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Terms and conditions

These Business Terms and Conditions (hereinafter as “Business Terms”) regulate the relations between the buyer and the seller with regard to sale of goods and services between Jan Prokop (hereinafter as the “Seller”) and consumer (hereinafter as the “Buyer”). The Buyer is strongly advised to get an understanding of the Business Terms and complaint procedure prior to ordering goods. The purchase agreement and Business Terms are executed in the Czech language. The purchase agreement may be concluded in the Czech language. 

I. General provisions

The Seller

Pivní dárky – Jan Prokop, ID No. 71548092, with its seat at Prague 2, Mikovcova 12, ZIP Code 120 00

The Buyer

The Buyer is aware that purchase of products offered by the Seller does not give rise to any rights of use of the registered trademarks, business names, company logos or patents of the Seller or any other companies, unless a separate agreement in a specific case mandates otherwise. When initiating the business relations, the Buyer only provides the Seller with contact information, or alternatively the information the Buyer wants stated in the invoices.

The legal relations between the Seller and the consumer not explicitly covered by these Business Terms are governed by respective provisions of the Act No. 89/2012 Coll., the Civil Code (hereinafter as “Civil Code”), together with Act No. 634/1992 Coll., Consumer Protection Act (hereinafter as “Consumer Protection Act”), as well as all other related legal regulations.

An individual agreement between the Seller and the Buyer supersedes the Business Terms.

II. Ordering system

The order of goods and sales is carried out through an electronic order on the web page www.czechbeergifts.com (hereinafter as “e-shop”).

The period of processing of the order and preparation for shipping denotes a necessary time frame for successful fulfilment of all requirements in relations with handover of the ordered goods to the transport operator chosen the Buyer. The shipping of the ordered goods denotes handover of the ordered goods by the Seller to the transport operator. The preparation for shipping, as well as the shipping itself, is carried out during working days. In case of stored goods, the Seller shall prepare the goods for shipping within 48 hours after receiving the order; otherwise within the shipping period of the respective item.

All orders submitted through the e-shop electronic order system are binding. By submitting an order, the Buyer confirms that he understands and agrees with the Business Terms.

The order constitutes an offer to conclude a purchase agreement. The purchase agreement is concluded (and the offer is accepted) once the Seller electronically sends a confirmation of the order to the Buyer’s email address.

In order for the electronic order to be valid, all of the following information must be present: first and last name, phone number, email address, correspondence address,   form of delivery and payment, content of the shopping basket.

The Buyer acquires ownership of the goods by way of payment of the full purchase price and collection of the goods.

The Seller reserves the right to terminate the order or its part prior to conclusion of the purchase agreement in case:

  • the goods are no longer being manufactured;
  • the price of the respective goods is significantly increased by the supplier.

In case the above set out conditions occur, the Seller shall without undue delay contact the Buyer in order to negotiate further action. In case the Buyer has already paid the purchase price or its part, the respective amount shall be transferred back to the Buyer’s bank account or address.

The Buyer shall receive the goods for the price valid at the moment the order was made. In case the ordered goods must be pre-ordered or it is not stored in the Seller’s storage area, the Seller shall confirm in advance to the Buyer the price and date of delivery by phone or email. The Seller may change the price pursuant to the current market situation and development of the exchange rate between the Czech crown and foreign currencies. In case the Buyer disagrees with the altered price, the Buyer shall not confirm the order and it thus fails to be carried out.

III. Delivery conditions

The Seller shall issue an invoice containing all accounting requirements with the delivery of the purchased goods.

The Seller shall prepare stored goods for shipping within the time period as set out in Art. II. In case of a bank transfer payment, the Seller shall issue an invoice for the agreed on price and send it electronically to the Buyer. The payment is due within 7 days from the day the invoice is issued. Once the Seller receives the payment to its bank account, the goods shall consequently be shipped together with the original invoice (in case the goods are stored; otherwise within the shipping period of the respective item). In case the Buyer fails to pay the purchase price within the due date period (failure to put the payment into the Seller’s bank account prior to due date + 3 working days), the order shall be automatically terminated.

