Terms and Conditions

GENERAL TERMS AND CONDITIONS for e-shops

These general terms and conditions (“Terms”) govern the rights and obligations of you as the buyer and us as the seller within contractual relationships concluded via the E-shop on the website www.eurocave-eshop.cz.

All information about the processing of your personal data is contained in our Privacy Policy, which you can find here personal data protection policy.

As you surely know, we primarily communicate remotely. Therefore, our Contract is also concluded using means of distance communication, which allow us to agree without being physically present at the same place and time.

If any part of the Terms conflicts with what we have mutually agreed during your purchase process on our E-shop, that specific agreement will take precedence over these Terms.

1. SOME DEFINITIONS
   • Price is the monetary amount you will pay for the Goods;
   • Shipping Price is the monetary amount you will pay for delivery of the Goods, including the cost of packaging;
   • Total Price is the sum of the Price and the Shipping Price;
   • VAT is value added tax under applicable legislation;
   • E-shop is the online shop operated by Us at eurocave-eshop.cz, through which the purchase of Goods will take place;
   • Invoice is a tax document issued in accordance with the VAT Act for the Total Price;
   • We are Aktivní vinné sklepy s.r.o., with registered office at Břežánecká 832/5, Prague 5, Company ID 29022151, entered in the Commercial Register under file no. C 160589 kept by the Municipal Court in Prague, e-mail info@aktivni-vinne-sklepy.cz, phone number 607958231, referred to by law as the seller;
   • Order is your irrevocable offer to conclude a Contract for the purchase of Goods with Us;
   • Contract is the purchase contract concluded on the basis of a duly completed Order sent via the E-shop, and it is concluded at the moment you receive our Order confirmation;
   • User Account is an account created on the basis of data you provide, which allows storing entered data and the history of ordered Goods and concluded Contracts;
   • You are the person purchasing on our E-shop, referred to by law as the buyer;
   • Goods means everything you can purchase on the E-shop.
2. General provisions and notices
   • Goods can only be purchased via the web interface of the E-shop.
   • When purchasing Goods, you must provide Us with all information correctly and truthfully. We will therefore consider the information you provide when ordering the Goods to be correct and truthful.
3. CONCLUSION OF THE CONTRACT
   • The Contract with Us can only be concluded in the Czech language.
   • The Contract is concluded remotely via the E-shop, while you bear the costs of using distance communication. However, these costs do not differ from the basic rate you pay for using those means (especially internet access); you should therefore not expect any additional costs charged by Us beyond the Total Price. By submitting the Order, you agree that we use distance communication.
   • For us to conclude the Contract, you must create an Order draft on the E-shop. This draft must include the following data:
     1. Information about the Goods being purchased (on the E-shop you mark the Goods you wish to purchase using the “Add to cart” button);
     2. Information about the Price, the Shipping Price, the method of payment of the Total Price and the desired method of delivery of the Goods; this information will be entered as part of the Order draft within the E-shop user interface, and the information about the Price, Shipping Price and Total Price will be displayed automatically based on the Goods and delivery method you select;
     3. Your identification details for delivery of the Goods, in particular your first and last name, delivery address, telephone number and e-mail address;
     4. In the case of a Contract under which we will deliver the Goods to you regularly and repeatedly, also information on how long we will deliver the Goods to you.
   • During the creation of the Order draft, you can change and check the data until it is finalized. After checking, you create the Order by clicking the “Order with obligation to pay” button. Before clicking the button, you must confirm that you have read and agree to these Terms; otherwise it will not be possible to create the Order. A checkbox is used for the confirmation and consent. After clicking “Order with obligation to pay”, all entered information will be sent directly to Us.
   • We will confirm your Order as soon as possible after it has been delivered to Us by sending a message to your e-mail address provided in the Order. The confirmation will include a summary of the Order and these Terms. Upon our confirmation of the Order, the Contract between You and Us is concluded. The Terms in the version effective on the date of the Order form an integral part of the Contract.
