1. Introductory provisions
These terms and conditions apply to purchases via the online store www.vinoboretice.cz on the website www.vinoboretice.cz, which operates Family winery Jedlička, Bořetice, as
Family winery Jedlička, Boretice, as, Boretice 511, 691 08 Boretice
phone: +420 519 430 107, email: firstname.lastname@example.org
Invoicing data: Jedlička Family Winery, Bořetice, as, Masarykova 439/9, 602 00 Brno
IČO 27746658, DIČ: CZ27746658, registered at the Commercial Register of the Regional Court in Brno, Section B, Insert 5038
A natural and / or legal person purchasing products or goods from the online store www.vinoboretice.cz
Contractual relations are subject exclusively to applicable laws in the Czech Republic and Czech jurisdiction. By placing a binding order, the buyer agrees to these terms and conditions of payment and undertakes to fully respect them.
- Conclusion of the purchase contract
The web interface of the store contains a list of goods offered by the seller for sale, including prices of individual offered goods. The prices of the goods offered include VAT and all related fees. The offer of sale of goods and prices of these 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 conclude a purchase contract under individually negotiated conditions. All offers of sale of goods placed on the web interface of the shop are not binding and the seller is not obliged to conclude a purchase agreement regarding these goods.
The web interface also contains information about the costs associated with packaging and delivery. Information on the costs associated with the packaging and delivery of goods stated in the web interface of the shop applies only in cases where the goods are delivered within the territory of the Czech Republic.
To order goods, the buyer fills in the order form in the web interface of the shop. The order form contains information about:
▪ ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the shop),
▪ the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").
Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer entered in the order, also with regard to the buyer's ability to detect and correct errors arising when entering data into the order. The buyer sends the order to the seller by clicking on the "I confirm the order" button. The data listed in the order they are deemed correct by the seller. The Seller shall confirm the receipt to the Buyer immediately upon receipt of the order by e-mail to the Buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the “Buyer's E-mail Address”).
Only a duly completed order containing all the requisites is considered valid. Orders placed through the online store are considered binding. The seller is not liable for errors in the order by the buyer. The ordering number is always decisive and not the accompanying order text.
By sending an order, the buyer confirms that he has read and agrees with these terms and conditions.
By sending the order, the buyer accepts the price of the goods, the chosen mode of transport and payment terms.
The Seller reserves the right to ask the Buyer for possible written authorization of the order.
Placing an order is considered a draft purchase contract. The place of delivery of the goods is the delivery address given by the buyer in the order form. Ownership of the goods passes to the buyer upon its receipt and full payment of the purchase price.
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 (eg in writing or by telephone).
The contractual relationship between the Seller and the Buyer arises upon 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.
The Buyer acknowledges that the Seller is not obliged to conclude a Purchase Agreement, especially with persons who have previously materially breached the Purchase Agreement (including terms and conditions).
The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the Buyer when using 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.
2.A Subject of the order and Seller's obligations
The subject of the contract is only the goods specified in the order, which can be delivered. The Seller undertakes to deliver only goods in perfect condition and in accordance with the specifications or properties customary for the given type of goods, complying with the standards, regulations and regulations applicable in the Czech Republic and properly equipped with Czech operating instructions, warranty certificates and warranty and post-warranty lists. service centers, if applicable for the type of goods.
The Seller shall be obliged to fulfill its obligations duly, timely and with due care, and to protect the rights and legitimate interests of the Customer in an appropriate manner.
The seller has the right to refuse the order if the buyer repeatedly fails to fulfill his obligation to take the goods and pay the purchase price.
2.B Obligations of the Buyer
The Buyer is obliged to state the correct and complete mailing address to which the ordered goods should be sent.
The buyer is obliged to collect the ordered goods and pay the purchase price, including any postage. The customer is aware of the final price when completing the order before its binding confirmation.
- Price of goods and payment terms
The price of the goods and any costs associated with the delivery of goods according to the purchase contract may be paid by the buyer to the seller in the following ways:
▪ Cash on delivery - payment upon receipt (Czech Post)
▪ 150 CZK per package, maximum capacity of one package is 6 bottles
▪ In case of order over 3000, - CZK postage and packing for the territory of the Czech Republic is free! For other countries according to the price list of transport companies.
Together with the purchase price, the buyer is obliged to pay to the seller also the costs associated with packaging and delivery of goods. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In case of cashless payment, the purchase price is payable within 3 days from the conclusion of the purchase contract.
In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. 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 account.
The Seller is entitled, especially if the Buyer fails to confirm the order additionally (Article 1.16), to demand payment of the entire purchase price before sending the goods to the Buyer.
Any discounts on the price of goods provided by the seller to the buyer cannot be combined.