In case the shipping period for a specific item is longer due to its exclusivity, the Seller shall without undue delay contact the Buyer.

The goods shall be delivered in the way the Buyers chooses in the internet order. The options are as following:

  • personal pick-up;
  • Zasilkovna or local post service;
  • other (according to special arrangement between the Seller and the Buyer, i.e. express courier).

The delivery place is the correspondence address listed in the electronic order by the Buyer.

Personal pick-up:

The goods may be picked up personally only based on an arrangement with the Seller via phone/email in the working days in the seat of the Seller.

The opening hours for personal pick-up: 12 am – 6 pm

Phone number: +420 774 555 252; Emailinfo@czechbe­ergifts.com

The address of the Seller: Prague 2, Rumunska 4, ZIP Code 120 00

Personal pick-up is conditioned upon either payment in cash or confirmation of received payment to the Seller’s account.

Payment conditions

The payment conditions are as follows:

  • payment in cash carried out together with personal pick-up of the order;
  • payment via bank transfer (delivery or personal pick-up based on receipt of payment to the Seller’s bank account: 2900738667 / 2010);
  • cash on delivery (the Buyer shall hand over the cash to the transport operator).
  • Pay-pal payment method

Additional fee schedule

All prices are contractual prices; the prices stated in the contract are always up to date and valid. The following schedule is valid as of 1 January 2014. The Seller reserves the right to change the prices.

Delivery fee schedule

type of delivery

transport operator

price

cash on delivery

 post office

local post office (package to 2 kg)

EUR € 7

 

 post office

local post office (package to 5 kg)

 EUR € 9,5

 

  other

  e.g. messenger or other express delivery service

 according to agreement

 

Packaging or any other fees are not charged.

The above listed delivery fee schedule applies to deliveries within the Czech Republic; the delivery fees for other countries are based on current fee schedule of the respective transport operators.

IV. Withdrawal from the agreement

The Buyer acknowledges that in accordance with Section 1837 of the Civil Code, the Buyer cannot among other withdraw from an agreement:

   (i). on supply of goods or services where the price is dependent on fluctuations of the financial market independently of the will of the entrepreneur which may occur during the period for withdrawal;

  (ii). on supply of goods that has been modified according to the Buyer’s wishes or personalized for the Buyer;

 (iii).        on supply of goods subject to rapid deterioration, as well as goods that have been irretrievably mixed with other goods after delivery;

(iv). on supply of goods in a sealed container that the consumer removed from the container and that cannot be for hygienic reasons returned to the container; and

 (v). on supply of audio or video recordings or computer program once the consumer impaired its packaging.

In cases other than the above listed where the Buyer cannot withdraw from the agreement, the Buyer is pursuant to Section 1829 Paragraph 1 Civil Code entitled to withdraw from a purchase agreement without stating the grounds within 14 days from the receipt of the goods by the Buyer; in case there are more types of goods or more parts of goods being delivered, the period for withdrawal commences from the day of the receipt of the last item. Notice of withdrawal must be sent to the Seller within the period stated in the preceding sentence. The Buyer may use the template withdrawal form provided by the Seller which is attached to the Business Terms as Annex 1. The Buyer may send the notice of withdrawal to the address of the seat of the company or the Seller’s business premises or electronic address of the Seller.

In case of withdrawal from the purchase agreement, the purchase agreement is rescinded from the beginning. The goods must be returned, i.e. sent to the Seller within 14 days from the withdrawal from the agreement by the Buyer. In case the Buyer withdraws from the agreement, the Buyer bears the direct costs connected with return of the goods to the Seller, even in cases when the goods cannot be from its nature returned to the Seller via regular post service.

In case of withdrawal from the agreement, the Seller shall return all financial means received from the Buyer within 14 days from the withdrawal from the purchase agreement by the Buyer in the same way the Seller has received them from the Buyer. The Seller shall also return the cost of shipping to the Buyer, except for additional expenses caused by the Buyer’s choice of shipment that is different than the least costly way of shipment offered by the Seller. 

The Seller is entitled to return the financial means to the Buyer in the moment of return of the goods or in any other way, provided that the Buyer agrees and no further expenses arise.

