Terms and Conditions

Introductory Provisions

These Terms and Conditions apply to purchases made through the online store www.vinoboretice.cz on the website www.vinoboretice.cz, operated by Rodinné vinařství Jedlička, Bořetice, a.s.

Seller:

Rodinné vinařství Jedlička, Bořetice, a.s., Bořetice 511, 691 08 Bořetice

tel: +420 608 183 257, email: vinoboretice@vinoboretice.cz

Billing address: Rodinné vinařství Jedlička, Bořetice, a.s., Masarykova 439/9, 602 00 Brno

Company ID: 27746658, VAT ID: CZ27746658, registered in the Commercial Register maintained by the Regional Court in Brno, Section B, File No. 5038

Buyer:

A natural and/or legal person who purchases products or goods from the online store www.vinoboretice.cz

Contractual relationships are governed exclusively by the laws of the Czech Republic and Czech jurisdiction. By placing a binding order, the buyer agrees to these Terms and Conditions and undertakes to comply with them in full.

Conclusion of the Purchase Contract

The web interface of the store contains a list of goods offered by the seller for sale, including the prices of individual products. The prices of the goods are listed inclusive of value added tax (VAT) and all related fees. The offer for the sale of goods and the prices of such 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 agreed conditions.

All offers for the sale of goods placed in the web interface of the store are non-binding, and the seller is not obliged to conclude a purchase contract regarding such goods. The web interface of the store also contains information about the costs associated with packaging and delivery of goods. Information on packaging and delivery costs provided in the web interface of the store applies only in cases where the goods are delivered within the territory of the Czech Republic.

To order goods, the buyer fills in the order form in the web interface of the store. By submitting the order, the buyer confirms that they are 18 years of age or older.

The order form contains in particular information about the ordered goods (the buyer adds the selected goods to the electronic shopping cart in the web interface of the store), the method of payment of the purchase price, details of the requested delivery method, and information about the costs associated with the delivery of goods (hereinafter collectively referred to as the “order”).

Before submitting the order to the seller, the buyer is allowed to review and modify the data entered into the order, including the possibility to detect and correct errors made when entering data. The buyer submits the order to the seller by clicking the “Confirm Order” button. The data provided in the order are considered correct by the seller.

The seller shall confirm receipt of the order to the buyer without undue delay by electronic mail, sent to the buyer’s email address specified in the user interface or in the order (hereinafter referred to as the “buyer’s email address”).

Only a properly completed order containing all required elements is considered valid. Orders placed via the online store are considered binding. The seller is not liable for errors in the order made by the buyer. The order number shall always be decisive, not any accompanying text of the order.

By submitting the order, the buyer confirms that they have read and agree to these terms and conditions.

By submitting the order, the buyer accepts the price of the goods, the selected method of delivery, and the payment terms.

The seller reserves the right to request additional written authorization of the order from the buyer.

The submission of the order is considered a proposal for the conclusion of a purchase contract. The place of delivery of the goods is the delivery address specified by the buyer in the order form. Ownership of the goods passes to the buyer upon receipt of the goods and full payment of the purchase price.

The seller is always entitled, depending on the nature of the order (quantity of goods, total purchase price, estimated delivery costs), to request additional confirmation of the order from the buyer (for example, in writing or by telephone).

The contractual relationship between the seller and the buyer is established upon delivery of the order acceptance (confirmation), which is sent by the seller to the buyer by electronic mail to the buyer’s email address.

The buyer acknowledges that the seller is not obliged to conclude a purchase contract, in particular with persons who have previously materially breached a purchase contract (including the terms and conditions).

The buyer agrees to the use of distance communication means when concluding the purchase contract. The costs incurred by the buyer when using distance communication means in connection with the conclusion of the purchase contract (costs of internet connection, telephone calls) shall be borne by the buyer.

Subject of the Order and Seller’s Obligations

The subject of the contract is only the goods specified in the order that can be delivered. The seller undertakes to deliver only goods in proper condition and in accordance with the specifications or characteristics customary for the given type of goods, complying with applicable standards, regulations, and legal requirements in force within the territory of the Czech Republic, and properly supplied with Czech user manuals, warranty certificates, and lists of warranty and post-warranty service centers, if customary for the given type of goods.

The seller is obliged to perform its obligations duly, on time, and with due care, and is also obliged to protect, within its capabilities, the rights and legitimate interests of the customer in an appropriate manner.

The seller has the right to refuse an order if the buyer repeatedly fails to fulfill their obligation to accept the goods and pay the purchase price.

Buyer’s Obligations

The buyer is obliged to provide a correct and complete postal address to which the ordered goods are to be delivered.

The buyer is obliged to accept the ordered goods and pay the purchase price, including any delivery charges. The customer is informed of the final price during the order process before its binding confirmation.

Price of Goods and Payment Terms

The buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract using the following methods:

Cash on delivery – payment upon receipt
Orders from 1 kg (inclusive) up to 10 kg: CZK 180
Orders from 11 kg to 20 kg: CZK 350

For orders over CZK 3,000, shipping and packaging within the Czech Republic are free of charge.
For other countries, shipping costs are determined according to the price lists of transport companies.