   • There may be cases where we cannot confirm your Order. This applies especially when the Goods are not available or when you order a larger quantity of Goods than we allow. We will always provide information on the maximum quantity of Goods within the E-shop in advance, so it should not be surprising. If there is any reason why we cannot confirm the Order, we will contact you and send you an offer to conclude the Contract in a form that differs from the Order. In such a case, the Contract is concluded when you accept our offer.
   • If an obviously incorrect Price is stated in the E-shop or in the Order draft, we are not obliged to deliver the Goods at that Price, even if you have received an Order confirmation and the Contract has been concluded. In such a situation, we will contact you without delay and send you an offer to conclude a new Contract in a form different from the Order. The new Contract is concluded when you accept our offer. If you do not accept our offer within 3 days from its dispatch, we are entitled to withdraw from the concluded Contract. An obvious error in the Price is, for example, a situation where the Price does not correspond to the usual price at other sellers or a digit is missing or added.
   • When the Contract is concluded, you are obliged to pay the Total Price.
   • If you have a User Account, you can place an Order through it. Even in that case, you must check the accuracy, truthfulness and completeness of the pre-filled data. The process of creating the Order is the same as for a buyer without a User Account; the advantage is that you do not have to enter your identification details repeatedly.
   • In some cases, we allow the use of a discount for the purchase of Goods. To receive the discount, you must enter the discount details into the designated field as part of the Order draft. If you do so, the Goods will be provided at the discounted Price.
4. User account
   • Based on your registration within the E-shop, you can access your User Account.
   • When registering the User Account, you must enter all data correctly and truthfully and update it in case of any change.
   • Access to the User Account is secured by a username and password. You must keep these credentials confidential and not provide them to anyone. We bear no responsibility in case of their misuse.
   • The User Account is personal; you are not authorized to allow third parties to use it.
   • We may cancel your User Account, especially if you do not use it for more than 180 days or if you breach your obligations under the Contract.
   • The User Account may not be available continuously, particularly due to necessary hardware and software maintenance.
5. PRICING AND PAYMENT TERMS, RETENTION OF TITLE
   • The Price is always shown in the E-shop, in the Order draft and, of course, in the Contract. In case of a discrepancy between the Price shown for the Goods in the E-shop and the Price shown in the Order draft, the Price in the Order draft applies, which will always be identical to the price in the Contract. The Order draft will also state the Shipping Price and any conditions under which shipping is free.
   • The Total Price is stated inclusive of VAT and all fees set by law.
   • We will require payment of the Total Price after the Contract is concluded and before the Goods are handed over. You can pay the Total Price in the following ways:
     1. By bank transfer. We will send the payment details in the Order confirmation. In the case of bank transfer, the Total Price is due within 5 days.
     2. By card online. In this case, payment is made via the ShoptetPay payment gateway and is governed by the terms of that gateway, available at: https://www.shoptetpay.com/cs/. For online card payments, the Total Price is due within 2 days.
     3. Cash on delivery. In this case, payment is made upon delivery of the Goods against their handover. For cash on delivery, the Total Price is due upon receipt of the Goods.
     4. In cash upon personal pickup. You can pay in cash when collecting the Goods at our premises. For payment in cash upon personal pickup, the Total Price is due upon receipt of the Goods.
   • The Invoice will be issued in electronic form after payment of the Total Price and sent to your e-mail address. The Invoice will also be physically attached to the Goods and available in the User Account.
   • Title to the Goods passes to you only after you have paid the Total Price and taken delivery of the Goods. In the case of bank transfer, the Total Price is paid when the amount is credited to our account; in other cases, it is paid at the time of payment.
6. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE
   • The Goods will be delivered by the method of your choice; you can choose from the following options:
     16300. Personal pickup at our premises K Šancím 50, Prague 6, 16300.
     16301. Delivery via the carrier Transtherm;
   • Goods can be delivered only within the Czech Republic.