If it is usual in business relations or if so stipulated by generally binding legal regulations, the Seller shall issue to the Buyer a tax document - invoice regarding payments made under the purchase contract. The seller is not a payer of value added tax. The tax document - invoice is issued by the seller to the buyer after payment of the price of the goods and sent in electronic form to the buyer's email address.
- Withdrawal from the contract
Withdrawal from the contract by the buyer:
The buyer has the right to withdraw from the contract, no later than 14 days from the date of receipt of goods, the buyer is obliged to return to the seller undamaged goods, without signs of use or wear, in its original packaging, at his own expense, with proof of purchase. The buyer is obliged to inform the seller about the intention to withdraw from the contract by email at email@example.com, by phone at +420 519 430 107 or by registered mail to the above address. Returned goods that will be sent cash on delivery will not be accepted! The money will be returned to the customer within 30 days of receiving the goods, in a pre-agreed manner. The costs associated with the transport of returned goods shall be borne by the Buyer.
The buyer cannot withdraw from the purchase contract if the consumer has breached their original packaging.
Return of goods within 14 days according to § 53 par. disciple.
If the purchase contract is concluded by means of distance communication (in an online store), the buyer (consumer) has the right to withdraw from the contract within 14 days of receipt of the goods without giving reasons in accordance with Section 53 (7) of the Civil Code. In this case, the buyer (consumer) contacts the seller and best states in writing that he is withdrawing from the contract with the order number, date of purchase and account number for the refund. The money will be returned to the customer within 30 days.
The buyer may withdraw (cancel) their order no later than two hours after placing the order by e-mail at firstname.lastname@example.org or by phone 519 430 107, the word CANCEL must be stated in the subject of the email.
Financial settlement in case of cancellation of the order and return of goods is always solved individually after prior agreement of the customer with the seller at email@example.com or 519 430 107. Contact person Jaroslav Suský. The supplier is obliged to return the paid sums to the consumer no later than 30 days after withdrawal.
- Terms of delivery
The method of delivery of goods is determined by the seller, unless otherwise specified in the purchase contract. If the mode of transport is agreed upon at the request of the buyer, the buyer bears the risk and possible additional costs associated with this mode of transport.
If the Seller is obliged under the Purchase Agreement 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. If the buyer does not take delivery of the goods upon delivery, the seller is entitled to charge a storage fee of CZK 100 (in words: one hundred Czech crowns) and is also entitled to withdraw from the purchase contract.
In the event that due to reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in any other way than stated in the order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods, respectively. costs associated with other delivery methods.
When receiving the goods from the carrier, the buyer is obliged to check the integrity of the packaging of goods and in case of any defects notify the carrier immediately. In the event of a violation of the packaging, which indicates unauthorized entry into the shipment, the buyer need not take the shipment from the carrier. By signing the delivery note, the buyer confirms that the consignment of the goods fulfilled all conditions and requirements and that any later complaint about the breach of the package can not be taken into account.
Other rights and obligations of the parties in the carriage of goods may modify the terms of delivery of the seller.
- Liability for defects, warranty
The rights and obligations of the parties regarding the seller's liability for defects, including the seller's warranty liability, shall be governed by the relevant generally binding regulations (in particular the provisions of Section 612 et seq. Of the Civil Code).
The Seller is responsible to the Buyer for the fact that the item being sold is in conformity with the Purchase Agreement, in particular that it is free from defects. Conformity with the contract of sale means that the goods sold have the quality and utility properties required by the contract, described by the seller or its representative, or expected by their advertising, or the quality and utility properties of such a type usual to meet legal requirements , it shall correspond to the quantity, measure or weight and correspond to the purpose stated by the seller for the use of the item or for which the item is usually used.
In the event that the goods upon receipt by the buyer is not in conformity with the purchase contract (hereinafter referred to as "conflict with the purchase contract"), the buyer has the right to have the seller free of charge and without undue delay put the item into the state corresponding to the purchase contract, the buyer either by replacing the item or by repairing it; if such a procedure is not possible, the buyer may request a reasonable discount on the price of the item or withdraw from the contract. This does not apply if the buyer knew about the conflict with the purchase contract before taking over the item or caused the conflict with the purchase contract itself. A conflict with the purchase contract, which becomes apparent within six (6) months from the date of receipt of the thing, is considered a conflict already existing at its receipt, unless this is contrary to the nature of the thing or proves otherwise.
If the goods are not perishable or used, the Seller is responsible for defects that appear as a contradiction with the purchase contract after the receipt of the item within the warranty period (warranty).
The Buyer's rights arising from the Seller's liability for defects, including the Seller's warranty liability, are exercised by the Buyer at the Seller's address at Bořetice 511, 691 08 Bořetice.
