Terms and Conditions

Terms and Conditions

Business conditions of Vino Vlak s.r. Oh, with its registered office in Na pískách 1274/74, Dejvice, 160 00 Prague, ID NO: 09874658, registered in the commercial register of the municipal court in Prague section C, insert 343908 (hereinafter referred to as "Wine Table") for the sale of wines and spirits through an online store located on the internet address www.winetable.cz .

1. Introductory provisions

1.1. These terms and conditions (hereinafter referred to as" Terms and Conditions ") Wine Table (hereinafter referred to as" Seller ") In accordance with the provisions of paragraph 1751 (1). 1 of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as" Civil Code ") The mutual rights and obligations of the parties arising in connection with or under the contract of sale (hereinafter referred to as" Purchase Agreement ") Concluded between the seller and the buyer, who may act as a consumer or entrepreneur (hereinafter referred to as" Buyer ") Through the seller's online store. The online store is operated by the seller on a website located at the Internet address www.winetable.cz (Hereinafter referred to as" Website "), Via the website interface (hereinafter referred to as" Store web interface “).

1.2. The seller hereby declares and informs that the visit to the e-shop, the arrangement and the sale of alcoholic beverages (hereinafter referred to as" Goods ") Natural persons under the age of 18 are prohibited.

1.3. A consumer is any person who, outside of his or her business activities or outside the framework of the independent exercise of his or her profession, contracts or otherwise treats with an entrepreneur.

1.4. The rights and obligations between the seller and the buyer as a consumer are governed in particular by the provisions of section 1810 et seq. And § 2079 et seq. Civil Code and act. C. 634/1992 ECR, on consumer protection, as amended (hereinafter referred to as" Consumer Protection Act" ), As well as other related legislation and these terms and conditions.

1.5. An entrepreneur is the person who independently carries out a profitable activity on his own account and is liable in a trade or similar manner with the intention to do so consistently in order to achieve a profit. It shall also be regarded as an entrepreneur by any person who enters into contracts relating to his or her own commercial, production or similar activities or in the course of his or her profession, or by a person acting on behalf of or on behalf of the entrepreneur. An entrepreneur is a person registered in a commercial register who has a trade or other right to do business under another law.

1.6. If the buyer lists his or her ID in the order, he or she expressly agrees that the rules of these business terms apply to him or her.

1.7. The rights and obligations between the seller and the buyer as an entrepreneur not expressly set out in these terms and conditions are governed, in particular, by the provisions of paragraphs 2079 et seq. Civil Code.

1.8. Provisions derogating from the terms and conditions may be negotiated in a purchase agreement. The derogating arrangements in the contract of sale shall take precedence over the provisions of the terms and conditions.

1.9. The terms and conditions are an integral part of the purchase agreement. The contract of sale and the terms and conditions are drawn up in the Czech language. The purchase agreement can only be concluded in the Czech language.

1.10. The wording of the terms and conditions may be amended by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

2. UŽIVATELSKÝ ÚČET

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 may order goods (hereinafter referred to as" User account “). In the event that the shop Web interface allows this, the buyer can order the goods also without registration directly from the store's Web interface.

2.2. When registering on the website and ordering the goods, the buyer is obliged to correctly and truthfully state all the data. The buyer is obliged to update the data provided in the user account upon any change thereof. The data provided by the buyer in the user account and when ordering the goods are considered correct by the seller.

2.3. User account access is secured by user name and password. The buyer is obliged to maintain the confidentiality of the information necessary to access his user account.

2.4. The buyer is not entitled to allow third parties to use the user account.

2.5. The seller may cancel the user account, especially if the buyer has not used his user account for more than 2 years, or if when the buyer violates his/her obligations under the contract of sale (including the terms of sale).

2.6. The buyer notes that the user account may not be available continuously, in particular with regard to the necessary maintenance of the seller's hardware and software equipment. necessary maintenance of third party hardware and software.

3. Conclusion of a purchase agreement

3.1. Any presentation of the goods placed in the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase agreement with regard to the goods. Article 1732 (1) 2 Civil Code shall not apply.

3.2. The website of the trade contains information about the goods, including the indication of the prices of the individual goods and the cost of the return of the goods, if, by its very nature, the goods cannot be returned by normal postal means. The prices of the goods are indicated including value added tax and all related fees. The prices of the goods remain valid for the time they are displayed in the store's Web interface. The prices of the individual items are governed by the current price list of the seller, who reserves the right to make their current changes. This provision does not restrict the seller's ability to conclude a contract of sale under individually agreed conditions.