In addition to the purchase price, the buyer is also obliged to pay the seller the costs associated with packaging and delivery of the goods. Unless explicitly stated otherwise, the purchase price also includes the costs associated with delivery of the goods.

Free shipping without a guaranteed delivery date may be offered. This type of delivery is arranged by the seller.

In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 3 days from the conclusion of the purchase contract.

In the case of non-cash payment, the buyer is obliged to pay the purchase price together with the specified payment reference (variable symbol). The buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller’s account.

Online card payment. In the case of online card payment, the total price is payable immediately.

The seller is entitled, especially if the buyer fails to provide additional confirmation of the order (Article 1.16), to require payment of the full purchase price before dispatching the goods to the buyer.

Any discounts on the price of goods provided by the seller to the buyer cannot be combined.

If it is customary in business practice or required by generally binding legal regulations, the seller shall issue the buyer a tax document – an invoice – for payments made under the purchase contract.

The seller is a payer of value added tax (VAT).

The seller shall issue the tax document – invoice – to the buyer after payment of the price of the goods and shall send it in electronic form to the buyer’s email address.

Withdrawal from the Purchase Contract

Withdrawal from the purchase contract by the buyer:

The buyer has the right to withdraw from the contract within 14 days from the date of receipt of the goods. Within this period, the buyer is obliged to return the goods to the seller undamaged, without signs of use or wear, in the original packaging, at their own expense, together with proof of purchase.

The buyer is obliged to inform the seller of their intention to withdraw from the contract by email at vinoboretice@vinoboretice.cz, by phone at +420 608 183 257, or by registered mail sent to the above-mentioned address.

Returned goods sent cash on delivery will not be accepted.

The purchase price will be refunded to the customer within 14 days from the receipt of the returned goods, by a method agreed in advance.

The costs associated with returning the goods shall be borne by the buyer.

The buyer may not withdraw from the purchase contract if the consumer has violated the original packaging of the goods.

Return of goods within 14 days pursuant to Section 53(7) of the Civil Code

If the purchase contract is concluded by means of distance communication (in an online store), the buyer (consumer) has the right, in accordance with Section 53(7) of the Civil Code, to withdraw from the contract within 14 days from receipt of the goods without stating any reason.

In such a case, the buyer (consumer) shall contact the seller and preferably provide written notice stating that they withdraw from the contract, including the order number, date of purchase, and bank account number for the refund.

The purchase price will be refunded to the customer within 14 days.

Order Cancellation

The buyer may withdraw (cancel) their order no later than two hours after placing the order by email at vinoboretice@vinoboretice.cz or by phone at +420 608 183 257. The subject of the email must include the word “CANCELLATION”.

Financial settlement in the event of order cancellation or return of goods is always handled individually upon prior agreement between the customer and the seller at vinoboretice@vinoboretice.cz or by phone at +420 608 183 257, contact person: Gabriela Koutníková. The seller is obliged to return the paid amount to the consumer no later than 14 days from the withdrawal.

Delivery Terms

The method of delivery is determined by the seller, unless otherwise specified in the purchase contract. If the method of transport is agreed based on the buyer’s request, the buyer bears the risk and any additional costs associated with this method of delivery.

If the seller is obliged under the purchase contract to deliver the goods to a place specified by the buyer in the order, the buyer is obliged to accept the goods upon delivery. If the buyer fails to accept the goods upon delivery, the seller is entitled to charge a fee corresponding to shipping and packaging costs and is also entitled to withdraw from the purchase contract.

If, for reasons on the buyer’s side, the goods must be delivered repeatedly or by a different method than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery or alternative delivery methods.

Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging and report any defects immediately to the carrier. If damage to the packaging indicating unauthorized tampering is found, the buyer is not obliged to accept the shipment from the carrier.

By signing the delivery note, the buyer confirms that the shipment met all conditions and requirements. Any later claims regarding damage to the packaging cannot be taken into account.

Further rights and obligations of the parties in the transport of goods may be governed by the seller’s delivery terms.

Liability for Defects, Warranty

The rights and obligations of the contracting parties regarding the seller’s liability for defects, including warranty liability, are governed by the relevant generally binding legal regulations (in particular the provisions of Section 612 et seq. of the Civil Code).

The seller is liable to the buyer for ensuring that the goods sold are in conformity with the purchase contract, in particular that they are free from defects. Conformity with the purchase contract means that the goods have the quality and functional properties required by the contract, described by the seller, manufacturer or their representative, or expected on the basis of their advertising, or the quality and functional properties usual for goods of that kind, that they comply with legal regulations, are delivered in the appropriate quantity, measure or weight, and correspond to the purpose stated by the seller or for which such goods are usually used.

If the goods are not in conformity with the purchase contract at the time of receipt by the buyer (hereinafter referred to as “non-conformity with the purchase contract”), the buyer has the right to have the seller remedy the situation free of charge and without undue delay, either by replacing the goods or repairing them, according to the buyer’s request. If such a procedure is not possible, the buyer may request a reasonable discount on the price or withdraw from the contract. This does not apply if the buyer knew about the non-conformity before accepting the goods or caused the non-conformity themselves.

