General Terms and Conditions Drink2go, s.r.o.
K Vltavě 653/63
Praha 4, 143 00
Company number: 08830304
1. GENERAL PROVISIONS
a) These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") are issued in accordance with Section 1751 et seq. Act No. 89/2012 Sb., Civil Code (hereinafter referred to as the "Civil Code").
b) The Terms and Conditions regulate the mutual rights and obligations of the Parties arising from the conclusion of the Purchase Contract between the Seller (hereinafter referred to as the "Seller") and a natural or legal person as the Buyer (hereinafter referred to as the "Buyer") via a web interface located on the website available at www.pivovplechu.cz (hereinafter referred to as the "e-shop").
c) In accordance with these Terms and Conditions, the Seller is the Drink2go, s.r.o. company.
d) The provisions of these Terms and Conditions are an integral part of each Purchase Contract. Deviating provisions in the Purchase Contract prevail over the provisions of these Terms and Conditions.
e) The wording of the Terms and Conditions may be amended or supplemented by the Seller. This provision is without prejudice to the rights and obligations arisen during the effective period of the previous version of the Terms and Conditions.
f) These Terms and Conditions and the Purchase Contract are concluded in the Czech language.
g) When concluding the Purchase Contract for a service, the Seller requires from the Buyer the data necessary for concluding such a Purchase Contract. The Customer grants consent to the processing of his/her personal data necessary for the conclusion of the Purchase Contract. When processing the data, the Seller is followed by Act No. 101/2000 Sb., on the Protection of Personal Data and the GDPR Regulation.
2. INFORMATION ABOUT GOODS AND PRICES LISTED IN THE OFFER IN THE E-SHOP
a) The price of the goods, including the description of its basic properties, is indicated for each individual product in the offer in the e-shop. The prices of goods are listed including the value added tax, the price of the goods is final - it includes all fees and costs in case of a complaint or return of the goods, except when the goods may be returned to the Seller by standard mail. The prices of goods listed in the offer of the e-shop do not exclude the possibility of negotiating individual price conditions.
b) The presentation of goods placed in the offer of the e-shop is of an informative nature only; based on such an offer, the Seller is not obliged to enter into a Purchase Contract with the Buyer regarding the offered goods.
c) The prices for goods and transport indicated in the offer of the e-shop are valid only for the case of delivery within the Czech Republic. In case of delivery outside the territory of the Czech Republic, it is possible to agree on individual conditions.
3. ORDER AND CONCLUSION OF THE PURCHASE CONTRACT
a) The precondition on the part of the Buyer for concluding the Purchase Contract is the age of 18 years.
b) The Purchase Contract may be concluded in two ways:
c) Through the logged-in User of the e-shop on the basis of previous registration,
d) By filling in the order form and entering the delivery address without prior registration.
e) The conclusion of the Purchase Contract is preceded by the definition of the type and quantity of goods, the method of delivery and the method of payment.
f) Before sending the order, the Buyer is allowed to check and change the data he/she has entered in the order. The Buyer shall send the order to the Seller by clicking on the Order button. By clicking on the Order button, the Buyer confirms the correctness and completeness of the entered data. The precondition for the validity of the order is the completion of all mandatory data in the order form and confirmation from the Buyer that he/she has read these Terms and Conditions.
g) Immediately after receiving the order, the Seller shall send the Buyer a confirmation of receipt of the order to the email address that the Buyer entered when ordering. This confirmation is generated automatically and is not considered as a contract. The Purchase Contract is concluded when the Buyer receives the confirmation of receipt of the order from the Seller. Such confirmation is usually sent by e-mail after full payment of the Purchase Price.
h) In the event that any of the requirements specified in the order cannot be met by the Seller - for example in the case of the required goods is sold out – it shall make an amended offer to the Buyer, in the form of an email or telephone call. The amended offer is considered as a new proposal of the Purchase Contract and in such a case the Purchase Contract is concluded by the Buyer's confirmation of the acceptance of this offer to the Seller to the email address specified in these Terms and Conditions.