   • The delivery time of the Goods always depends on their availability and on the selected delivery and payment method. The estimated delivery time will be stated in the Order confirmation. The time stated on the E-shop is indicative only and may differ from the actual delivery time. In the case of personal pickup at our premises, we will always inform you by e-mail when the Goods are ready for collection.
   • Upon receipt of the Goods from the carrier, you must check the integrity of the packaging of the Goods and, in the event of any defects, immediately notify the carrier and Us. If there is a defect in the packaging indicating unauthorized handling and access to the shipment, you are not obliged to accept the Goods from the carrier.
   • If you breach your obligation to accept the Goods, except in the cases under Article 4 of the Terms, this does not result in a breach of our obligation to deliver the Goods to you. At the same time, your failure to accept the Goods does not constitute withdrawal from the Contract between Us and You. However, in such a case, we are entitled to withdraw from the Contract due to your material breach of the Contract. If we decide to exercise this right, the withdrawal is effective on the day we deliver the notice of withdrawal to you. Withdrawal from the Contract does not affect the right to payment of the Shipping Price or the right to compensation for damage, if any.
   • If, for reasons arising on your side, the Goods are delivered repeatedly or in a manner other than agreed in the Contract, you are obliged to reimburse Us for the costs associated with such repeated delivery. We will send the payment details for these costs to your e-mail address stated in the Contract; they are due 14 days from the delivery of the e-mail.
   • The risk of damage to the Goods passes to you at the moment you take them over. If you do not take over the Goods, except in cases under Article 4 of the Terms, the risk of damage to the Goods passes to you at the moment you had the opportunity to take them over, but for reasons on your side the takeover did not occur. The transfer of risk means that from that moment you bear all consequences associated with the loss, destruction, damage or any devaluation of the Goods.
   • If the Goods were not indicated as in stock in the E-shop and an indicative availability time was stated, we will always inform you in the event of:
     1. an extraordinary production outage of the Goods, in which case we will inform you of the new expected availability time or that delivery of the Goods will not be possible;
     2. a delay in the delivery of the Goods from our supplier, in which case we will inform you of the new expected delivery time.
   • If we are unable to deliver the Goods to you even within 30 days after the delivery time stated in the Order confirmation, for any reason, both We and You are entitled to withdraw from the Contract.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
   • We warrant that at the time the risk of damage to the Goods passes to you according to Article 7 of the Terms, the Goods are free from defects, in particular that:
     1. they have the characteristics agreed with you, and if not expressly agreed, then such as we stated in the description of the Goods, or such as can be expected with regard to the nature of the Goods;
     2. they are suitable for the purposes we stated or for the purposes for which Goods of this type are usually used;
     3. they correspond to the quality or design of an agreed sample, if the quality or design was determined according to a sample;
     4. they are in the corresponding quantity and weight;
     5. they meet the requirements imposed by legal regulations;
     6. they are not encumbered by third-party rights.
   • If the Goods have a defect, i.e., in particular if any of the conditions under Article 1 is not met, you may notify Us of such defect and exercise your rights from defective performance (i.e., make a claim) by sending an e-mail or letter to Our addresses stated in Our identification details. You may also use the sample form provided by Us, which forms Annex No. 1 to the Terms. When exercising the right from defective performance, you must choose how you want the defect to be resolved, and you cannot change this choice later, except in cases under Article 7.3, without Our consent. We will handle the claim in accordance with the right from defective performance you asserted. If you do not choose how to resolve the defect, you have the rights set out in Article 7.4 even in situations where the defective performance was a material breach of the Contract.
   • If the defective performance is a material breach of the Contract, you have the following rights:
     1. to have the defect removed by delivering new Goods without defects or by delivering the missing part of the Goods;
     2. to have the defect removed by repairing the Goods;
     3. to a reasonable discount on the Price;
     4. to withdraw from the Contract.