In case the Buyer withdraws from the purchase agreement, the Seller is not obligated to return the accepted financial means to the Buyer before the Buyer returns the goods or proves that the goods have been sent to the Seller.

The Seller is entitled to unilaterally set off its claim for damages against the Buyer’s claim for return of the purchase price.

In case of withdrawal from the purchase agreement, the Buyer may be held liable for decrease of value of the goods caused by treatment in a way other than necessary with regard to its nature and character.

In case the Buyer decides to withdraw from the agreement in an above mentioned period for withdrawal, several conditions must be met after the notice has been provided to the Seller:

  • The goods must be delivered to the seat of the Seller or upon the Seller’s business premises with the number of the receipt.
  • The goods sent back and received by the Seller must be undamaged and complete including accessories and all provided receipts and possible gifts received with the product. In case of return of damaged or incomplete goods, the Buyer shall receive the purchase price lowered for a respective amount.
  • Goods sent as cash on delivery will not be delivered.
  • In case of failure to meet any of the above mentioned conditions, the Seller is entitled to refuse the returned goods or respectively lower the amount for which the goods shall be accepted.
  • The Seller advises to obtain insurance for the goods before shipment.

The Seller is entitled to withdraw from the purchase agreement at any time until the goods are delivered to the Buyer. In that case the Seller shall return the purchase price to the Buyer without undue delay, via a transfer to a bank account designated by the Buyer.

V. Complaint procedure

Asserting a faulty performance claim (complaint) will be dealt with in accordance with the Seller’s complaint procedure and law of the Czech Republic, namely sections 13 and 19 of the Consumer Protection Act, as amended, sections 1914 to 1925, sections 2099 to 2117 and sections 2161 to 2174 of the Civil Code,. A complaint about defective goods may be made to the Seller pursuant to the complaint procedure.

Complaints regarding goods purchased prior to and including 31 December 2013 are governed by Act No. 40/1964 Coll., the Civil Code, Consumer Protection Act and the complaint procedure valid until 31 December 2013.

The Buyer is obligated to get acquainted with the complaint procedure and Business Terms prior to order of the goods. By accepting the goods from the Seller, the Buyer agrees with the below stated complaint procedure.

The Seller shall issue a receipt together with each purchase which serves as a valid invoice and contains information necessary for asserting a faulty performance claim (title of the goods, date, price, quantity, number of the order).

Quality of goods at the time of the receipt

The Seller shall guarantee to the Buyer that the goods at the time of receipt are not defective. The Seller shall namely guarantee to the Buyer, that the goods at the time of receipt:

  • have the characteristics that the parties agreed on, otherwise have such characteristics that the Seller or the producer has described or that the Buyer reasonably expected with regard to the nature of the goods and based on the performed advertising;
  • are fit for the purpose as declared by the Seller or as ordinarily used for this kind of goods;
  • correspond in quality or design to the agreed on sample or model, if a sample or a model was agreed on for quality or design of the goods;
  • come in the corresponding quantity, rate or weight;
  • comply with all legal requirements.

The above stated provisions shall not apply in regard to sale of defective goods for a lower price, to sale of used goods to the wear out caused by the goods’ ordinary use, to sale of used goods to the defect corresponding to the degree of use or wear out that the goods had at the time of the receipt by the Buyer or if it results from the nature of the goods.

In case the goods do not comply with the above stated requirements at the time of the receipt by the Buyer, the Buyer is entitled to delivery of new non defective goods unless it would be unreasonable with regard to the nature of the goods. In case only a part of the product is defective, the Buyer is entitled to an exchange of the defective part; if an exchange of the defective part is not possible, the Buyer is entitled to withdraw from the agreement and claim return of the full purchase price. However, if such procedure is disproportionate to the nature of the defect, particularly if the defect may be removed without undue delay, the Buyer is entitled to free removal of the defect. In case the Buyer does not withdraw from the agreement or does not claim delivery of new non defective goods, an exchange of its part or repair the goods, the Buyer is entitled to a proportional discount from the purchase price. The Buyer is entitled to a proportional discount even if the Seller cannot provide new non defective goods, exchange its parts or repair the goods, as well as if the Seller does not redress the Buyer in a timely manner or if such redress would cause significant inconvenience to the Buyer.