i) All the orders accepted by the Seller are binding. The Buyer may cancel the order until the Buyer receives a notification of acceptance of the order by the Seller. The Buyer may cancel the order by telephone to the Seller's telephone number specified in the contact details of the e-shop, or by e-mail to email@example.com
j) In the event that an obvious technical error occurred on the part of the Seller when indicating the price of the goods in the e-shop or during ordering, the Seller is not obliged to deliver the goods to the Buyer for this obviously incorrect price, even if the Buyer was sent an automatic confirmation of receipt of the order in accordance with these Terms and Conditions. The Seller shall notify the Buyer about the error without undue delay and send the amended offer to the Buyer to his/her email address. The amended offer is considered as a new proposal of the Purchase Contract and in such a case the Purchase Contract is concluded by a confirmation of acceptance by the Buyer to the email address of the Seller.
4. Registered users with a customer account
a) A registered user may, on the basis of registration, order goods from offer in the e-shop via their customer account. Access to such an account is secured by a unique login name and password. The Buyer is obliged to keep confidential regarding the information necessary to access the customer account. The Seller is not responsible for any misuse of the customer account by third parties.
b) When registering the customer account, the Buyer is obliged to provide complete and true data. In the event of a change, they are obliged to update such data before placing the order. The Seller assumes that the information provided by the Buyer in the customer account is complete and correct.
c) In the customer account, the Buyer has the opportunity to check the previous orders after logging in, and download invoices for the received goods.
d) The Buyer is not entitled to allow the use of the customer account to third parties.
e) The Seller may cancel the user account, especially in the event that the Buyer no longer uses the user account or in the event that the Buyer violates his/her obligations under the Purchase Contract and these Terms and Conditions.
f) The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software equipment of the Seller, or necessary maintenance of third party hardware and software.
5. PAYMENT TERMS AND DELIVERY OF GOODS
a) The Buyer may pay the Final Price of the goods and any costs related to the delivery of goods under the Purchase Contract in the following ways:
• by wireless transfer to the bank account specified in the offer of the e-shop and on the basis of the order confirmation by the Seller and sending the payment instructions
• by payment card via the GoPay payment gateway
• in cash or by payment card upon the personal collection at the parcel points
b) The Purchase Price also includes the cost of packaging the goods, unless otherwise stated. The price for the transport of goods depends on the volume of the ordered goods and is the subject of the order.
c) In case of payment in cash, the Purchase Price is payable upon receipt of the goods. In case of cashless payment, the Purchase Price is payable within 5 days of concluding the Purchase Contract.
d) In case of payment through the payment gateway, the Buyer follows the instructions of the competent electronic payment provider.
e) In case of cashless payment, the Buyer's obligation to pay the Purchase Price is fulfilled when the relevant amount is credited to the Seller's bank account.
f) Pursuant to the Sales Registration Act, the Seller is obliged to issue a receipt to the Buyer. At the same time, the Seller is obliged to register the received revenue with the tax administrator online, and in the event of a technical failure, within 48 hours at the latest. If the chosen method of payment is subject to electronic registration of sales, the code of this transaction is indicated on the relevant tax document.
g) The Goods is delivered to the Buyer:
• to the address specified by the Buyer in the order
• to the parcel point to the address of the parcel point specified by the Buyer
• by personal collection at the Seller’s premises
h) The choice of mode of transport is made when ordering the goods.
i) The costs of delivery of the goods depending on the method of dispatch and collection of goods are specified in the Buyer's order and in the order confirmation by the Seller. In the event that the mode of transport is agreed 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.
j) 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 such goods at the place ordered thereby. In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in another way than stated in the order, the Buyer is obliged to pay the costs related to the repeated delivery of goods, or costs related to another method of delivery.
