The trading company, Přátelé Pavlova, s.r.o., registered at Slunný vrch 333, 692 01 Pavlov, Czech Republic, Company Registration Number: 019 98 021
inscribed under file number C 79970 in the Companies Register kept by the Regional Court in Brno for the sale of goods through an online store at the following address: https://www.pratelepavlova.cz/en/our-wines.
1. INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter referred to as the ‘Terms and Conditions’) of the trading company, Přátelé Pavlova s.r.o., registered at Slunný vrch 333, 692 01 Pavlov, Company Registration Number: 019 98 021, inscribed under file number C 79970 in the Companies Register kept by the Regional Court in Brno, (hereinafter referred to as the ‘Seller’) are governed in accordance with the provisions of Article 1751, Paragraph 1 of Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter referred to as the ‘Czech Civil Code’) the mutual rights and obligations of the contracting parties arising in connection with, or on the basis of, a purchase agreement (hereinafter referred to as the ‘purchase agreement’) concluded between the Seller and another person – a consumer over 18 years of age (hereinafter referred to as the ‘Buyer’) through the Seller’s online store. The online store is operated by the Seller via a website located at the following Internet address: https://www.pratelepavlova.cz/en/our-wines (hereinafter referred to as the ‘website’), through the website interface (hereinafter referred to as the ‘store’s web interface’).
1.2. The Terms and Conditions do not apply to cases where the person who intends to purchase goods from the Seller is a legal entity or a person who, when ordering goods, is acting in the course of their business activity or as part of their independent profession. For the avoidance of doubt, it is stated that these terms and conditions apply exclusively to purchase agreements concluded between the Seller as an entrepreneur and the Buyer as a consumer. No person under the age of 18 is entitled to enter into a purchase agreement with the Seller. The sale of alcoholic beverages to persons under the age of 18 is prohibited.
1.3. The Terms and Conditions are an integral part of the purchase agreement. The purchase agreement and these Terms and Conditions are drawn up in the Czech language. The purchase agreement shall be concluded in the Czech language.
1.4. The wording of the Terms and Conditions may be amended or supplemented by the Seller. In the event that the Terms and Conditions are amended or supplemented, the rights and obligations of the Buyer arising during the period of validity of these Terms and Conditions will not be affected. The currently-effective version of the Terms and Conditions is displayed on the website. In the event of a change to the Terms and Conditions, the current version, as well as all previous versions, will always be displayed on the website.
2. CONCLUDING THE PURCHASE AGREEMENT
2.1 The Buyer is entitled to order goods from the store’s web interface.
2.2 The presentation of all goods on the store’s web interface serves merely as an informative nature and the Seller is therefore not obliged to conclude a purchase agreement for these goods. The provisions of Article 1732, Paragraph 2 of the Czech Civil Code shall not apply.
2.3 The store’s web interface contains information about the goods, including their prices. The prices of goods are listed including VAT and all related fees. The prices of the goods remain valid for the time they are displayed on the store’s web interface. This provision does not limit the Seller’s ability to conclude a purchase agreement under individually negotiated conditions.
2.4 The store’s web interface also contains information about the costs associated with the packaging of individual goods and their transport. Information on the costs associated with the packaging, transport, and delivery of the goods listed on the store’s web interface only applies in cases where the goods are delivered within the territory of the Czech Republic.
2.5 To order goods, the Buyer shall fill out the order form on the store’s web interface. The order form primarily contains information about:
- the ordered goods (the ordered goods ‘added’ by the Buyer to the electronic shopping cart of the store’s web interface),
- the method of payment for the purchase price of the goods,
- data on the required delivery method of the ordered goods, including the delivery address,
- information about the costs associated with the requested goods, the delivery of the goods, and services (together referred to as the ‘order’).
2.6 Before sending the order to the Seller, the Buyer is permitted to check and change the information entered in their order, also with regard to the Buyer’s ability to detect and correct errors that may have occurred when entering data to the order. The Buyer shall send the order to the Seller by clicking the order button. Before clicking this button, the Buyer is obliged to confirm acknowledgement of these Terms and Conditions, otherwise it shall not be possible to send the order and conclude the purchase agreement. The information specified in the order is to be considered as correct by the Seller. Immediately upon receiving the order, the Seller will confirm receipt to the Buyer, by email to the Buyer’s email address specified in their order (hereinafter referred to as the ‘Buyer’s email address’).
2.7 The Seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated delivery costs), to ask the Buyer for further confirmation of the order (for example, in writing or by phone).
2.8 Neither sending the order, nor delivery of the order shall result in the conclusion of a purchase agreement. The purchase agreement is concluded and the contractual relationship between the Buyer and the Seller is established at the moment of sending the Seller’s confirmation pursuant to Article 2.6 of these Terms and Conditions. The conclusion of a purchase agreement without negotiating all its requirements is excluded under the provisions of Article 1726 of the Czech Civil Code. Furthermore, in accordance with Article 1740, Paragraph 3 of the Czech Civil Code, the Seller excludes the acceptance of an offer with an amendment or deviation.