A non-conformity that becomes apparent within six (6) months from the date of receipt shall be deemed to have existed at the time of receipt, unless this contradicts the nature of the goods or is proven otherwise.

Unless the goods are perishable or used, the seller is liable for defects that appear as non-conformity with the purchase contract after receipt of the goods during the warranty period (warranty).

The buyer shall exercise their rights arising from the seller’s liability for defects, including warranty liability, at the seller’s office address: Bořetice 511, 691 08 Bořetice.

Other Rights and Obligations of the Contracting Parties

The buyer acquires ownership of the goods upon full payment of the purchase price.

The buyer acknowledges that the software and other components forming the web interface of the store (including photographs of the offered goods) are protected by copyright. The buyer undertakes not to engage in any activity that could enable them or third parties to unlawfully interfere with or make unauthorized use of the software or other components forming the web interface of the store.

When using the web interface of the store, the buyer is not entitled to use any mechanisms, software, or procedures that could negatively affect the operation of the web interface. The web interface may only be used to an extent that does not infringe upon the rights of other customers of the seller and is in accordance with its intended purpose.

The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 53a(1) of the Civil Code.

The buyer acknowledges that the seller is not liable for errors arising as a result of interference by third parties with the website or as a result of the use of the website contrary to its intended purpose.

Personal Data Protection and Commercial Communications

The protection of the buyer’s personal data, if the buyer is a natural person, is governed by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.

The buyer agrees to the processing of the following personal data: first name and surname, residential address, identification number, tax identification number, email address, telephone number, and date of birth (hereinafter collectively referred to as “personal data”).

The buyer agrees to the processing of personal data by the seller for the purpose of fulfilling rights and obligations arising from the purchase contract and for the purpose of sending information and commercial communications by the seller.

The buyer acknowledges that they are obliged to provide their personal data correctly and truthfully (when registering, in their user account, and when placing an order through the web interface) and that they are obliged to inform the seller without undue delay of any changes to their personal data.

The seller may entrust the processing of personal data to a third party as a processor. Except for persons involved in the delivery of goods, personal data will not be transferred to third parties without the buyer’s prior consent.

Personal data will be processed for an indefinite period. Personal data will be processed electronically in an automated manner or in printed form in a non-automated manner.

The buyer confirms that the provided personal data are accurate and that they have been informed that the provision of personal data is voluntary. The buyer declares that they have been informed that they may withdraw their consent to the processing of personal data in relation to the seller by written notice delivered to the seller’s address.

If the buyer believes that the seller or the processor (Article 1.52) processes their personal data in a manner contrary to the protection of the buyer’s private and personal life or in violation of the law, especially if the personal data are inaccurate with regard to the purpose of their processing, the buyer may request an explanation from the seller or processor and request that the seller or processor remedy such a situation. This may include, in particular, blocking, correction, completion, or deletion of personal data.

If the buyer’s request is found to be justified, the seller or processor shall remedy the situation without undue delay. If the seller or processor does not comply with the request, the buyer has the right to contact the Data Protection Authority directly. This provision does not affect the buyer’s right to contact the Data Protection Authority directly with their complaint.

If the buyer requests information about the processing of their personal data, the seller is obliged to provide such information. The seller has the right to request reasonable compensation for providing such information, not exceeding the costs necessary to provide the information.

The buyer agrees to receive information related to the seller’s goods, services, or business at the buyer’s email address and further agrees to receive commercial communications from the seller at the buyer’s email address.

Delivery of Documents

Unless agreed otherwise, all correspondence related to the purchase contract must be delivered to the other contracting party in writing, either by electronic mail, in person, or by registered mail via a postal service provider (at the sender’s discretion). The buyer shall receive correspondence at the email address specified in their user account.

A message is deemed delivered:

• in the case of delivery by electronic mail, at the moment it is received by the incoming mail server; the integrity of messages sent by email may be secured by a certificate,
• in the case of personal delivery or delivery via a postal service provider, upon acceptance of the shipment by the addressee,
• also in the case of refusal to accept the shipment by the addressee (or a person authorized to accept it on their behalf),
• in the case of delivery via a postal service provider, upon the expiry of ten (10) days from the deposit of the shipment and notification to the addressee to collect it, even if the addressee was not aware of the deposit.

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Final Provisions

These terms and conditions are valid in the version effective on the date of submission of the electronic order. These terms and conditions come into force on the date of the launch of the online store www.vinoboretice.cz. The operator reserves the right to amend these terms and conditions without prior notice.

If a relationship related to the use of the website or a legal relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This does not affect the consumer’s rights arising from generally binding legal regulations.

The seller is authorized to sell goods based on a trade license, and the seller’s activity is not subject to any other authorization. Trade inspection is carried out by the competent trade licensing authority within its scope.

If any provision of these terms and conditions is invalid or ineffective, or becomes so, it shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions.

Any amendments or supplements to the purchase contract or these terms and conditions must be made in writing. The purchase contract, including these terms and conditions, is archived by the seller in electronic form and is not accessible.