3.3. The shop Web interface 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 the goods indicated in the website of the trade only applies where the goods are delivered within the territory of the Czech Republic.

3.4. To order goods, the buyer fills the order form in the shop's Web interface. The order form contains in particular information on:

3.4.1. Ordered goods (ordered goods are "placed" by the buyer in the electronic shopping basket of the shop's Web interface),

3.4.2. The method of payment of the purchase price of the goods, the data on the required way of delivery of the ordered goods and

3.4.3. Information on the costs associated with the supply of goods (hereinafter collectively referred to as" Order “).

3.5. Before sending the order to the seller, the buyer shall be allowed to check and modify the data entered in the order by the buyer, including in the light of the possibility of the buyer to detect and correct the errors encountered when entering the data in the order. The order will be sent by the buyer to the seller by clicking on the button" Confirm order “. The details given in the order are considered correct by the seller. The seller shall immediately, no later than the following working day after receipt of the order, confirm this receipt to the buyer by e-mail, to the buyer's e-mail address indicated in the user's account or order (hereinafter referred to as" Buyer's electronic address “). If the data contained in the order are not complete, the seller cannot comply with the order.

3.6. The seller is always entitled, depending on the nature of the order (quantity of goods, the amount of the purchase price, the expected cost of transport), to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).

3.7. The contractual relationship between the seller and the buyer arises from the delivery of an order (acceptance) which is sent to the seller by electronic mail to the buyer, to the electronic address of the buyer.

3.8. The buyer agrees to use distance means of communication when concluding a purchase agreement. The cost incurred by the buyer in the use of distance communication means in connection with the conclusion of the purchase agreement (Internet connection costs, telephone call costs) shall be borne by the buyer himself, and these costs shall not be different from the basic rate.

4. Price of goods and payment terms

4.1. The price of the goods and, if any, the costs associated with the supply of the goods under the contract of purchase may be paid by the buyer to the seller in the following ways:

• In hot water
• Bank Transfer
• Online payment card

4.2. Together with the purchase price, the buyer is obliged to pay the seller also the costs related to the packaging and delivery of the goods at the agreed amount. In addition, unless expressly stated otherwise, the purchase price shall be understood as well as the cost of the supply of goods.

4.3. The seller does not require an advance payment or other similar payment from the buyer. This is without prejudice to the provisions of the article. 4.6. Terms and conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4. In case of cash payment, the purchase price shall be due upon taking over the goods. In the case of a non-cash payment, the purchase price shall be due within [4] days of the conclusion of the purchase agreement. When choosing the option of payment by bank transfer, the seller sends the invoiced amount to the buyer with the seller's account number after processing the order. The goods will be delivered to the buyer within [3-5] working days after the invoiced amount has been added to the seller's account. The seller reserves the right to extend the delivery time in special cases arising from force majeure or in cases where, for objective reasons, it was not possible to deliver the delivery in the expected time. The seller reserves the right to refuse the order of non-standard or speculative composition and size. In the event of a stock sale, the seller reserves the right to cancel the entire or part of the order.

4.5. In the case of a non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of payment. In the case of a non-cash payment, the buyer's obligation to pay the purchase price shall be fulfilled by the time the relevant amount is added to the seller's account.

4.6. The seller is entitled to request payment of the entire purchase price before sending the goods to the buyer. § 2119 (2) 1 Civil Code shall not apply.

4.7. Any discount on the price of the goods provided to the seller buyer cannot be combined with each other. The offer shall be valid at the time specified for each product and until the stock is sold. The action offers presented on the seller's website are intended exclusively for end customers.

4.8. The seller will issue the tax document-invoice to the buyer after payment of the price of the goods and send it in electronic form to the buyer's electronic address. The seller is the payer of value added tax.

4.9. According to the sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the revenue received with the tax controller online; In the event of a technical outage, not later than 48 hours.

5. Withdrawal from the purchase agreement

5.1. The buyer in the status of consumer is in accordance with the provisions of paragraph 1829 (1). 1 of the civil code the right to withdraw from the contract of sale within 14 days of taking over the goods, where the subject of the contract of sale is several types of goods or the delivery of several parts; this period shall run from the date of receipt of the last delivery of the goods. Withdrawal from the purchase contract shall be sent to the seller within the time limit specified in the previous sentence. In order to withdraw from the purchase agreement, it shall use the model form provided to the seller, which shall form an annex to the terms and conditions. Withdrawal from the purchase contract will be sent by the buyer to the address of the seller info@winetable.cz the buyer in the position of entrepreneur has no right to withdraw from the contract.