In case the defect manifests itself within 6 months from the receipt by the Buyer, it is assumed that the goods were defective at the time of the receipt.

Rights from faulty performance and warranty period

The Seller shall be liable for all defects arising within the warranty period, i.e. 24 months after receipt of the goods by the Buyer. Liability for such defects is applicable where liability for the quality of goods at the time of the receipt does not apply. The warranty period for used goods may be shortened to 12 months; such change shall be marked by the Seller on the receipt.

In case the faulty performance constitutes a substantial breach of the agreement, the Buyer is entitled to a removal of the defect in the way of delivery of new non defective goods or delivery of a missing part, removal of the defect in the way of repair of the goods, proportional discount from the purchase price or withdrawal from the agreement.

A breach is substantial if the breaching party at the time of entering into the agreement knew or must have known that the other party would not have entered into the agreement had it anticipated such a breach; otherwise it is not a substantial breach of the agreement.

In case the Seller fails to remove the defects in a timely manner or announces to the Buyer that it shall not do so, the Buyer is entitled to a proportional discount from the purchase price or withdrawal from the agreement instead of removal of the defect.

In case the faulty performance does not constitute a substantial breach of the agreement or the Buyer fails to notify what right based on the above he chose to claim when reporting a defect that constitutes a substantial breach of the agreement or afterwards without undue delay, the Buyer is entitled to removal of the defect or proportional discount from the purchase price.

In case of repeated occurrence of defects after repair or in case of multiple defects, the Buyer is entitled to choose either delivery of new goods, exchange of a part or right to withdraw from the agreement.

Warranty conditions

The Buyer shall assert faulty performance claims at the seat of the Seller. The Buyer may also send the defective goods for complaint to the business premises of the Seller. The shipment must be visibly marked with the words “REKLAMACE” and must contain the defective goods (including all accessories), copy of the receipt, a detailed description of the defect and sufficient contact information of the Buyer (return address, phone number). The origin of the shipment and the defect of the goods cannot be identified without the above stated information.

The complaint shall be examined only in regard to the defect described in writing by the Buyer (in a complaint form or letter with a description of the defect).

In case of delivery of the goods by a transport operator the Buyer is obligated to check the status of the shipment in the presence of the transport operator (quantity of the packages, integrity of the strip with the company logo, damage of the packaging) according to the attached shipping document and in case a defect is discovered, the Buyer shall make a complaint directly with the transport operator. The transport operator shall consequently issue a report on discovered defects and the shipment shall be returned to the Seller. The Buyer is entitled to refuse the shipment which does not comply with the purchase agreement, e.g. if the shipment is incomplete or damaged. In case the Buyer accepts such defective shipment from the transport operator, it is necessary to issue a hand over protocol with a description of the defect. In case of an incomplete or defective shipment, it is necessary to notify the Seller without undue delay of the shipment by email to the email address: info@ pivnidarky.cz, issue a report on discovered defects and send the report without undue delay to the Seller to the email address and by mail. There can be no breach of the purchase agreement based on an additional complaint on incompleteness or outer damage of the shipment.

The Buyer shall prove the validity of the warranty with a receipt, or in another reliable way, and in case a complaint was made in the past, the Buyer shall put forth documents relating to the previous complaint as well.

The moment the Seller receives the defective goods from the Buyer is considered as the moment the complaint is made.

The warranty does not apply to defects caused:

  • by careless, improper or forcible mechanical manner;
  • by ordinary wear out caused by ordinary use of the goods;
  • by use of goods in inappropriate temperature, dust or humidity conditions contrary to the manufacturer’s re­commendation;
  • by excessive strain or use contrary to the conditions set out in the goods documentation or general principles;
  • in case it is a defect that the Buyer must have noticed using reasonable care and diligence when entering into the contract;
  • in case the goods were damaged by natural forces or force majeure.