k) The Buyer is obliged to check the integrity of the packaging of the goods in case of receipt of the goods from the carrier. In case of suspected damage, he/she is obliged to report such a fact to the carrier immediately. In the event of finding a violation of the packaging indicating unauthorized entry into the shipment, the Buyer does not have to take over the shipment from the carrier.
l) The Seller is obliged to issue a tax document to the Buyer for the ordered and paid goods. The tax document is sent to the Buyer's email address.
m) The Buyer acquires the ownership right to the goods by paying the full Purchase Price for the goods, including the delivery costs, immediately upon receipt of the goods. Liability for accidental destruction, damage or loss of the goods passes to the Buyer at the time of receipt of the goods or the moment when the Buyer was obliged to take over the goods, but failed to do so in violation of the Purchase Contract.
6. WITHDRAWAL FROM THE CONTRACT
a) A natural person concluding a Purchase Contract with the Seller has the right to withdraw from the Purchase Contract.
b) The period for withdrawal from the Contract is 14 days
• as of the date of taking over the goods,
• as of the date of taking over the last delivery of the goods, if several types of goods or delivery of several parts is the subject-matter of the contract,
• as of the date of taking over the first delivery, if regular repeated delivery of goods is the subject-matter of the contract
c) The Buyer may not, inter alia, withdraw from the contract
• on delivery of goods or services, the price of which depends on the fluctuations in the financial market independently of the will of the Seller and which may occur during the period for withdrawal from the contract
• on delivery of alcoholic beverages which may be delivered only after thirty days and the price of which depends on the fluctuations in the financial market independently of the will of the Seller
• on delivery of goods that have been modified according to the Buyer’s wishes or for him/herself
• on delivery of perishable goods, as well as goods that have been irretrievably mixed with other goods after the delivery
• on delivery of goods in a closed package which the Buyer removed from the package and for hygienic reasons it is not possible to return them,
• in other cases specified in Section 1837 of the Civil Code.
d)In order to comply with the period for withdrawal from the contract, the Buyer shall send a written notice of withdrawal within the period for withdrawal from the contract to the contact address of the Seller. The Seller shall immediately confirm to the Buyer the acceptance of such withdrawal.
e) The 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 related to the return of the goods to the Seller, even if the goods cannot be returned due to their nature by regular mail.
f) In the event of the Buyer's withdrawal from the contract, the Seller shall return to him/her in the same manner and immediately, but no later than within 14 days of the withdrawal from the contract, all the funds, including the delivery costs, which the Seller has received therefrom. The Seller shall return the funds received to the Buyer in another way only if the Buyer agrees and if it does not incur additional costs by the Buyer.
g) If the Buyer has chosen other than the cheapest method of delivery of goods offered by the Seller, the Seller shall reimburse the Buyer for the costs of delivery of goods in the amount corresponding to the cheapest offered method of delivery of the goods.
h) In the event of withdrawal from the contract by the Buyer, the Seller is not obliged to return the received funds to the Buyer before the Buyer hands over the goods or proves that the goods were sent the to the Seller.
i) In the event of withdrawal from the contract, the Buyer is obliged to return the goods to the Buyer undamaged, unworn and uncontaminated and, if possible, in the original packaging. 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.
j) The Seller is entitled to withdraw from the Purchase Contract due to long-term unavailability or complete sale of goods, termination of production or import of the goods in question. The Seller shall immediately inform the Buyer via the email address specified in the order and return within 14 days of the notice of withdrawal from the Purchase Contract all the funds, including the delivery costs, received from the Buyer under the contract, in the same way or in the manner specified by the Buyer.