2.9 The Buyer agrees to use remote means of communication when concluding the purchase agreement. The costs incurred by the Buyer when using these means of communication in connection with the conclusion of the purchase agreement (costs of internet connection, costs of telephone calls) shall covered by the Buyer himself.
3. THE PRICE OF INDIVIDUAL GOODS AND THE TERMS OF PAYMENT
3.1. The price of the goods and any costs associated with the delivery of the goods according to the purchase agreement shall be paid by the Buyer to the Seller by bank transfer to the Seller’s bank account, (hereinafter referred to as the ‘Seller’s account’) using the variable symbol either specified in the order confirmation or in the Seller’s invoice. The Buyer’s costs of sending the outgoing payment from the Buyer’s account to the Seller’s account (banking fees according to the tariffs of the bank with which the Buyer has an account) shall be covered by the Buyer, and the Seller shall then cover the costs associated with crediting the payment to the Seller’s account.
3.2. Unless expressly otherwise stated, the purchase price also includes the costs associated with packaging and delivery of the goods.
3.3. The Buyer is obliged to pay the purchase price and in doing so, specify the variable payment symbol. The Buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller’s account.
3.4. The Seller will issue a tax document – an invoice – to the Buyer regarding payments made on the basis of the purchase agreement. The Seller is a payer of VAT. The tax document – an invoice with a specified due date – shall be issued by the Seller to the Buyer at the time of dispatch of the goods and sent in electronic form to the Buyer’s email address. The payment deadline for the invoice is 14 days from its issuance.
3.5. The option to make changes to the goods or their prices displayed on the website is reserved. The offer of the goods displayed is valid while stocks last
4. WITHDRAWAL FROM THE PURCHASE AGREEMENT
4.1. The Buyer acknowledges that, according to the provisions of Article 1837 of the Czech Civil Code, it is not possible, among other things, to withdraw from the purchase agreement for the supply of goods and services that has been modified according to the wishes of the Buyer or for his own use, or from a purchase agreement for the supply of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery, or from a purchase agreement for the supply of goods in sealed packaging that the consumer has removed from the packaging, and therefore cannot be returned for hygienic reasons.
4.2. Should it not be the case as mentioned in Article 4.1 of these Terms and Conditions or in other cases where it is not possible to withdraw from the purchase agreement, the Buyer has the right to withdraw from the purchase agreement in accordance with Article 1829, Paragraph 1 of the Civil Code, within fourteen (14) days of receipt of the goods; in the event that the subject of the purchase agreement concerns several types of goods or a delivery of several parts, this period shall start from the date of receipt of the last delivery of goods. Withdrawal from the purchase agreement must be sent to the Seller within the period specified in the previous sentence. The withdrawal from the purchase agreement may be sent by the Buyer to the Seller’s registered address at: Slunný vrch 333, 692 01 Pavlov, Czech Republic, or to the Seller’s email address: pavel@pritelpavlova.cz. To withdraw from the contract, the sample withdrawal form available here may be used.
4.3. In the case of a withdrawal from the purchase agreement under the provisions of 4.2 of these Terms and Conditions, the purchase agreement is cancelled from the beginning. The goods must be returned to the Seller within fourteen (14) days of withdrawal from the agreement with the Seller. If the Buyer withdraws from the purchase agreement, the Buyer bears the costs associated with returning the goods to the Seller.
4.4. In the event of a withdrawal from the contract, the Seller will return the funds received from the Buyer within fourteen (14) days of the withdrawal from the purchase agreement by the Buyer, in the same method that the Seller received them from the Buyer. The Seller is entitled to return the payment provided by the Buyer when the goods have been returned by the Buyer or through another method, should the Buyer agree, and no additional costs have been incurred by the Buyer. If the Buyer withdraws from the purchase agreement, the Seller is not obliged to return the funds received to the Buyer before the Buyer has returned the goods to them.
4.5. Returned goods must not show signs of use, or be damaged, or incomplete. The Seller is entitled to unilaterally subtract compensation for damage caused to the goods against the Buyer’s claim of a refund of the purchase price.
4.6. In cases where the Buyer has the right to withdraw from the purchase in accordance with Article 1829, Paragraph 1 of the Czech Civil Code, the Seller is also entitled to withdraw from the purchase agreement at any time up until the point that the goods are received by the Buyer. Furthermore, the Seller has the right to withdraw from the purchase agreement if the goods have been properly delivered to the Buyer and no payment has been received, either by the due date stated in the invoice or within an additional period of at least 7 days.
4.7. If a gift is provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the purchase agreement, any agreement regarding such gifts ceases to be effective, and the Buyer is obliged to return the provided gift along with the goods to the Seller.
5. TRANSPORTATION AND DELIVERY OF GOODS
5.1. In the event that the mode of transport is agreed on the basis of a special request by the Buyer, the Buyer bears the risk and any additional costs associated with this mode of transport.
5.2. If, according to the purchase agreement, the Seller is obliged to deliver the goods to the location specified in the order by the Buyer, the Buyer is obliged to receive the goods upon delivery.