If you choose the solution under points (a) or (b) and We do not remove the defect within a reasonable period which we stated, or if we inform you that we will not remove the defect in that manner at all, you have the rights under points (c) and (d), even if you did not originally request them in the claim. Likewise, if you choose to remove the defect by repairing the Goods and We find that the defect is irreparable, we will inform you and you may choose another method of defect removal.

• If the defective performance is a non-material breach of the Contract, you have the following rights:
  1. to have the defect removed by delivering new Goods without defects or by delivering the missing part of the Goods;
  2. to have the defect removed by repairing the Goods;
  3. to a reasonable discount on the Price.

If we do not remove the defect in time or refuse to remove it, you have the right to withdraw from the Contract. You may also withdraw if you cannot use the Goods properly due to a repeated occurrence of defects after repair or in the case of a larger number of defects in the Goods.

• In the case of both material and non-material breaches, you cannot withdraw from the Contract or demand delivery of new Goods if you cannot return the Goods in the condition in which you received them. However, this does not apply in the following cases:
  1. the condition of the Goods changed as a result of an inspection to discover the defect;
  2. the Goods were used before the defect was discovered;
  3. the impossibility of returning the Goods in an unchanged condition was not caused by your actions or omissions,
  4. before the defect was discovered you sold, consumed or altered the Goods in the course of normal use; however, if this occurred only partially, you must return the part of the Goods that can be returned, and you will not be refunded the part of the Price corresponding to the benefit from using the part of the Goods.
• Within three days of receiving the claim, we will confirm by e-mail that we have received it, when we received it, and the estimated time to handle the claim. We will handle the claim without undue delay, but no later than 30 days from its receipt. The period may be extended by mutual agreement. If the period expires without result, you may withdraw from the Contract.
• We will inform you by e-mail about the handling of the claim. If the claim is justified, you are entitled to reimbursement of reasonably incurred costs. You must prove these costs, e.g., by receipts or confirmations of shipping prices. If the defect is removed by delivering new Goods, you must return the original Goods to Us; however, we will bear the costs of such return.
• The exercise of rights from defective performance and claims is governed by Sections 1810 et seq., 1820 et seq., and 2099 et seq. of the Civil Code and by the Consumer Protection Act.
• If you are an entrepreneur, you must notify and point out the defect without undue delay after you could have discovered it, but no later than three days after receiving the Goods.
• If you are a consumer, you have the right to exercise rights from defective performance for a defect that occurs in consumer Goods within 24 months of receipt of the Goods.
• The provisions regarding rights from defects do not apply in the case of:
  1. Goods sold at a lower Price for a defect for which the lower Price was agreed;
  2. wear and tear of the Goods caused by normal use;
  3. used Goods for a defect corresponding to the degree of use or wear that the Goods had when you took them over;
  4. where it follows from the nature of the Goods.

