General business terms & conditions
I. Basic provisions
- These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions“) are issued pursuant to Section 1751 and Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the ” Civil Code“)
- Ing. David Krystýnek
- IČO: 09269592
- with registered office: Pavel Beneše 750/10, 199 00 Prague 9
- Registered in a trades license with the Prague 18 Municipal Office.
- email: [email protected]
- phone: + 420 608 010 732
- web: www.gourmetspirit.cz
- (hereinafter referred to as “seller“)
- These Terms and Conditions modify the reciprocal rights and obligations of the seller and the natural person who concludes the purchase contract outside his/her business as a consumer, or in the course of his/her business activities (hereinafter referred to as “buyer“) through a web interface located on the website available at the internet address www.gourmetspirit.cz (hereinafter referred to as the “OnlineStore“).
- The provisions of the Terms and Conditions are an integral part of the purchase contract. Divergent 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.
II. Information on goods and prices
1. Information about the goods, including the prices of individual goods and their main characteristics, can be found for individual goods in the catalogue of the online store. The prices of the goods include value added tax, all related fees and costs of returning the goods, if these goods cannot by definition be returned by the usual postal route. The prices of the goods remain valid 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.
2. All presentation of the goods placed in the catalogue of the online store is informative and the seller is not obliged to conclude a purchase contract for these goods. Photos of goods have an illustrative character.
3. Information about the costs associated with packaging and delivery of goods is published in the online store. Information about the costs associated with packaging and delivery of goods listed in the online store is valid only in cases where the goods are delivered within the territory of the Czech Republic.
4. Any discounts on the purchase price of the goods cannot be combined with each other, if the seller and the buyer do not agree otherwise.
III. Ordering and concluding a purchase contract
1. The costs incurred by the buyer when using the means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the buyer himself. These costs are no different from the base rate
2. The buyer makes the order of the goods in the following ways:
- through his/her customer account, if he/she has previously registered in the online store,
- by filling in the order form without registration.
3. When placing an order, the buyer chooses the goods, the number of pieces of goods, the method of payment and deliver.
4. Before sending the order, the buyer is allowed to check and change the data he has entered into the order. The buyer sends the order to the seller by clicking on the “Order” button. The information provided in the order is considered correct by the seller. The condition for the validity of the order is to fill in all mandatory data in the order form and confirm the buyer that he has become acquainted with these terms and conditions.
5. Immediately after receiving the order, the seller sends the buyer a confirmation of receipt of the order to the e-mail address entered by the buyer when ordering. Such confirmation shall be deemed to be the conclusion of a contract. The current terms and conditions of the seller are annexed to the confirmation. The purchase contract is concluded by confirmation of the order by the seller to the buyer’s e-mail address.
6. If the seller cannot meet any of the requirements specified in the order, he will send the buyer an amended offer to his e-mail address. The amended offer is considered to be a new draft purchase contract and in such a case the purchase contract is concluded by confirmation of the buyer’s acceptance of this offer to the seller at his e-mail address specified in these terms and conditions.
7. All orders received by the seller are binding. The buyer may cancel the order until the buyer is notified of receipt of the order by the seller. The Buyer may cancel the order by phone to the seller’s telephone number or email specified in these Terms and Conditions.
8. In the event that there has been a manifest technical error on the part of the seller in the indication of 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 manifestly erroneous price, even if an automatic confirmation of receipt of the order has been sent to the buyer according to these terms and conditions. The seller informs the buyer of the error without undue delay and sends the buyer an amended offer to his e-mail address. The amended offer is considered a new draft purchase contract and in this case the purchase contract is concluded by confirmation of acceptance by the buyer to the seller’s e-mail address.
IV. Customer account
1. Based on the buyer’s registration made in the online store, the buyer can access his customer account. From his customer account, the buyer can order goods. The buyer can also order goods without registration.
2. When registering for a customer account and ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in case of any change. The data provided by the buyer in the customer account and when ordering the goods are considered correct by the seller.
3. Access to the customer account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.
4. The Buyer is not entitled to allow third parties to use the customer account.
5. The seller may cancel the user account, especially if the buyer no longer uses his user account, or if the buyer violates his obligations under the purchase contract and these terms and conditions.
6. The Buyer acknowledges that the user account may not be available 24/7, especially with regard to the necessary maintenance of the seller’s hardware and software, or the necessary maintenance of third-party hardware and software.
V. Payment terms and delivery of goods
1. The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid by the buyer in the following ways:
- by bank transfer to the seller’s bank account no. 5844601319/0800, held with Česká spořitelna,
- online using payment gateway
- cash on delivery,
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. Unless expressly stated otherwise, the purchase price and the costs associated with the delivery of the goods are also understood.
3. In case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of a non-cash payment, the purchase price is payable within 3 working days of the conclusion of the purchase contract. During this period the goods are reserved for the order. If the payment is not processed after this period, the order will be cancelled and the goods will be placed to sell.
4. In the case of a non-cash 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.
5. The seller does not require any advance deposit or other similar payment from the buyer in advance. Payment of the purchase price before sending the goods is not an advance.
6. The goods are delivered to the buyer:
- to the address specified by the buyer of the order
- at the dispensing point only with earlier agreement.
7. The choice of delivery method is made during the ordering of the goods.
8. The cost of delivery of the goods depending on the method of dispatch and receipt of the goods is stated in the buyer’s order and in the confirmation of the order by the seller. If 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.
9. If the seller is obliged under the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods on delivery. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with another method of delivery.
10. When taking over the goods from the carrier, the buyer is obliged to check the intactness of the packaging of the goods and, in case of any defects, immediately notify the carrier. In the event of a violation of the packaging indicating unauthorised intrusion into the consignment, the buyer does not have to take over the consignment from the carrier.
11. The seller issues the buyer with a tax document – an invoice. The tax document is sent to the buyer’s e-mail address or within the package with goods in paper form.
12. The buyer gains ownership of the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods. Liability for the random destruction, damage or loss of the goods passes to the buyer at the moment of receipt of the goods or at the moment when the buyer was obliged to take over the goods, but did not do so in violation of the purchase contract.
13. The purchase of alcoholic beverages and the visit to the website where they are offered are prohibited for persons under the age of 18. By creating and completing the order, the buyer declares that he is over 18 years of age. The Buyer acknowledges that when accepting goods with age restrictions, the Seller’s representative, or the carrier or other entity that delivers the alcoholic beverage to the Buyer, can verify the buyer’s age with a valid identity document in order to verify that the Buyer is over 18 years of age. If the Buyer does not submit to this inspection or is not over 18 years of age, the alcoholic beverage will not be issued to him and there will be an automatic withdrawal from the purchase contract by the Seller.
14. Buyers can redeem currently valid discount coupons or vouchers when purchasing (here is the “Coupons”) only within their validity period and to the extent that they are specified. The discount cannot be recovered or claimed after the purchase has been made. After coupons expire, these become invalid. Coupons can be issued as a percentage discount on purchases or certain items, or as a specific discount expressed in absolute amount. In order to redeem valid Coupons, the buyer is obliged to enter the coupon code at the time of purchase and the discount will be granted immediately. In case of return of goods for which a discount has been applied, the buyer is entitled to a refund of the amount for the price of the goods, which is humiliated by the applied discount. Once used Coupon cannot be reused unless otherwise stated by the terms of its use.
VI. Withdrawal from the contract for the purchase of goods
1. A buyer who has concluded a purchase contract outside his business as a consumer has the right to withdraw from the purchase contract.
2. The withdrawal period is 14 days
- from the date of receipt of the goods,
- from the date of receipt of the last delivery of the goods, if the subject of the contract is several types of goods or the delivery of several parts
- from the date of receipt of the first delivery of the goods, if the subject of the contract is the regular re-delivery of the goods.
3. The buyer cannot, among other things, withdraw from the purchase contract:
- provision of services if they were fulfilled with his prior express consent before the expiry of the withdrawal period and the seller informed the buyer before the conclusion of the contract that in such a case he has no right of withdrawal,
- the supply of goods or services the price of which depends on financial market deflection independently of the seller’s will and which may occur within the withdrawal period,
- the supply of alcoholic beverages, which may be delivered only after 30 days and the price of which depends on financial market deflection independent of the seller’s will,
- the supply of goods which have been modified according to the buyer’s wishes or for his person,
- the supply of perishable goods as well as goods irretrievably mixed with other goods after delivery,o delivery of goods in sealed packaging which the buyer has removed from the packaging and cannot be returned for hygienic reasons,
- delivery of digital content, if it was not delivered on a tangible medium and was delivered with the prior express consent of the buyer before the expiry of the withdrawal period and the seller informed the buyer before the conclusion of the contract that in such a case he has no right of withdrawal,
- in other cases referred to in Section 1837 of the Civil Code.
- 4. In order to comply with the withdrawal period, the buyer must send a declaration of withdrawal within the withdrawal period.
5. In order to withdraw from the purchase contract, the buyer can use the model form to withdraw from the contract provided by the seller. Withdrawal from the purchase contract will be sent by the buyer to the seller’s e-mail or delivery address specified in these Terms and Conditions. The seller confirms to the buyer the acceptance of the form without delay.
6. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of the withdrawal from the contract to the seller. The buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by the usual postal route due to their nature.
7. If the buyer withdraws from the contract, the seller will return to him without delay, but no later than 14 days after the withdrawal from the contract, all funds, including the delivery costs received from him, in the same way. The seller will return the received funds to the buyer in another way only if the buyer agrees and if he does not incur additional costs.
8. If the buyer has chosen a method other than the cheapest method of delivery offered by the seller, the seller shall refund to the buyer the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery offered.
9. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer transfers the goods to him or proves that he has sent the goods to the seller.
10. The goods must be returned by the buyer to the seller undamaged, unused and unconsued and, if possible, in the original packaging. The seller is entitled to unilaterally count the claim against the buyer’s claim for a refund of the purchase price.
11. The seller is entitled to withdraw from the purchase contract due to the sell-out of stocks, the unavailability of the goods, or when the manufacturer, importer or supplier of the goods has interrupted the production or import of the goods. The seller shall promptly inform the buyer by means of the e-mail address specified in the order and return all funds, including delivery costs, received from him on the basis of the contract, in the same way or in the manner specified by the buyer within 14 days of notification of withdrawal from the purchase contract.
VII. Rights from defective performance
- The seller corresponds to the buyer that the goods do not have defects at the time of receipt. In particular, the seller corresponds to the buyer that at the time when the buyer took over the goods:
- the goods have the characteristics agreed upon by the parties and, in the lack of an arrangement, have the characteristics described by the seller or manufacturer or expected by the buyer in view of the nature of the goods and the advertising carried out by them,
- the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are normally used,
- the goods correspond to the quality or execution of the agreed sample or draft, if the quality or design has been determined according to the agreed sample or model,
- the goods are in the appropriate quantity, scale or weight;
- the goods comply with the requirements of the legislation.
- If the defect occurs within six months of receipt of the goods by the buyer, the goods shall be considered to have been defective at the time of receipt. The buyer is entitled to exercise the right from a defect that will occur in consumer goods within twenty-four months of receipt. This provision shall not apply to goods sold at a lower price to a defect for which a lower price has been agreed, to wear and tear of the goods caused by their normal use, to a defect corresponding to the degree of use or wear which the goods had at the time of receipt by the buyer, or where this results from the nature of the goods.
- In the event of a defect, the buyer may submit a complaint to the seller and request:
- exchange for new goods,
- repair of goods,
- a reasonable discount on the purchase price,
- withdraw from the contract.
- The buyer has the right to withdraw from the contract,
- if the goods have a material defect,
- if the thing cannot be used properly for repeated occurrence of defects or defects after repair,
- with a greater number of defects in the goods.
- The seller is obliged to accept the complaint in any establishment in which acceptance of the complaint is possible, possibly also at the registered office or place of business. The seller is obliged to issue the buyer with a written confirmation of when the buyer has exercised the right, what is the content of the complaint and what method of handling the complaint the buyer requires, as well as confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for the rejection of the complaint.
- The seller or his authorized employee 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 the 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 futile expiry of this period is considered a material breach of contract and the buyer has the right to withdraw from the purchase contract. The moment when the buyer’s will (exercise of the right from defective performance) occurs to the seller is considered to be the moment when the complaint is made.
- The seller informs the buyer in writing about the result of the complaint.
- The right of defective performance does not matter to the buyer if the buyer knew before taking over the thing that the thing had a defect, or if the buyer himself caused the defect.
- In the event of a legitimate complaint, the buyer has the right to reimbursement of the costs incurred in connection with the claim. This right may be exercised by the buyer with the seller within one month of the expiry of the warranty period.
- The buyer has the choice of the method of complaint.
- The rights and obligations of the contracting parties regarding 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 Coll., on Consumer Protection.
- The Contracting Parties may deliver all written correspondence to each other by e-mail.
- The Buyer delivers correspondence to the Seller to the e-mail address specified in these Terms and Conditions. The seller delivers correspondence to the buyer to the e-mail address specified in his customer account or order.
IX. Out-of-court dispute resolution
- The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Praha 2, company number: 000 20 869, internet address: https://adr.coi.cz/cs. The online dispute resolution platform located on 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.
- 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 focal point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and on the amendment of Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online settlement of consumer disputes).
- The seller is entitled to sell the goods on the basis of a trade license. Trade inspection is carried out within the scope of its competence by the relevant trade licensing office. The Czech Trade Inspection Authority carries out, to a defined extent, supervision of compliance with Act No. 634/1992 Coll., on Consumer Protection.
X. Final provisions
- All arrangements between the seller and the buyer are governed by the legal order 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 is without prejudice to the rights of the consumer arising from generally binding legislation.
- The seller is not bound by any codes of conduct in relation to the buyer within the meaning of § 1826 para. In this article, it is not the first time that the commission has (e) the Civil Code.
- All rights to the Seller’s website, in particular the copyright in the content, including page layout, photos, films, graphics, trademarks, logo and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the Website or part there of the Website without the seller’s consent.
- The Seller shall not be liable for errors arising as a result of third-party interference with the Online Store or as a result of its use contrary to its purpose. The Buyer shall not use procedures that could have a negative effect on its operation when using the Online Store and shall not engage in any activity that could allow him or third parties to tamper with or use the software or other components constituted by the Online Store and to use the Online Store or parts thereof or software in such a way as to be contrary to its intended purpose or purpose.
- The Buyer hereby assumes the risk of a change of circumstances within the meaning of § 1765 para. It is not possible to apply the provisions of Article 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 wording of the terms and conditions may be amended or supplemented by the seller. This provision shall be without prejudice to rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.
- An annex to the terms and conditions is a model withdrawal form.
These Terms and Conditions take effect on March 23th, 2022.