Droinvest, s.r.o. with its registered office at Makovskeho 1177/1, 16300 Prague 6 ID: 29035295 VAT ID: cz29035295 registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 161657 for the sale of goods through an online store located at the Internet address www.pivovarauersperg.cz
- INTRODUCTORY PROVISIONS
1.1.These Terms and Conditions (hereinafter referred to as the "Terms and Conditions") of the trading company Droinvest, s.r.o. with its registered office at Makovskeho 1177/1, 16300 Prague 6 identification number: 29035295, DIC CZ29035295, registered in the Commercial Register maintained by the Mestke Court in Prague, Section C, Insert 161657 (hereinafter referred to as the "Seller") are regulated in accordance with the provisions of § 1751 par. 1 of Act No. 89/2012 Coll., The Civil Code (hereinafter referred to as the "Civil Code") mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Agreement") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online store. The e-shop is operated by the seller on a website located at the internet address www.pivovarauersperg.cz (hereinafter referred to as the "website") through the website interface (hereinafter referred to as the "web interface of the store"). 1.2.Provisions deviating from the Terms and Conditions can be negotiated in the Purchase Contract. Deviating arrangements in the purchase contract take precedence over the provisions of the Terms and Conditions. 1.3.The provisions of the Terms and Conditions are an integral part of the Purchase Contract.The Purchase Agreement and the Terms and Conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language. 1.4.The seller may change or supplement the wording of the terms and conditions. This provision is without prejudice to the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.
- USER ACCOUNT
2.1.Based on the buyer's registration made on the website, the buyer can access its user interface. From its user interface, the buyer can order goods (hereinafter referred to as the "user account"). If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store. 2.2.When registering on the website 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 upon any change.The data provided by the buyer in the user account and when ordering the goods are considered correct by the seller. 2.3.Access to the user account is secured by a user name and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
- CONCLUSION OF THE PURCHASE CONTRACT
3.1.All presentations of goods placed in the web interface of the store are of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of § 1732 para. 2 of the Civil Code does not apply. 3.2.The web interface of the store contains information about the goods, including the prices of individual goods and the cost of returning the goods, if these goods by their nature cannot be returned by the usual postal route.The prices of the goods include value added tax and all related fees.The prices of the goods remain valid for as long as they are displayed in the web interface of the store.This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated conditions. 3.3.The web interface of the store also contains information about the costs associated with the packaging and delivery of goods.Information on the costs associated with the packaging and delivery of goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic. 3.4.To order goods, the buyer fills in the order form in the web interface of the store. The order form contains in particular information about: 3.4.1.ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store), 3.4.2.the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and 3.4.3.information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order"). 3.5.Before sending the order by the seller, the buyer is allowed to check and change the data that the buyer has placed in the order, also with regard to the buyer's ability to detect and correct errors made when entering data into the order.The order is sent by the buyer to the seller by clicking on the "order" button. The data specified in the order are considered correct by the seller.Immediately after receiving the order, the Seller shall confirm this receipt to the Buyer by e-mail, to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "Buyer's e-mail address"). 3.6.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 (for example, in writing or by phone). 3.7.The contractual relationship between the seller and the buyer arises from the 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. 3.8.The Buyer agrees to the use of remote means of 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) are paid by the buyer himself, while these costs do not differ from the basic rate.
- PRICE OF GOODS AND PAYMENT TERMS
The price of the goods and any costs associated with the delivery of the goods under the purchase contract may be paid by the buyer to the seller by cashless payment card in the e-shop / electronic order environment. 4.1.Together with the purchase price, the buyer is also 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 also includes the costs associated with the delivery of the goods. 4.2.The seller does not require a deposit or other similar payment from the buyer.This is without prejudice to the provisions of Art.4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance. 4.3.In the case of cash on delivery, the purchase price is payable upon receipt of the goods. 4.4.The seller is entitled, especially if the buyer does not receive additional confirmation of the order (art.3.6), require payment of the full purchase price before sending the goods to the buyer. The provisions of § 2119 para. 1 of the Civil Code does not apply. 4.5.Any discounts on the price of goods provided by the seller to the buyer can not be combined with each other. 4.6.If it is customary in the course of business or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document – a receipt from the cash register – to the Buyer regarding payments made on the basis of the Purchase Contract. Tax document – the receipt is issued by the seller to the buyer after payment of the price of the goods. 4.7. The prices listed in the e-shop are only indicative. The preparation technology cannot guarantee an absolutely accurate weight of the products, so the resulting price at the box office may differ slightly from the price of the order according to the actual weight quantity.
- WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1.The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from the purchase contract for the supply of goods that have been modified according to the buyer's wishes or for his person, from the purchase contract for the supply of perishable goods, as well as goods that have been irreversibly mixed with other goods after delivery, from the purchase contract for the supply of goods in sealed packaging, which the consumer has removed from the packaging and for hygienic reasons it is not possible to return and from the purchase contract for the supply of audio or video recordings or computer programs if they have broken their original packaging. 5.2.For perishable goods (meat and meat products), it is not possible to withdraw from the contract within fourteen (14) days of receipt of the goods. 5.3.In cases where the buyer has in accordance with the provisions of § 1829 paragraph. 1 of the Civil Code, the right to withdraw from the purchase contract, the seller is also entitled to withdraw from the purchase contract at any time, until the goods are taken over by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, by wire transfer to the account specified by the buyer.
- TRANSPORT AND DELIVERY OF GOODS
6.1.All goods will be sent to the buyer by post and the buyer agrees to his immediate prevzetim. 6.2.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 upon delivery. 6.3.In the event that, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively the costs associated with another method of delivery. 6.4.Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the event of a violation of the packaging indicating unauthorized intrusion into the shipment, the buyer does not have to take over the shipment from the carrier. 6.5.The date of delivery of the goods is determined by the buyer when ordering. Usually, the gods should be delivered within 48 hours of confirming the order. 6.6.Other rights and obligations of the parties in the transport of goods may be regulated by special delivery terms of the seller, if they are issued by the seller.
- RIGHTS FROM DEFECTIVE PERFORMANCE
7.1.The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of 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, as amended). 7.2.The seller is liable to the buyer that the goods have no defects upon receipt. In particular, the seller is liable to the buyer that at the time when the buyer took over the goods: 7.2.1.the goods have the properties that the parties have agreed and, in the absence of an arrangement, have such properties that the seller or manufacturer has described or that the buyer expected with regard to the nature of the goods and on the basis of advertising carried out by them, 7.2.2.the goods are fit for the purpose stated by the seller for their use or for which goods of this type are usually used, 7.2.3.the goods correspond to the quality or design of the agreed sample or template, if the quality or design was determined according to the agreed sample or template, 7.2.4.is the goods in the appropriate quantity, measure or weight and 7.2.5.the goods comply with the requirements of legal regulations. 7.3.Provisions referred to in Art.7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price was agreed, to wear and tear of the goods caused by their normal use, to used goods to a defect corresponding to the degree of use or wear and tear that the goods had when taken over by the buyer, or if it results from the nature of the goods. 7.4.The rights arising from defective performance are exercised by the buyer at the seller's address at his establishment, where the acceptance of the complaint is possible with regard to the range of goods sold, or even at the registered office or place of business [JA18] . [JA19] 7.5.Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's Complaints Procedure.
- OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1.The buyer acquires ownership of the goods by paying the full purchase price of the goods. 8.2.The seller is not bound in relation to the buyer by any codes of conduct within the meaning of § 1826 para. 1 point. e) the Civil Code. 8.3.Consumer complaints are handled by the seller via the electronic address of the firstname.lastname@example.org. Information on the settlement of the buyer's complaint will be sent by the seller to the buyer's electronic address. 8.4.The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, Internet address: http://www.coi.cz, is responsible for 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 arising from the purchase contract. 8.5.European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is the contact point pursuant to Regulation (EU) No.Regulation (EC) No 524/2013 of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 524/2013 on online dispute resolution for consumer disputes. 2006/2004 and Directive 2009/22/EC (Regulation on Online Dispute Resolution for Consumer Disputes). 8.6.The seller is entitled to sell 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. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, to a defined extent, among other things, supervision of compliance with Act No.634/1992 Coll., on consumer protection, as amended. 8.7.The Buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765 para. 2 of the Civil Code.
- PERSONAL DATA PROTECTION (GDPR)
9.1.For the purposes of this Policy, the following definitions shall apply:
- Operator Droinvest, s.r.o. with its registered office at Makovskeho 1177/1, 16300 Prague 6, ID 29035295, DIC: CZ29035295; e-mail: email@example.com, tel. 737 537 445.
- Personal data means name and surname, home address, telephone number, e-mail address, individual orders and their amount, IP address, Cookies
9.2 The Operator, as the administrator of Personal Data, hereby informs about the manner and scope of processing Personal Data, including the scope of the User's rights (as defined below) related to the processing of their Personal Data. 9.3 The Operator is the operator of the online shop with meat and meat products at www.pivovarauersperg.cz. As part of this service, personal data are processed by the Operator:
- to the extent that they were provided in connection with the order of the Operator's products and/or services, or in the context of negotiations on the conclusion of a contract with the Operator, as well as in connection with the concluded contract; and
- for the purpose(s) set out in point 4 below.
9.4 The Operator processes Personal Data for the following purposes:
- performance of the contract and provision of services;
- fulfillment of legal obligations (in particular accounting, tax and archiving);
- marketing and business offers of the Operator's services
- protection of the rights and legally protected interests of the controller (legitimate interest).
9.5 The Operator is the controller of Personal Data. Personal data is not processed by any other entity. Only the controller will have access to the processed Personal Data. 9.6 Natural persons who fill in and send to the Operator a completed order form from the online store www.pivovarauersperg.cz (hereinafter referred to as the "User") are subject to Act No.101/2000 Coll., on the protection of personal data, as amended, and other relevant legal regulations. 9.7 The User acknowledges that by sending the completed order form, the processing of Personal Data by the Operator begins. 9.8 If the User does not provide his/her Personal Data, it is not possible to conclude a contract with the Operator and/or provide him with the services resulting from it. In this context, personal data are necessary for the provision of a specific service or product of the Operator. 9.9 Personal data will be processed for the duration of negotiations on the conclusion of a contract between the Operator and the User, for the purpose of concluding a contract, as well as for the duration of the contractual relationship. 9.10 In the event of the conclusion of a contract under the Terms and Conditions of the Operator, Personal Data will be processed and stored for the next 36 months in the event of a dispute arising concerning the relationship between the Operator and the User, in order to protect the legitimate interests of the Operator. The legitimate interest of the Operator is the proper and timely performance of the agreed contractual obligation between the Operator and the User and the fulfillment of legal obligations arising from the contractual relationship between the Operator and the User. 9.11 In order to fulfil the legal obligation to archive accounting documents on the basis of Act No.563/1991 Coll., on Accounting, as amended, Personal Data (except for e-mail address and telephone number) will be further processed and stored for a period of 1 month starting from the month following the month in which the contract between the Operator and the User was concluded. 9.12 Personal data – telephone number and e-mail – will be processed for the purposes of marketing and commercial communications for the duration of the User's registration pursuant to Article II. 5 and for a period of 12 months after its termination, unless the consent is revoked by the User at any time. 9.13 Upon expiry of the period specified in points 9.9, 9.10 and 9.11, the Operator shall destroy the Personal Data. 9.14 The User is obliged to provide the Operator only with true and accurate Personal Data. 9.15 The Operator shall make every effort to prevent unauthorized processing of Personal Data. 9.16 Users' personal data will not be passed on to any third parties, to a third country or to an international organization. 9.17 Personal data are and will be processed in electronic form in a non-automated manner. 9.18 The User acknowledges that his/her personal data is stored in the datacenters of Google LLC. The Operator uses G Suite and Google Cloud Platform services, the operation of which is in accordance with European standards of personal data protection. 9.19 The User acknowledges that cookies may be stored by Google LLC on his/her device.