5.3. If, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or in a manner other than was specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or costs associated with other delivery methods.
5.4. Upon receipt of the goods from the courier, the Buyer is obliged to check that the packaging of the goods has not been damaged and, in the event of any defects to the packaging, to notify the courier immediately. In the event of a breach of the packaging indicating an unauthorized intrusion to the consignment, the Buyer does not have to accept the consignment from the courier
6. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
6.1. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally-binding legislation (in particular the provisions of Articles 1914 to 1925, Articles 2099 to 2117, and Articles 2161 to 2174 of the Czech Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended).
6.2. The Seller shall be held liable by the Buyer that the goods are free of defects upon receipt. In particular, the Seller shall be held liable by the Buyer at the time the Buyer takes receipt of the goods that:
- the goods bear the properties agreed by the parties, and in the absence of agreement, the goods bear the properties described by the Seller or manufacturer, or properties that the Buyer expected with regard to the nature of the goods and based on the presentation on the website,
- the goods are in the appropriate quantity,
- the goods meet the legal requirements.
6.3. Rights arising from defective performance are exercised by the Buyer against the Seller, together with sending the reclaimed goods, or at least a sample of them, to the following address: Přátelé Pavlova s.r.o., Slunný vrch 333, 692 01 Pavlov, Czech Republic. The claim is made at the moment the reclaimed goods are received by, or handed over to, the Seller.
6.4. If the goods do not have the characteristics as specified in Article 6.2 of these Terms and Conditions, or have a defect, the Buyer has the right to choose, upon reporting a defect and without undue delay, which right or method of complaint resolution is preferred, if possible. The Buyer cannot change the choice made without the Seller’s consent; this does not apply if the Buyer requested the resolution of a defect that turns out to be irreparable. The Buyer has the right, if the defect is removeable and if it is reasonable under the circumstances, to demand either the resolution or addition of what is missing, or a reasonable discount to the price. The Buyer also has the right to request the delivery of new goods without defects, if this is reasonable. If the defect cannot be removed and if the goods cannot be properly used, the Buyer may either withdraw from the agreement or demand a reasonable discount to the price. Anyone who has the right according to Article 1923 of the Czech Civil Code is also entitled to a reimbursement of the costs effectively incurred in exercising this right. However, if the right to compensation is not exercised within one month of the expiry period within which the defect is to be claimed, the Court will not grant this right if the Seller objects that the right to compensation had not been exercised in time.
6.5. The reclaimed goods must be handed over to the Seller, if possible, in the original packaging. The Buyer is obliged to deliver to the Seller, together with the reclaimed goods, a description of the defect of these goods.
6.6. The Seller is obliged to settle the complaint without undue delay, no later than 30 days from the date of complaint by the Buyer. Within this period for handling the complaint, the Seller is obliged, if necessary, to provide a professional assessment of the defect and to further decide whether the complaint is justified or not, and if so, to deliver new goods in the claimed quantity. In the event that, as part of the complaint procedure regarding a specific defect, it is decided that the complaint is unjustified, this defect cannot be repeatedly invoked as a reason for reclaiming the goods, and the Seller is entitled to refuse to accept the reclaimed goods in such a case.
6.7. The Seller is obliged to notify the Buyer of the settlement of the complaint
7. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
7.1. The Buyer assumes ownership of the goods upon payment of the total purchase price of the goods.
7.2. The out-of-court resolution of consumer dispute settlements arising from purchase agreements is the responsibility of the Czech Trade Inspection Authority, registered at Štěpánská 567/15, 120 00 Prague 2, Czech Republic, Company Registration Number: 000 20 869, internet address: http://www.coi.cz.
7.3. The Seller is authorized to sell goods on the basis of a trading license. Trading inspections are carried out by the relevant Trade Licensing Office within the scope of its jurisdiction. Supervision of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises to a defined extent, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
7.4. The Buyer hereby assumes the risk of changing circumstances in accordance with Article 1765, Paragraph 2 of the Czech Civil Code.
8. THE SENDING OF COMMERCIAL COMMUNICATIONS
8.1. The Buyer agrees to the sending of information related to the Seller’s goods or services to the Buyer’s email address and also agrees to the Seller sending commercial communications to the Buyer’s email address.
9. FINAL PROVISIONS
9.1. Should the legal relationship established by the purchase agreement include an international (foreign) element, then the parties agree that the relationship shall be governed by Czech law. This does not affect consumer rights arising from generally-binding legislation.
9.2. Should any provision of the Terms and Conditions be invalid or unenforceable, or become as such, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or unenforceability of one provision does not affect the validity of the other provisions.
9.3. The purchase agreement, including the Terms and Conditions, is archived by the Seller electronically and shall not be accessible.
9.4. The Seller’s contact details: the delivery address is Slunný vrch 333, 692 01 Pavlov, Czech Republic, the email address is pavel@pritelpavlova.cz, the telephone no. is +420 602 500 266.
Pavlov, 6 July 2021
Přátelé Pavlova, s.r.o.
JUDr. Pavel Müller, Authorised Representative