Terms and conditions of sale

I. Basic Provisions

1. These terms and conditions govern the mutual rights and obligations of the parties arising between the Seller and the Buyer by concluding a purchase contract through the online store operated by the Seller at the web address www.bvshop.cz (hereinafter referred to as the "online store").
2. The Seller is BV vinařství a.s., with registered office at Vítězná 718, 696 02 Ratíškovice, ID No.: 03255719, registered in the Commercial Register maintained by the Regional Court in Brno under file number B 7112 (hereinafter referred to as the "Seller").
3. The Buyer is a natural or legal person concluding a purchase contract with the Seller through the online shop referred to in Article I, paragraph 1 of these Terms and Conditions (hereinafter referred to as the "Buyer").
4. The provisions of these terms and conditions constitute the content of the purchase contract concluded in the manner referred to in Article I. paragraph 1. of these terms and conditions. If the Purchase Contract contains a provision deviating from these Terms and Conditions, the deviating provision in the Purchase Contract shall prevail.
5. The provisions of these Terms and Conditions are without prejudice to the mandatory provisions of the law governing the minimum standard of consumer protection.
6. These terms and conditions also contain information for consumers, in particular within the meaning of Sections 1811 and 1820 of the Civil Code. By submitting an order, the Buyer confirms that he/she has read, understands and agrees to these Terms and Conditions. In the event that any provision of these terms and conditions is not clear to the consumer, he is entitled to contact the seller before sending the order, who will explain the meaning and purpose of the provision to him.

 

II. Hours of operation

1. The operating hours of the online shop are 24 hours a day, 7 days a week.
2. The Buyer acknowledges that the Online Shop may not be available around the clock, in particular with regard to necessary maintenance of the Seller's hardware and software equipment or necessary maintenance of third party hardware and software equipment. The Seller shall not be liable to the Buyers for any damage caused by the unavailability of the online shop.

 

III. Registration and user account

1. In order to facilitate the conclusion of purchase contracts, the Seller allows Buyers to register in the online shop and to set up a user account (hereinafter referred to as the "User Account"). Upon registration, the registered Buyer gains access to his/her user interface from which he/she can place individual orders in the online shop.
2. When registering in the online shop and when ordering goods and services, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the information provided in the User Account whenever it changes. The information provided in the user account and when ordering goods is considered correct by the Seller.
3. Access to the user account is secured by a user name and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his user account.
4. The Buyer is not entitled to allow third parties to use the user account.
5. The Seller shall be entitled to cancel the Buyer's user account, in particular in cases where the Buyer has not used his/her user account for more than 12 months or in the event that the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).
6. The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software equipment or necessary maintenance of third party hardware and software equipment.
7. The Seller allows the Buyer to order goods and services without registration directly from the web interface of the online shop.

 