2. In the event of a withdrawal from the contract of sale pursuant to Article 1. 5.1. Terms and conditions the contract of sale shall be canceled from the outset. The goods must be returned to the buyer seller within 14 days of the delivery of the withdrawal from the purchase contract to the seller. If the buyer withdraws from the purchase contract, the buyer shall bear the costs associated with the return of the goods to the seller, even if the goods cannot be returned for their nature by normal postal means.

5.3. In the event of a withdrawal from the contract of sale pursuant to Article 1. 5.1. Terms and conditions the seller shall return the funds received from the buyer within 30 days of the withdrawal from the purchase contract to the buyer, in the same way as the seller accepted from the buyer. The goods that the buyer will dispatch following the withdrawal from the purchase contract will not bear signs of use, will not be damaged, incomplete and will be returned with a copy of the purchase document (the seller recommends the goods to be insured against damage). If the value of the goods has been reduced (the goods are not complete or have been damaged), the buyer is obliged to replace the proven missing value in the money. The right to withdraw from the purchase contract cannot be exercised if the returned bottle is not originally closed with an undamaged stamp. The buyer has no right to withdraw from the contract under section 1829 of the civil code if the goods have been adjusted according to his wishes or for his person.

5.4. The seller is also entitled to reimburse the transactions provided to the buyer when the goods are returned by the buyer or by other means, provided that the buyer agrees and does not incur any additional costs to the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that they have sent the goods to the seller.

5.5. Where the returned goods are damaged as a result of a breach of the buyer's obligation, the seller shall be entitled to claim a refund of the impairment of the goods. Entitlement to the payment of damage incurred on the goods the seller is entitled unilaterally to start against the buyer's entitlement to reimbursement of the purchase price.

5.6. In cases where the purchaser is in accordance with the provisions of paragraph 1829 (1). 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 purchase of the goods by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay to the buyer's account without cash.

5.8. The buyer is not entitled to withdraw from the purchase contract in the cases provided for in section 1837 of the civil code.

5.9. If a gift is provided to the buyer together with the goods, the donation agreement between the seller and the buyer is concluded with the condition that the purchase contract is withdrawn from the buyer; the gift contract for such an effective gift is terminated and the buyer is obliged to return the gift to the seller together with the goods.

5.10. The seller is entitled to withdraw from the purchase agreement concluded with the buyer in the event of a manifest error in the price of the goods (i. E. Prices clearly other than the usual price for this type/type of goods), unless the goods in question are clearly stated, that it is an "exceptional discount" or "action" or other designation of similar meaning. In the event of such a situation, the seller will immediately contact the buyer for the purpose of an agreement on the next procedure. If the buyer has already paid part or all of the purchase price, this amount will be transferred back to his account in the shortest possible time.

5.11. The seller is entitled to withdraw from the purchase contract concluded with the buyer in the event that the transfer of the goods shows that the buyer has not completed 18 years (or. It shall not demonstrate the completion of the age in the manner mentioned above, e.g. CIVIL card), which infringes the conditions laid down in these terms and conditions and the contract of sale.

6. Transport and delivery of goods

6.1. Based on the choice of buyer, the seller will deliver the goods to the place and in the way that the buyer determines in the order. The buyer is obliged to take over the goods thus supplied, otherwise the goods will be stored at its expense and redispatched after an agreement on its costs. The seller shall deliver the ordered goods according to size and weight by means of contractual transport services.

6.2. The place of delivery is determined on the basis of the Order of the buyer. The delivery of the goods to that address (depending on the method of delivery) shall be deemed to be the fulfilment of the supply of the goods.

6.3. If, for reasons on the part of the buyer, the goods must be delivered repeatedly or in a manner other than that specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively. costs associated with another method of delivery.

6.4. When the goods are taken over from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without delay. In the case of finding a violation of the packaging indicating unauthorized entry into the consignment, the buyer does not have to take over the consignment from the carrier.

6.5. Other rights and obligations of the parties to the transport of goods may govern the specific delivery conditions of the seller if they are issued to the seller.

6.6. In the event that the goods of the transport company are returned to Vino Vlak s.r. Oh, therefore, for any reason not delivered (not taken over by the customer, not printed by the customer, etc.), this order is considered to be canceled. If the customer is still interested in the goods, he is obliged to notify the seller and make a "new" order.

7. Rights of defective performance (claims of goods)

7.2. The seller corresponds to the buyer that the goods are not defective when they are taken over. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:

7.2.1. It has the characteristics of the goods negotiated by the parties, and if there is no arrangement, it has the characteristics described by the seller or manufacturer or expected by the buyer; having regard to the nature of the goods and on the basis of the advertising carried out by them,

7.2.2. The goods are suitable for the purpose indicated by the seller for its use or for which the goods of this type are normally used;

7.2.3. The goods shall correspond to the quality or performance of the contractual sample or presentation, if the quality or performance has been determined according to the contractual sample or draft;

7.2.4. Is the product in the corresponding quantity, measure or weight and

7.2.5. The goods comply with the requirements of the legislation.

7.3. Prior to the first use of the goods, the buyer is obliged to read thoroughly the instructions for the use of the goods and, if any, the terms of the guarantee, and subsequently to follow that information. The period for exercising the rights of the seller's liability for defects begins with the takeover of the goods by the buyer. In accordance with section 2104 of the civil code, the buyer is obliged to inspect the goods as soon as possible after their takeover and to ascertain its characteristics and quantities.

7.4. If the defect occurs within six months of the takeover and the buyer is in the status of the consumer, it is considered that the goods were already defective when taken over. The buyer in the status of a consumer is entitled to exercise the right of defect which occurs in the case of consumer goods within 24 months of taking over.

7.5. The right of defective performance shall be exercised by the buyer with the seller at the address Vino Vlak s.r.o., On the sand 1274/74, Dejvice, 160 00. The buyer is obliged to notify the seller of the defect of the goods without undue delay after it occurs.

7.6. The seller is not obliged to comply with the buyer's claim if it turns out that the buyer knew of the defect of the goods before taking over it or caused the defect himself.

7.7. The seller shall be liable to the buyer as an entrepreneur only for those defects of the goods which have already occurred in the case of such goods at the time of its takeover by the purchaser as an entrepreneur. It is not responsible for any other defects of the goods selling to the buyer as an entrepreneur. The buyer as an entrepreneur shall be entitled to exercise the right of defect only within 6 months of taking over the goods; However, if the date of its consumption is indicated on the packaging of the goods; this time limit shall be reduced to the date indicated on the packaging of the goods. If damage is detected in the case of the buyer as an entrepreneur, a record of the damage of the goods shall be drawn up and the seller shall be obliged to provide a reasonable discount or to deliver new goods. Subsequent complaints of mechanical damage to goods can no longer be recognized.

7.8. After delivery, the seller shall not be liable for damage caused by inappropriate storage or handling of goods by the buyer. The seller's liability for defects does not apply to the normal wear of the goods (or parts thereof) caused by use.

7.9. In the exercise of the rights of liability for defective performance, the purchaser in the status of consumer shall have the following rights:

7.9.1 Right to Repair goods free of charge, where such correction is possible;

7.9.2. The right to supply new goods or to exchange parts thereof, which may be exercised where the supply of new goods or parts thereof is an appropriate solution to a complaint in view of the nature of the defect. Proportionality for these purposes is assessed, for example, by the fact that the defect cannot be corrected or such a correction appears to be a financial or time-uneconomic solution. The consumer also has the right to supply new goods or to exchange parts of goods if the defect is to be removed, but the goods cannot be caused by a recurrence of defects (after repair-i. E. If the same defect with the same manifestations occurs a total of 3 times and such defect has been corrected at least twice) or for a larger number of defects to be properly used;

7.9.3 the right to withdraw from the purchase contract may be exercised where it is not possible to repair the goods and the supply of new goods or the exchange of parts thereof is not possible (if the conditions of this right are met). Furthermore, this right may be exercised if the goods have a greater number of defects or cannot be properly used for the recurrence of defects after repair.

7.10. The complaint will be processed without undue delay, no later than 30 calendar days from the date of application of the complaint, unless the seller agrees otherwise in writing with the buyer. After the expiry of that period, the buyer has the same rights as if it were a substantial breach of the contract of sale. The seller shall issue to the consumer buyer a written confirmation of when the consumer buyer has filed a complaint, what is its content and how it is required to be processed. In addition, the seller shall issue to the buyer as a consumer a confirmation of the date and manner in which the complaint is processed, including a confirmation of the repair and its duration. In the event of a rejected complaint, the seller shall give a written statement of reasons to the consumer buyer.