7. DEFECTIVE PERFORMANCE
a) The Seller is responsible 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:
• the goods have properties agreed upon by the Parties, and, in the absence of such an agreement, have the properties described by the Seller of the manufacturer in the e-shop or which the Buyer expected with regard to the nature of the goods and advertising,
•,the goods correspond to the stipulated sample or model in quality or design, if the quality or design was determined according to the stipulated sample or model,
• the goods are in the appropriate quantity, amount or weight, and
• the goods comply with the requirements of the legal regulations.
b) Upon acceptance of the ordered goods by the Buyer, the Buyer assumes responsibility for improper storage or handling of the goods by the Buyer. Only demonstrable sensory defects in the quality of wines that arose before they were delivered to the Buyer are recognized as justified reasons for a complaint, provided that most of the content of the bottle is returned. The warranty period begins when the Buyer takes over the goods, but in case of wines it is limited by the durability of the goods. For other non-food products, the warranty period is governed by the amendment to the Civil Code and is set at 24 months.
c) In the event of a demonstrable defect, the Buyer may submit a complaint to the Seller and request the exchange of goods for new goods, reasonable discount from the Purchase Price or withdrawal from the contract.
d) The Buyer has the right to withdraw from the contract also if the goods have a significant defect, if the thing may not be used properly due to the recurrence of the defect or defects or due to a large number of defects of the goods.
e) The Seller is obliged to accept the complaint in any of the premises listed in the contact details in the e-shop, or at the registered office or place of business. The Seller is obliged to issue to the Buyer a written confirmation of when the Buyer exercised the right, what is the content of the complaint and what method of handling the complaint the Buyer requires, as well as the confirmation of the date and method of handling the complaint, or written justification for rejecting the complaint.
f) The Seller or an employee authorized thereby shall decide on the complaint immediately, in complex cases within three working days. The Seller informs the Buyer about the result of the complaint in writing. In the event of acceptance of the complaint, it must be settled immediately, no later than within 30 days from the date of the complaint, unless the Seller and the Buyer agree on a longer period. The expiration of this period is considered as a material breach of the contract and the Buyer has the right to withdraw from the Purchase Contract. The moment of asserting the complaint is considered to be the moment when the expression of the will of the Buyer (asserting the right from defective performance) reaches the Seller.
g) The right arising from the defective performance shall not pertain to the Buyer, if the Buyer knew before taking over the thing that the thing has a defect, or if the Buyer caused the defect him/herself.
h) The Buyer has the choice of the method of complaint.
i) The rights and obligations of the contracting parties regarding the rights arising 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 Sb., on Consumer Protection.
8. Service and correspondence
a) The Contracting Parties may serve all the written correspondence to each other by electronic mail.
b) The Buyer shall serve the correspondence to the Seller to the email address specified in the contact details in the e-shop. The Seller shall serve the correspondence to the Buyer to the email address specified when registering the customer account or in the order.
9. OUT-OF-COURT SETTLEMENT OF DISPUTES
a) The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, company number: 000 20 869, website: https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes arising from the Purchase Contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer under the Purchase Contract.
b) European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of on 21 May 2013 on online dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).
c) The Seller is entitled to sell goods on the basis of a trade license. Trade licensing inspection is performed within the scope of its competence by the relevant trade licensing office. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Sb., on Consumer Protection.
10. FINAL PROVISIONS
a) All arrangements between the Seller and the Buyer are governed by the legal regulations of the Czech Republic, even if one of the Parties is not domiciled in the Czech Republic. This is without prejudice to the consumer's rights arising from generally binding legal regulations.
b) All the rights pertaining to the website of the Seller's e-shop, in particular copyrights to the content, website design, page layout, photos, videos, banners, trademarks, logos and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the consent of the Seller.
c) The Seller is not liable for errors caused by third party interventions in the e-shop or as a result of its use contrary to its purpose. The Buyer is entitled to use the e-shop only in the manner for which it is intended, in particular when using the e-shop the Buyer may not use procedures that could adversely affect its operation and may not perform any activity that could allow the Buyer or third parties to interfere or use the software or other components that make up the e-shop.
d) The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765 (2) of the Civil Code.
e) The Purchase Contract, including the General Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
f) The wording of the General Terms and Conditions may be changed or supplemented by the Seller. This provision is without prejudice to the rights and obligations arisen during the effective period of the previous version of the Terms and Conditions.
These General Terms and Conditions take effect on 1.9.2020