IV. Conclusion of the Purchase Agreement

1. The Buyer sends the Seller an order via the order form on the online shop; this form contains, in particular, information about the goods ordered, the unit price of the goods and the purchase price of the goods for the entire order, the method of payment of the purchase price, the method of delivery of the ordered goods and information about the costs associated with the delivery of the goods.
2. The buyer orders the goods by "placing" them in the electronic shopping cart and then filling in the web interface of the online store with all the required data, such as address, payment and shipping method. Before sending the order, the buyer has the opportunity to check all the data he has entered in the order and, if necessary, change or correct them. The Buyer is obliged to provide the Seller with all information necessary for the Seller to process the order. These data include, but are not limited to, the Buyer's identification, delivery address, method of delivery, billing information, etc.).
3. The Seller is always entitled, regardless of the nature of the goods requested and their quantity, to request additional order confirmation from the Buyer (in writing or by telephone).
4. An order sent by the Buyer via the online shop to the Seller is a proposal for the conclusion of a purchase contract within the meaning of Section 1731 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code").
5. The application of Section 1732(2) of the Civil Code is excluded; the representation of the product range in the online shop is not a binding offer within the meaning of Section 1731 et seq. of the Civil Code. The purchase contract is only concluded in the manner specified in Article IV, paragraph 7 of these terms and conditions. All presentation of goods placed on the web interface of the online store is informative and the seller is not obliged to conclude a purchase contract regarding these goods. The availability of the goods is subject to the Seller's current stock needs.
6. Upon receipt of the order, the Seller shall confirm the delivery of the order to the Buyer by e-mail to the address specified in the order or in the Buyer's user account. The Seller advises the Buyer that this confirmation only confirms that the Seller has received the order, but this confirmation does not constitute a contract of sale.
7. The purchase contract is concluded at the moment of acceptance of the offer by the Seller within the meaning of Section 1745 of the Civil Code. This acceptance is the delivery of the acceptance of the order, which is sent to the buyer by e-mail to the address specified in the order or in the buyer's user account. The Seller may also accept the order by other express means which make it clear and unquestionable that he accepts the Buyer's offer.
8. No contractual obligations shall arise between the Buyer and the Seller until the conclusion of the Purchase Agreement in the manner specified in Article IV, paragraph 7 of these Terms and Conditions.
9. The Buyer agrees to the use of remote means of communication for the conclusion of the Purchase Contract. The cost of using remote means of communication (telephone, internet, etc.) for the execution of the order is at the normal rate, depending on the tariff of the telecommunication services used by the Buyer.
10. The buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
11. The concluded contract, including the terms and conditions, is archived by the Seller in electronic form and is not accessible.
12. The contract can be concluded in the Czech language.

 

V. Transfer of title and transfer of risk of damage to the goods

1. The buyer acquires ownership of the goods only upon full payment of the purchase price.
2. The risk of damage to the goods passes to the Buyer upon the Buyer's acceptance of the goods; if the Buyer is in default in accepting the goods, the risk of damage to the goods passes to the Buyer at the beginning of such default.
3. If the goods are dispatched and the buyer is not a consumer, the effects of the buyer's acceptance of the goods are already triggered by their handover to the carrier if the seller clearly and sufficiently identifies the goods as a consignment for the buyer.

 

VI. Purchase price and payment terms

1. The purchase price is indicated in the list of products or in the details of each product in the online shop. All prices are inclusive of VAT as well as exclusive of VAT. The web interface also contains information on packaging and delivery costs and return costs if the goods cannot be returned by normal postal means.
2. Unless the circumstances indicate otherwise, the prices of the goods are shown on the web interface per item and remain valid for as long as they are displayed on the web interface of the shop.
3. The agreed purchase price between the seller and the buyer is always the purchase price indicated for the product at the time the buyer submits the order via the webshop.
4. Together with the purchase price of the goods, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the packaging and delivery of the goods.
5. The Buyer shall pay the purchase price by one of the selected methods specified by the Seller and indicated in the online shop. The Buyer chooses one of the methods of payment of the purchase price set by the Seller during the execution of his order in the interface of the online store.
6. The purchase price may be paid to the Seller by any of the following methods depending on the current options offered to the Buyer in the online shop and the Buyer's choice:
       ◦ in cash at the Seller's premises, where the Buyer personally collects the goods;
       ◦ cash on delivery at the place specified in the Buyer's order;
       ◦ cashless payment by credit card at the Seller's premises where the Buyer collects the goods in person;
       ◦ cashless payment by credit card on delivery at the place specified in the Buyer's order;
       ◦ by cashless payment card online when purchasing in the online shop;
       ◦ cashless bank transfer.
7. If the buyer has not chosen to pay by bank transfer or by credit card online when purchasing in the online shop, the purchase price is payable upon receipt of the goods; in such cases, the seller is not obliged to hand over the goods to the buyer unless the purchase price is paid at the same time.
8. VIn the case of payment by bank transfer or credit card online when purchasing in the online shop, the buyer is obliged to pay the purchase price of the goods in advance, within 3 days from the date of confirmation of the order by the seller. In the case of wire transfer, the buyer shall specify the variable symbol of the payment, which is the order number. The Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account. In this case, the Seller is not obliged to send the goods to the Buyer before the Buyer has paid the purchase price. Default in payment of the purchase price under this provision is a material breach of contract within the meaning of Section 2002(1) of the Civil Code.
9. The promotional prices of the goods are valid only until stocks are exhausted or for a certain period of time. Any discounts on the price of the goods granted by the Seller to the Buyer may not be combined with each other, unless the nature of the discounts clearly indicates otherwise.