7.11. The buyer in the status of a consumer shall have the right to reimburse the necessary costs incurred by him in connection with the exercise of the rights of liability for defects. In the event of a withdrawal from the contract due to defective goods, the buyer also has the right to reimburse the costs necessarily incurred for such withdrawal.

7.12. The purchaser as an entrepreneur is not entitled to reimbursement of the costs effectively incurred in the exercise of the rights of defective performance.

7.13. In the case of a buyer in the status of a consumer, the claims of goods are governed by the relevant provisions of the Civil Code and the Consumer Protection Act, in the case of a buyer in the status of an entrepreneur by the relevant provisions of the civil code.

8. Other rights and obligations of the parties

8.1. The buyer acquires ownership of the goods by paying the entire purchase price of the goods.

8.3. Consumer complaints are handled by the seller through an electronic address www.winetable.cz . The seller shall send information on the handling of the buyer's complaint to the buyer's electronic address.

8.4. The Czech trade inspectorate, established in Štěpánská 567/15, 120 00 Praha 2, id no: 000 20 869, Internet address: https://adr.coi.cz/cs. Online dispute resolution platform located at the Internet address http://ec.europa.eu/consumers/odr It can be used to resolve disputes between the seller and the buyer from the purchase agreement.

8.5. European Consumer Centre Czech Republic, with registered office Štěpánská 567/15, 120 00 Praha 2, Internet address: http://www.evropskyspotrebitel.cz It is a contact point under Regulation (EU) No. 524/2013 of May 21, 2013 on online consumer dispute resolution and amending Regulation (EC) no. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).

8.6. The seller is entitled to sell the goods on the basis of a trade licence. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection carries out, to a defined extent, among other things, the supervision of compliance with Act No. 634/1992 Coll., on consumer protection, as amended.

8.7. The buyer thus assumes the risk of a change in circumstances within the meaning of paragraph 1765 (2) of the treaty. 2 of the Civil Code.

9. Personal data protection

9.1. Its obligation to provide information to the buyer within the meaning of Article 2 (2) of Regulation (EC) 13 regulation of the European Parliament and of the Council 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (general regulation on the protection of personal data) (Hereinafter referred to as" GDPR regulations ") Related to the processing of the buyer's personal data for the purposes of the performance of the purchase contract, for the purposes of negotiating this contract and for the purpose of fulfilling the seller's public obligations through a special document published on the website.

10. Sending business communications and storing COOKIES

10.1. The buyer agrees to send information related to the goods, services or business of the seller to the electronic address of the buyer and further agrees to send commercial communications to the seller to the electronic address of the buyer. Its obligation to provide information to the buyer within the meaning of Article 2 (2) of Regulation (EC) 13 GDPR regulations relating to the processing of personal data of the buyer for the purpose of sending commercial communications shall be performed by the seller through a special document.

10.2. The buyer agrees to deposit the so-called Cookies on his computer. In the event that the purchase on the website can be made and the seller's obligations under the purchase contract can be fulfilled without the so-called Cookies on the buyer's computer, the buyer may revoke the consent according to the previous sentence at any time.

11. Delivery

11.1. The buyer may be delivered to the buyer's electronic address.

11.2. A notification whose receipt was refused by the addressee, which was not collected during the storage period, or which was returned as undeliverable shall also be considered to be received.

11.3. The contracting parties may deliver regular correspondence to each other via e-mail to the e-mail address indicated in the buyer's user account or specified by the buyer in the order, respectively. To the address indicated on the seller's website.

12. Final Provisions

12.1. If the relationship based on the contract of sale contains an International (foreign) element, then the parties agree that the relationship is governed by Czech law. By choosing the law according to the previous sentence, the buyer who is a consumer is not deprived of the protection provided by the provisions of the legal order, from which it is not possible to deviate contractually, and which, in the absence of the choice of law, would otherwise be applied according to the provisions of Art. 6 par. 1 Regulation of the European Parliament and the Council (EC) no. 593/2008 of June 17, 2008 on the law governing contractual obligations (Rome I).

12.2. If a provision of commercial conditions is invalid or ineffective, or becomes ineffective, a provision whose meaning is as close as possible to an invalid provision shall take place instead of invalid provisions. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.

12.3. The contract of sale, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

12.4. An annex to the terms and conditions shall consist of a model form for withdrawal from the contract of sale.

12.5. Contact details of the seller: Vino Vlak s.r.o., Na pískách 1274/74, Dejvice, 160 00, www.winetable.cz , Phone: 605 396 766.

Last update: 8. 11. 2022.