8. WITHDRAWAL FROM THE CONTRACT
   • Withdrawal from the Contract, i.e., termination of the contractual relationship between Us and You from the beginning, may occur for the reasons and in the ways set out in this article, or in other provisions of the Terms where the possibility of withdrawal is expressly stated.
   • If you are a consumer, i.e., a person purchasing Goods outside the scope of your business activity, you have, in accordance with Section 1829 of the Civil Code, the right to withdraw from the Contract without giving a reason within 14 days from the date of delivery of the Goods. If we have concluded a Contract for several types of Goods or the delivery of several parts of Goods, this period begins on the day of delivery of the last part of the Goods; if we have concluded a Contract under which we will deliver the Goods to you regularly and repeatedly, it begins on the day of delivery of the first delivery. You can withdraw from the Contract in any demonstrable manner (in particular by sending an e-mail or letter to Our addresses listed in Our identification details). You may also use the sample form provided by Us, which forms Annex No. 2 to the Terms. In the case of delivery of goods made to order, which is 99% of our assortment, it is not possible to withdraw from the contract, the goods must be accepted, and the amount paid will not be refunded.
   • Even as a consumer, you cannot withdraw from the Contract in cases where the subject of the Contract is:
     1. Goods whose Price depends on fluctuations in the financial market independent of Our will and which may occur during the withdrawal period;
     2. delivery of alcoholic beverages that can be delivered only after thirty days and whose Price depends on fluctuations in the financial market independent of Our will;
     3. Goods that have been customized according to your wishes or for your person;
     4. Goods that are perishable, and Goods that have been irreversibly mixed with others after delivery;
     5. Goods in sealed packaging which were removed from the packaging and cannot be returned for hygienic reasons;
     6. delivery of an audio or video recording or computer program if the original packaging was breached;
     7. delivery of newspapers, periodicals or magazines;
     8. delivery of digital content, if it was not delivered on a tangible medium and was supplied with your prior express consent before the expiry of the withdrawal period and We informed you that you do not have the right to withdraw from the Contract.
   • The period for withdrawal under Article 2 of the Terms is deemed to be observed if you send Us a notice within that period stating that you are withdrawing from the Contract.
   • In the event of withdrawal from the Contract, the Price will be refunded within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account you choose in the withdrawal notice. However, the amount will not be refunded before you return the Goods to Us or prove that they have been sent back to Us. Please return the Goods clean and, if possible, including the original packaging.
   • In the event of withdrawal from the Contract under Article 2 of the Terms, you must send the Goods back to Us within 14 days of withdrawal and you bear the costs associated with returning the Goods to Us. You are entitled to a refund of the Shipping Price, but only up to the amount corresponding to the cheapest offered method of delivery of the Goods that we offered. In the event of withdrawal due to Our breach of the concluded Contract, we will also reimburse the costs associated with returning the Goods to Us, again only up to the amount of the Shipping Price corresponding to the cheapest offered method of delivery we offered.
   • You are liable to Us for damage if the Goods are damaged as a result of your handling of them in a way other than necessary with regard to their nature and characteristics. We will charge the damage after the Goods have been returned to Us; the due date of the charged amount is 14 days. If we have not yet returned the Price to you, we are entitled to set off the claim for costs against your claim for the refund of the Price.
   • We are entitled to withdraw from the Contract at any time before delivering the Goods to you if there are objective reasons why it is not possible to deliver the Goods (especially reasons on the part of third parties or reasons inherent in the nature of the Goods), even before the period stated in Article 9 of the Terms expires. We may also withdraw from the Contract if it is apparent that you have intentionally provided incorrect information in the Order. If you purchase goods within your business activity, i.e., as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason.
9. Consumer dispute resolution
   • If you are a consumer, under the Consumer Protection Act you have the right to out-of-court settlement of a consumer dispute arising from the Contract. In such a case, you are entitled to contact the Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Prague 2, e-mail: adr@coi.cz, web: adr.coi.cz. Out-of-court settlement of a consumer dispute is initiated exclusively at your request and only if the dispute could not be resolved directly with Us. The application may be submitted no later than 1 year from the date you first exercised the right that is the subject of the dispute with Us.
   • You also have the right to initiate out-of-court dispute resolution online via the ODR platform available at ec.europa.eu/consumers/odr/.
10. Final provisions
    • If our legal relationship contains an international element (for example, we will ship goods outside the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, your rights under mandatory legal provisions are not affected by this agreement.
    • All written correspondence between you and us will be delivered by e-mail. Our e-mail address is provided in Our identification details. We will deliver correspondence to your e-mail address stated in the Contract, in the User Account, or through which you contacted us.
    • The Contract can only be amended on the basis of our written agreement. However, we are entitled to change and supplement these Terms; such change will not affect Contracts already concluded, only Contracts concluded after the change takes effect. We will inform you of the change only if you have a User Account (so that you have this information in case you order new Goods; the change does not create a right of termination, as we do not have a Contract that could be terminated), or if, based on a Contract, we are to supply Goods to you regularly and repeatedly. We will send you information about the change to your e-mail address at least 14 days before the effective date of the change. If we do not receive a termination of the concluded Contract for regular and repeated deliveries of Goods from you within 14 days of sending the information about the change, the new terms become part of our Contract and apply to the next delivery of Goods following the effective date of the change. The notice period, if you give notice, is 2 months.
    • In cases of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, outages of subcontractors, etc.), we are not liable for damage caused as a result of or in connection with force majeure, and if the force majeure lasts longer than 10 days, both We and You have the right to withdraw from the Contract.
    • Annexes to the Terms include a sample complaint form and a sample withdrawal form.
    • The Contract, including the Terms, is archived electronically by Us, but is not accessible to you. However, you will always receive these Terms and the Order confirmation with a summary of the Order by e-mail, and you will therefore always have access to the Contract even without Our cooperation. We recommend that you always save the Order confirmation and the Terms.
    • No codes of conduct under Section 1826(1)(g) of the Civil Code apply to our activities.
    • These Terms take effect on 1.2022.

 

Annex No. 1 – Complaint form

Addressee:  

Filing a complaint

Date of Contract conclusion:
Full name:
Address:
E-mail address:
Goods being claimed:
Description of defects of the Goods:
Proposed method of handling the complaint, or bank account number for providing a discount:

I also request confirmation of the complaint being filed, stating when I exercised this right, what the complaint contains together with my claim, including the date and method of handling the complaint.

 

Date:

Signature:

Annex No. 2 – Contract withdrawal form

Addressee:

I hereby declare that I am withdrawing from the Contract:

Date of Contract conclusion:
Full name:
Address:
E-mail address:
Description of the Goods covered by the Contract:
Reason for withdrawal:
Method for returning the received funds, or bank account number:

 

 

Date:

Signature: