vinokutnahora.cz /nase-vina/ (hereinafter referred to as the "Online Shop"). The provisions of the Terms and Conditions are an integral part of the purchase contract. Steiner arrangements in the purchase contract take precedence over the provisions of these Terms and Conditions. These Terms and Conditions and the purchase contract are concluded in the Czech language. (Note: This English version is for informational purposes).
Information about the goods, including the prices of individual goods and their main characteristics, are listed for each item in the catalog of the online store. Prices of goods are listed including value added tax, all related fees, and costs for returning the goods if the goods, by their nature, cannot be returned by the usual postal route. The prices of the goods remain in effect for as long as they are displayed in the online store. This provision does not exclude the negotiation of a purchase contract under individually agreed conditions. All presentations of goods placed in the catalog of the online store are of an informative nature and the Seller is not obliged to conclude a purchase contract regarding these goods. Information about costs associated with packaging and delivery of goods is published in the online store. Information about costs associated with packaging and delivery of goods listed in the online store applies only in cases where the goods are delivered within the territory of the Czech Republic. Delivery costs to other countries are individual according to current price lists and can be found upon request at eshop@vinokutnahora.cz. Any discounts on the purchase price of the goods cannot be combined with each other, unless otherwise agreed between the Seller and the Buyer.
Costs incurred by the Buyer when using remote communication means in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the Buyer themselves. These costs do not differ from the basic rate. The Buyer orders goods in the following ways:
When placing an order, the Buyer selects the goods, the number of items, the method of payment, and delivery. Before sending the order, the Buyer is allowed to check and change the data they entered into the order. The Buyer sends the order to the Seller by clicking the "Order" button. The data provided in the order is considered correct by the Seller. A condition for the validity of the order is the filling in of all mandatory data in the order form and the Buyer's confirmation that they have familiarized themselves with these Terms and Conditions. Immediately after receiving the order, the Seller will send the Buyer a confirmation of receipt of the order to the email address provided by the Buyer when ordering. This confirmation is automatic and is not considered a conclusion of the contract. The purchase contract is concluded only after the order is accepted by the Seller. An announcement of acceptance of the order is delivered to the Buyer's email address. In the event that the Seller cannot fulfill any of the requirements specified in the order, they will send a modified offer to the Buyer's email address or update the offer by phone. The modified offer is considered a new proposal for a purchase contract, and the purchase contract is concluded in such a case by the Buyer's confirmation of acceptance of this offer to the Seller's email address specified in these Terms and Conditions, or by phone. All orders accepted by the Seller are binding. The Buyer may cancel the order until the Buyer is delivered an announcement of acceptance of the order by the Seller. The Buyer may cancel the order by telephone to the phone number or email of the Seller specified in these Terms and Conditions. In the event that an obvious technical error occurred on the part of the Seller when stating the price of the goods in the online store or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer at this obviously erroneous price. The Seller informs the Buyer of the error without undue delay and sends a modified offer to the Buyer's email address. The modified offer is considered a new proposal for a purchase contract, and the purchase contract is concluded in such a case by a confirmation of receipt by the Buyer to the Seller's email address.
Based on the Buyer's registration in the online store, the Buyer can access their customer account. From their customer account, the Buyer can order goods. The Buyer can also order goods without registration. When registering for a customer account and when ordering goods, the Buyer is obliged to provide all data correctly and truthfully. The Buyer is obliged to update the data provided in the user account upon any change. The data provided by the Buyer in the customer account and when ordering goods are considered correct by the Seller. Access to the customer account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding information necessary to access their customer account. The Seller bears no responsibility for any misuse of the customer account by third parties. The Buyer is not entitled to allow third parties to use the customer account. The Seller may cancel the user account, especially if the Buyer does not use their user account for a longer period or if the Buyer violates their obligations under the purchase contract and these Terms and Conditions. The Buyer acknowledges that the user account may not be available continuously, especially with regard to necessary maintenance of hardware and software equipment of the Seller or necessary maintenance of hardware and software equipment of third parties.
The Buyer can pay the price of the goods and any costs associated with the delivery of goods under the purchase contract in the following ways:
Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with the packaging and delivery of goods in the agreed amount. Unless explicitly stated otherwise, the purchase price also includes the costs associated with the delivery of goods. In the case of cash payment, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 5 days of the conclusion of the purchase contract. In the case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller's bank account. The Seller does not require any advance payment or other similar payment from the Buyer in advance. Payment of the purchase price before shipping the goods is not an advance. According to the Act on the Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, they are obliged to register the received revenue with the tax administrator online; in case of a technical failure, then within 48 hours at the latest. The goods are delivered to the Buyer:
The choice of delivery method is made during the ordering of the goods. Costs of delivery of goods depending on the method of dispatch and receipt of goods are specified in the Buyer's order and in the Seller's confirmation of the order. In the event that the transport method is agreed upon based on a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this transport method. If the Seller is obliged under the purchase contract to deliver the goods to a place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery. 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 or costs associated with another delivery method. 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 event of finding a violation of the packaging suggesting unauthorized intrusion into the shipment, the Buyer does not have to take over the shipment from the carrier. The Seller will issue a tax document – invoice – to the Buyer. The tax document is sent to the Buyer's email address. The Buyer acquires the ownership right to the goods by paying the full purchase price for the goods, including delivery costs, but not before taking over the goods. Liability for accidental destruction, damage, or loss of the goods passes to the Buyer at the moment of taking over the goods or at the moment when the Buyer was obliged to take over the goods but failed to do so in violation of the purchase contract.
A Buyer who has concluded a purchase contract outside their business activity as a consumer has the right to withdraw from the purchase contract. The deadline for withdrawal from the contract is 14 days:
The Buyer cannot, among other things, withdraw from a purchase contract:
To comply with the withdrawal period, the Buyer must send a withdrawal statement within the withdrawal period. To withdraw from the purchase contract, the Buyer may use the sample withdrawal form provided by the Seller. The Buyer sends the withdrawal from the purchase contract to the email or delivery address of the Seller specified in these Terms and Conditions. The Seller will confirm receipt of the form to the Buyer without delay. A Buyer who has withdrawn from the contract is obliged to return the goods to the Seller within 14 days of withdrawal from the contract. The Buyer bears the costs associated with returning the goods to the Seller, even if the goods cannot be returned because of their nature by the usual postal route. If the Buyer withdraws from the contract, the Seller will return to them without delay, but no later than 14 days from the withdrawal from the contract, all funds including delivery costs received from them, in the same way. The Seller will return the received funds to the Buyer in another way only if the Buyer agrees and if no further costs will be incurred by them. If the Buyer chose a method other than the cheapest delivery method offered by the Seller, the Seller will return the delivery costs to the Buyer in the amount corresponding to the cheapest offered delivery method. If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer hands over the goods to them or proves that they sent the goods to the Seller. The goods must be returned by the Buyer to the Seller undamaged, unworn, and unsoiled and, if possible, in the original packaging. The Seller is entitled to unilaterally set off the claim for compensation for damage incurred on the goods against the Buyer's claim for a refund of the purchase price. The Seller is entitled to withdraw from the purchase contract due to stock depletion, unavailability of goods, or when the manufacturer, importer, or supplier of the goods interrupted the production or import of the goods. The Seller immediately informs the Buyer via the email address specified in the order and returns all funds including delivery costs received on the basis of the contract within 14 days of the announcement of withdrawal from the purchase contract, in the same way or in the way specified by the Buyer.
The Seller is liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer took over the goods:
If a defect manifests itself within six months of receipt of the goods by the Buyer, it is considered that the goods were defective already upon receipt. The Buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt. This provision does not apply to goods sold at a lower price for the defect for which the lower price was agreed, to wear and tear of the goods caused by their usual use, for used goods for a defect corresponding to the degree of use or wear that the goods had upon receipt by the Buyer, or if it follows from the nature of the goods. In the event of a defect, the Buyer may submit a complaint to the Seller and demand:
The Buyer has the right to withdraw from the contract:
The Seller is obliged to accept the complaint in any establishment where acceptance of the complaint is possible, or even in the registered office or place of business. The Seller is obliged to issue a written confirmation to the Buyer about when the Buyer exercised the right, what is the content of the complaint and what method of settlement of the complaint the Buyer requires, as well as a confirmation of the date and method of settlement of the complaint, including a confirmation of the repair and its duration, or a written justification for the rejection of the complaint. The Seller or an employee authorized by them decides on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate according to the type of product or service required for expert assessment of the defect. The complaint including the removal of the defect must be settled without delay, no later than 30 days from the date of the complaint, unless the Seller and the Buyer agree on a longer period. The vain expiration of this period is considered a fundamental breach of the contract and the Buyer has the right to withdraw from the purchase contract. The moment of exercising the complaint is considered to be the moment when the expression of the Buyer's will (exercise of the right from defective performance) reaches the Seller. The Seller informs the Buyer in writing about the result of the complaint. The Buyer is not entitled to the right from defective performance if the Buyer knew before taking over the item that the item had a defect, or if the Buyer caused the defect themselves. In the case of a justified complaint, the Buyer has the right to compensation for purposefully incurred costs in connection with the exercise of the complaint. The Buyer can exercise this right at the Seller within one month after the expiration of the warranty period. The Buyer has the choice of the complaint method. Rights and obligations of the contracting parties regarding rights from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.
The contracting parties may deliver all written correspondence to each other via electronic mail. The Buyer delivers correspondence to the Seller to the email address specified in these Terms and Conditions. The Seller delivers correspondence to the Buyer to the email address specified in their customer account or in the order.
The Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from the purchase contract. The platform for online dispute resolution located at the internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer from the purchase contract. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point according to 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 (Regulation on consumer ODR). The Seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the relevant trade office. The Czech Trade Inspection Authority performs, among other things, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, within a defined scope.
All arrangements between the Seller and the Buyer are governed by the law of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect consumer rights resulting from generally binding legal regulations. The Seller is not bound by any codes of conduct in relation to the Buyer in the sense of Section 1826 (1) (e) of the Civil Code. All rights to the Seller's website, especially copyright to the content, including page layout, photos, films, graphics, trademarks, logos, and other content and elements, belong to the Seller. It is forbidden to copy, modify, or otherwise use the website or its part without the consent of the Seller. The Seller is not responsible for errors resulting from interventions by third parties in the online store or as a result of its use contrary to its purpose. When using the online store, the Buyer must not use procedures that could have a negative impact on its operation and must not perform any activity that could allow them or third parties to unauthorizedly interfere or unauthorizedly use the software or other components making up the online store and use the online store or its parts or software equipment in a way that would be contrary to its destination or purpose. The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765 (2) of the Civil Code. The purchase contract including the Terms and Conditions is archived by the Seller in electronic form and is not accessible. The text of the Terms and Conditions can be changed or supplemented by the Seller. This provision does not affect rights and obligations arising during the period of validity of the previous text of the Terms and Conditions. The attachment to the Terms and Conditions is a sample form for withdrawal from the contract. These Terms and Conditions take effect on 25.5.2018.