 

VII. Delivery of the goods

1. The shipping methods and delivery times of the goods are indicated on the web interface of the online shop; the Buyer shall choose one of these shipping methods when placing the order. In the event that the method of transport is agreed upon at the specific request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.
2. Goods that are in stock are usually shipped to the customer or ready for personal collection within 7 working days after confirmation (acceptance) of the order by the seller.
3. The delivery time for goods that are not in stock is determined by agreement with the seller.
4. If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery, unless otherwise specified in these Terms and Conditions. If the Buyer chooses to collect the goods in person, the Buyer is obliged to collect the goods at the Seller's premises within 24 hours of receiving the Seller's message that the goods are ready for personal collection.
5. If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery, unless otherwise specified in these Terms and Conditions. If the Buyer chooses to collect the goods in person, the Buyer is obliged to collect the goods at the Seller's premises within 24 hours of receiving the Seller's message that the goods are ready for personal collection.
6. Goods are delivered only to the "foot of the house"; they are not delivered to the upper floors of the house unless otherwise agreed.
7. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. In the event of a breach of packaging indicating unauthorized intrusion into the shipment, the buyer may not accept the shipment from the carrier. If the Buyer accepts the damaged shipment, he is obliged to describe the damage in the carrier's handover report.
8. The Seller shall send the documents for the goods, in particular the tax document, to the Buyer immediately after receipt of the goods, but no later than two days after receipt of the goods by the Buyer, unless these documents are handed over to the Buyer together with the goods.
9. In the event of unforeseeable circumstances or circumstances beyond the control of the parties, such as all cases of force majeure, which prevent the agreed delivery period from being met, the delivery period shall be extended by the duration of these circumstances; such circumstances include, in particular, armed conflicts, official interference and prohibitions, delays in transport and customs clearance, transport damage, shortages of energy and raw materials, industrial disputes and other labour disputes with employees, as well as the failure of an important, hard-to-replace supplier. These circumstances also justify an extension of the delivery period if they occur with a subcontractor.

 

VIII. Withdrawal from the contract by the consumer, notice of withdrawal and the procedure for exercising this right

1. The provisions of Article VIII of these Terms and Conditions shall apply only to purchase contracts concluded with the Seller as a buyer by a consumer within the meaning of Section 419 of the Civil Code.
2. Unless otherwise specified, the Buyer is entitled to withdraw from the Purchase Contract within fourteen (14) days from the date of receipt of the goods in accordance with the provisions of Section 1829(1) of the Civil Code, and if the subject of the Contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. The withdrawal must be sent to the Seller no later than the last day of the period referred to in the preceding sentence. For withdrawal from the purchase contract, the Buyer may use the sample form provided by the Seller, which is attached to these Terms and Conditions.
3. Withdrawal from the Purchase Contract pursuant to Article VIII. paragraph 2. of these Terms and Conditions may be sent to the Seller at the Seller's premises at BV vinařství a.s., (Sýpka) U Statku, 696 05 Milotice; withdrawal may also be made in person at this premises.
4. The consumer is not entitled to withdraw from the purchase contract in the cases provided for in Section 1837 of the Civil Code.
5. The provisions of Article VIII of these Terms and Conditions shall not apply in the cases provided for in Section 1840 of the Civil Code.
6. In the event of withdrawal from the purchase contract according to Article VIII. paragraph 2. of these terms and conditions, the Seller shall return the funds received from the Buyer within 14 days of the Buyer's withdrawal from the contract, in the same manner as the Seller received them from the Buyer. The Seller shall also be entitled to return the performance provided by the Buyer upon return of the goods by the Buyer or in another manner, provided that the Buyer agrees to this and no additional costs are incurred by the Buyer. If the Buyer withdraws from the contract, the Seller is not obliged to return the funds received to the Buyer before the Buyer returns the goods to the Seller or proves that he has sent the goods to the Seller. If the Buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller shall only refund the Buyer the cost of delivery of the goods in an amount equivalent to the cheapest method of delivery.
7. In case of withdrawal from the contract according to Article VIII. paragraph 2. of these terms and conditions, the buyer shall bear the direct costs associated with the return of the goods.
8. The Seller is entitled to unilaterally offset the claim for compensation for damage to the goods against the Buyer's claim for reimbursement of the purchase price.
9. In cases where the buyer has the right to withdraw from the contract in accordance with the provisions of Section 1829 (1) of the Civil Code, the seller is also entitled to withdraw from the contract at any time until the buyer takes over the goods. In this case, the seller shall return the purchase price to the buyer without undue delay, if it has already been paid, by cashless transfer to the account designated by the buyer.

 

IX. Withdrawal from the contract in other cases

1. The Seller also has the right to withdraw from the purchase contract if the Buyer does not pick up the goods prepared in the Seller's premises for personal collection within the time limit according to Article VII, paragraph 4. of these terms and conditions, or does not take over the goods that should have been delivered to him personally. This is without prejudice to the Seller's right to claim damages, in particular if the goods delivered to the Buyer could not be delivered to another Buyer.
2. If the purchaser is a legal entity, it is not entitled to withdraw from the purchase contract; this does not apply in cases provided for by law and which cannot be derogated from by contractual agreement of the parties.
3. If the buyer is a natural person who does not conclude a purchase contract with the seller in the capacity of a consumer, he/she is not entitled to withdraw from the concluded purchase contract; this does not apply in cases provided for by law and which cannot be derogated from by contractual agreement of the parties.
4. The seller is entitled to withdraw from the contract without giving any reason until the goods have been taken over by the buyer.

 

X. Rights arising from defective performance and quality guarantee (Complaints Procedure)

1. The provisions of Article X. of these Terms and Conditions shall apply to purchase contracts concluded with the Seller as a buyer by a consumer within the meaning of Section 419 of the Civil Code.
2. The rights and obligations of the Seller and the Buyer arising from defective performance and the quality guarantee are governed by the relevant generally binding legislation (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended (hereinafter referred to as the "Consumer Protection Act").
3. The seller is obliged to deliver the goods in conformity with the purchase contract without legal and factual defects. The performance must be provided in the agreed quantity, quality and workmanship.
4. The Seller shall be liable to the Buyer that the item is free from defects upon receipt. In particular, the Seller shall be liable to the Buyer that at the time the Buyer was moving the item, 
       ◦ the goods have the characteristics agreed between the parties and, in the absence of agreement, such characteristics as the seller or the manufacturer described or the buyer expected having regard to the nature of the goods and on the basis of the advertising carried out by them
       ◦ the item is fit for the purpose stated by the seller for its use or for which an item of that kind is usually used
       ◦ the item corresponds in quality or workmanship to the agreed sample or specimen, if the quality or workmanship was determined according to the agreed sample or specimen
       ◦ is a thing in the appropriate quantity, measure or weight, and
       ◦ the matter complies with the requirements of the legislation.
5. If the defect manifests itself within six months of receipt, the item shall be deemed to have been defective upon receipt.
6. In the case of a usable item, the seller shall indicate the shortest period of durability or, in the case of a perishable item, the period for which the item may be used.
7. If the Buyer so requests, the Seller shall confirm to the Buyer in writing the extent and duration of the Buyer's obligations in the event of defective performance.
8. If the item does not have the characteristics set out in Article X, paragraph 4 of these terms and conditions, the buyer has claims for defective performance under § 2106, paragraph 1, § 2107, paragraph 1 and § 2169 of the Civil Code and under the conditions set out in these provisions.
9. The buyer is obliged to notify the defect without undue delay after he could have discovered it with timely inspection and sufficient care.
10. Under the conditions of the law, the buyer has rights under the quality guarantee within the meaning of § 2165 of the Civil Code (statutory quality guarantee for 24 months from receipt of the goods); the provisions of § 2165 of the Civil Code do not apply according to § 2167 of the Civil Code
        ◦ in the case of an item sold for a lower price, the defect for which the lower price was agreed
        ◦ for wear and tear caused by normal use
        ◦ in the case of a used item, a defect corresponding to the level of use or wear and tear the item had when the buyer took possession of it, or if this is apparent from the nature of the item.
11. The right of defective performance does not belong to the buyer if the buyer knew before taking over the thing that the thing has a defect or if the buyer himself caused the defect.
12. The Buyer shall make the claim at the Seller's premises, either in person or by sending or delivering the goods to this address in another way. The address of this establishment is BV vinařství a.s., (Sýpka) U Statku, 696 05 Milotice. However, the Seller is obliged to accept the complaint in any establishment where it is possible with regard to the range of products sold and services provided, possibly also in the registered office or place of business. The Buyer shall notify the Seller of the right to the defective performance or quality guarantee chosen by the Buyer when notifying the defect or without undue delay after notification of the defect. In transit, the goods should be packed in suitable packaging to prevent damage and should be clean and complete. If the Buyer exercises a right arising from a defective performance, the other party shall confirm to the Buyer in writing when the right was exercised, what is the content of the claim, the method of settlement of the claim requested by the Buyer, the date and method of settlement of the claim, the performance of the repair, the duration of the repair and, if applicable, the written justification for the rejection of the claim.
13. According to § 19 (3) of the Consumer Protection Act, the seller decides on the complaint immediately, in complex cases within three working days. This time limit does not include the time appropriate to the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, must be settled without undue delay, within 30 days of the date of the complaint, unless the seller and the consumer agree on a longer period.
14. If the claim is found to be justified, the buyer is entitled to reimbursement of the costs reasonably incurred in exercising his right.

 

XI. Out of Court Dispute Resolution and other information

1. The Buyer is entitled to send any complaints to the Seller by e-mail to info@bvvinarstvi.cz.
2. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: http://www.coi.cz, is competent for the out-of-court settlement of consumer disputes arising from contracts. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the contract.
3. The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
4. The Seller is entitled to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade office. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No 634/1992 Coll., on Consumer Protection, as amended.

 

XII. Final provisions

1. If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer's rights under generally binding legislation.
2. If any provision of these Terms and Conditions is or becomes invalid, apparent or ineffective, the statutory provision or other provision of these Terms and Conditions whose meaning and purpose is as similar as possible to the invalid, apparent or ineffective provision shall prevail. The invalidity, apparent invalidity or ineffectiveness of any provision of these Terms and Conditions shall not affect the validity or effectiveness of the other provisions of these Terms and Conditions or the Terms and Conditions as a whole.
3. To the extent that the legal relationship between the Seller and the Buyer is not governed by these Terms and Conditions, it shall be governed by the applicable valid and effective laws. Notwithstanding the provisions of these Terms and Conditions, the legal relationship between the Seller and the Buyer shall also be governed by mandatory provisions of law, which cannot be derogated from by contractual agreement of the parties.
4. A sample withdrawal form is attached to the Terms and Conditions.
5. The Buyer may be delivered to the Buyer's electronic address specified in the order or in the Buyer's user account.
6. These terms and conditions come into force and effect on 24.9.2019.

Annex to the Terms and Conditions:

[name and friendly customer]
[customer's address]
[phone number and email]

B/V winery a.s.
Vítězná 718
696 02 Ratíškovice

At [place] on [date] 


NOTICE OF WITHDRAWAL FROM THE CONTRACT


Gentlemen,
On [date of purchase] I ordered [description of goods] from your online shop. I took delivery of these goods on [date of delivery].
Since the contract was concluded via the Internet, i.e. by means of distance communication, I exercise my right under Section 1829(1) of Act No. 89/2012 Coll., the Civil Code, as amended, and hereby notify you that I withdraw from the contract.
I am returning the goods to you and at the same time I ask for a refund of the purchase price, including the shipping costs.

Yours sincerely
 [Customer's name and surname1] 




Attachments: copy of the purchase document