- Other rights and obligations of the contracting parties
The buyer acquires ownership of the goods by paying the full purchase price of the goods.
The Buyer acknowledges that the software and other components constituting 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 allow him or third parties to tamper with or misuse the software or other components constituting the web interface of the store.
The Buyer is not entitled to use mechanisms, software or other procedures that could adversely affect the operation of the Store Web Interface when using the Store Web Interface. The web interface of the shop can be used only to the extent that it does not prejudice the rights of other customers of the seller and which is in accordance with its purpose.
In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of Section 53a (1) of the Civil Code.
The Buyer acknowledges that the Seller shall not be liable for errors resulting from interference by third parties in the website or from the use of the website in violation of their purpose.
- Privacy and commercial communications
The protection of the 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.
The Buyer agrees to the processing of the following personal data: name and surname, home address, identification number, tax identification number, e-mail address, telephone number and date of birth (hereinafter collectively referred to as "personal data").
The Buyer agrees with the processing of personal data by the Seller for the purpose of realizing the rights and obligations of the purchase contract and for sending information and commercial communications to the Seller.
The Buyer acknowledges that he / she is obliged to provide his / her personal data (upon registration, in his / her user account, when ordering from the web interface of the shop) correctly and truthfully and that he / she is obliged to inform the Seller without any undue delay.
The Seller may authorize a third party to process the Buyer's personal data as a processor. Except for persons transporting goods, personal data will not be transferred to third parties without the prior consent of the buyer.
Personal data will be processed indefinitely. Personal data will be processed electronically in an automated manner or in printed form in a non-automated manner.
The Buyer confirms that the personal information provided is accurate and that he / she has been advised that this is a voluntary disclosure of personal information. The Buyer declares that he / she has been advised that he / she can withdraw the consent to the processing of personal data in relation to the Seller by written notice delivered to the Seller's address.
Should the Buyer believe that the Seller or the processor (Article 1.52) carries out the processing of his personal data that is contrary to the protection of the Buyer's private and personal life or the law, in particular if the personal data are inaccurate for the purpose of their processing, it may:
▪ ask the seller or processor for an explanation, request that the seller or processor remedy the situation. This may include blocking, correcting, supplementing or destroying personal data. If the Buyer's request under the previous sentence is found justified, the Seller or the processor shall immediately remedy the defective condition. If the seller or the processor does not comply with the request, the buyer has the right to contact the Office for Personal Data Protection directly. This provision is without prejudice to the Buyer's right to contact the Office for Personal Data Protection directly.
If the buyer asks for information about the processing of their personal data, the seller is obliged to provide this information. The Seller has the right to request adequate compensation not exceeding the costs necessary for providing the information pursuant to the previous sentence.
The Buyer agrees to receive information related to the Seller's goods, services or business to the Buyer's email address and further agrees to receive commercial communications from the Seller to the Buyer's email address.
Unless agreed otherwise, all correspondence related to the purchase contract must be delivered to the other party in writing, by e-mail, personally or by registered mail (according to the sender's choice). It is delivered to the buyer at the e-mail address specified in their user account.
The message is delivered:
▪ in the case of delivery by e-mail at the moment of its receipt to the incoming mail server; integrity of messages sent by e-mail can be ensured by a certificate,
▪ in the case of delivery in person or through a postal operator, by receipt of the consignment by the addressee,
▪ in the case of delivery in person or through a postal operator, also by refusing to accept the consignment, if the addressee (or a person authorized to take over the consignment) refuses to accept the consignment,
▪ in the case of delivery by postal service provider after expiration of ten (10) days from the deposit of the consignment and giving the addressee an invitation to accept the stored consignment, if the consignment is deposited with the postal service provider, even if .
- Final Provisions
The Business Terms and Conditions apply in the wording valid on the day of sending the electronic order.
These Terms and Conditions come into effect on the day of launching the Internet shop www.vinoboretice.cz. Operators reserve the right to change business conditions without prior notice.
If the relationship related to the use of the website or the legal relationship established by the purchase agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to consumer rights arising from generally binding legal regulations.
The Seller is entitled to sell goods on the basis of a trade license and the Seller's activity is not subject to any other authorization. Trade control is carried out within the scope of its competence by the appropriate trade licensing office.
If any provision of the Terms and Conditions is invalid or ineffective, or becomes so, a provision whose meaning is as close as possible to the invalid provision shall replace the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Changes and amendments to the purchase contract or the terms and conditions require written form.
The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
Seller's contact information:
Address for delivery: Jedlička Family Winery, Bořetice, as. Boretice 511, 691 08 Boretice
E-mail address: firstname.lastname@example.org
In Bořetice, 15 May 2015