- User rights related to the processing of personal data
10.1 The User has the right to withdraw his/her consent (in cases where the processing of Personal Data takes place on the basis of consent) to the processing of the Personal Data provided at any time. However, the withdrawal of consent to the processing of Personal Data is not possible to the extent and for the purpose of fulfilling a legal obligation by the Operator. Withdrawal of consent is without prejudice to the lawfulness of processing based on consent given prior to its withdrawal. Withdrawal of consent also does not affect the processing of Personal Data that the administrator processes on the basis of a legal basis other than consent (i.e. in particular if the processing is necessary for the performance of a contract, a legal obligation or for other reasons specified in applicable law). 10.2 The User also has the right to:
- request from the Operator access to his Personal Data;
- to correct the Personal Data provided;
- the deletion of the Personal Data provided;
- to restrict the processing of Personal Data; and
- file a complaint with the Office for Personal Data Protection.
10.3 In the event that the User believes that the Operator carries out the processing of his Personal Data that is contrary to the protection of his private and personal life or contrary to the relevant legal regulations, especially if the Personal Data are inaccurate with regard to the purpose of their processing, he may:
- ask the Operator for an explanation by e-mail to the address firstname.lastname@example.org;
- to object to the processing and request by e-mail sent to the address email@example.com that the Operator ensures the removal of the resulting condition (e.g. by blocking, correcting, supplementing or deleting personal data). The Operator shall immediately decide on the objection and inform the User. If the Operator does not comply with the objection, the User has the right to contact the Office for Personal Data Protection directly. This provision is without prejudice to the User's right to contact the Office for Personal Data Protection directly with his/her complaint.
10.4 If the User requests information about the scope or method of processing their Personal Data, the Operator is obliged to provide this information immediately, but no later than one month after receipt of the request by the Operator at the address firstname.lastname@example.org. 10.5 If the User exercises the right to access Personal Data in electronic form, the Operator shall also provide the requested information in electronic form, unless the User requests another way of providing information. 10.6 In the event of a repeated and unjustified request for the provision of a physical copy of the processed Personal Data, the Operator is entitled to charge a reasonable fee for the administrative costs associated with it.
- Final provisions regarding the processing of personal data
11.1 All legal relationships arising in connection with the processing of Personal Data are governed by the laws of the Czech Republic, regardless of where the access to them was made from. Czech courts are competent to resolve any disputes arising in connection with the protection of privacy between the User and the Operator. 11.2 Users who provide their Personal Data via the order form for the purpose of concluding a contract with the Operator or provide consent to the processing of Personal Data do so voluntarily, on their own behalf and the Operator does not control their activities in any way. 11.3 The Operator may change or supplement the wording of the Principles. The Operator shall inform the User of any such change by e-mail at least 30 days before the changes take effect. This Policy comes into effect on 24.08.2019.
- SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
10.1.The Buyer agrees to receive information related to the Seller's goods, services or business to the Buyer's electronic address and further agrees to receive commercial communications from the Seller to the Buyer's electronic address. 10.2.The buyer agrees to store so-called cookies on his computer. In the event that it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase contract without storing so-called cookies on the buyer's computer, the buyer may withdraw the consent under the previous sentence at any time.
- FINAL PROVISIONS
11.1.If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations. 11.2.If any provision of the Terms and Conditions is invalid or ineffective, or becomes so, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. 11.3.The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible. 12.4.The annex to the Terms and Conditions consists of a sample form for withdrawal from the purchase contract. 12.5.Contact details of the seller: delivery address Makovskeho 1177/1, 16300 Prague 6, e-mail address email@example.com, phone 737 537 445. In Prague on 24.08.2019