In case the Seller discovers that the defect corresponds with one of the above set out provisions, the complaint shall be denied. In case the Buyer consequently agrees with a paid repair, the repair shall be charged based on a currently valid price list.

Ways of settling the complaint

The Buyer acknowledges that in case of exchange of the goods, a new warranty period does not commence. The warranty period extinguishes 24 months after receipt of the purchased goods that the complaint was made about.

The complaint shall be settled by the Seller or a designated employee immediately, in more sophisticated cases within 3 working days. The complaints shall be settled by the Seller with undue delay, at most within 30 days from the day following the day the complaint was filed, unless the Buyer and the Seller negotiate an extension of the period.

The period of the resolution of the complaint commences on the day following the day the compliant was made till the day the complaint is settled, not the day the Buyer picks up the goods. The Buyer shall be notified of the settlement of the complaint by email that the Buyer provided at purchase.

Once the complaint is settled, the Seller shall notify the Buyer via phone, text message or email. In case the goods were sent via a transport operator, the goods shall be automatically sent to the Buyer via a transport operator as well once the complaint is settled.

The Buyer is obligated to pick up the goods within 30 days after the complaint is settled, afterwards the Seller may charge proportional storage fee or sell the goods at the Buyer’s account. The storage fee is CZK 10 per day, in case of goods weighing over 5 kilos CZK 20 per day. The Seller must notify the Buyer of such procedure and provide the Buyer with a reasonable time frame to pick up the goods.

VI. Safety and protection of information

The Seller is obligated to treat personal information of the Buyer within the meaning and scope of Act No. 101/2000 Coll., on the Protection of Personal Data.

The Seller hereby declares that all personal data are confidential, shall only be used to facilitate fulfillment of the purchase agreement entered into with the Buyer and shall not be published, provided to third persons etc. except for situations related to distribution or payment  of ordered goods (name and address for delivery).

The Buyer is obligated to notify the Seller without undue delay of any change of identification, invoice or contact details that could have an impact on fulfillment of the purchase agreement.

VII. Specific conditions for services (hereinafter as “adventure” or “event”)

The Buyer or persons related to the Buyer (hereinafter as “Participant”) participate in the ordered adventure exclusively at their own risk and it is up to the Participants to judge whether their physical and psychological conditions suffice to take part in the adventure without any risks.

Information about each individual item contain possible risks or limitations related to specific event (e.g. age, required physical endurance, competence etc.) – information about such risks or limitations may be verified or additionally provided via phone or email by the Seller.

By participating in the event, the Participants confirm that they got acquainted with limitations and risks and agree with them. The Participant at the same time undertakes to act in compliance with the Business terms of the Seller and respect advice and instructions of professional supervisors.

The Participant is obligated to undersign safety directions at the venue of the event in case the nature of the event requires it. 

VIII. Final provisions

The Seller shall deal with out of court complaints via electronic address info@czechbeer­gifts.com. The Seller shall send information about settlement of a complaint to the Buyer’s electronic address. Supervision over compliance with the Seller’s obli­gations pursuant to Consumer Protection Act is conducted by the Czech Trade Inspection (www.coi.cz).

For the out of court settlement of consumer disputes arising from the purchase agreement, is responsible the Czech Trade Inspection, headquartered in Štěpánská 567/15, 120 00 Praha 2, ID: 000 20 869, Internet address: http://www.coi.cz.

These Business Terms are valid as of 1 February 2016­. The Seller reserves the right to change or amend these Business terms including prices for transport without prior notice.

Approved by Jan Prokop.

 

Annex 1: Template withdrawal form

(only fill in this form and send it back to the Seller in case of withdrawal from the agreement within the meaning of Art. IV of the Business terms)

Addressee. Jan Prokop, Mikovcova 12, Prague 2, ZIP Code 120 00, email: info@piv­nidarky.cz

I hereby notify that within 14 days from receipt I withdraw from the contract for the following goods/services (cross out non applicable):

_____________­________________________­________________________­_____________

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Number of the order:

Date of the order:

Date of receipt by the Buyer:

First and last name of the Buyer:

Address of the Buyer:

Email address of the Buyer:

Date, signature of the Buyer: