Terms and conditions of use

General Terms and Conditions

1. 1. Introductory Provisions
   1. 1.1. These Terms and Conditions ("Terms and Conditions") of Vinograf s. r. o., with registered office at Senovážné náměstí 978/23, 110 00 Prague 1, Company Registration No. 017 70 837, VAT No. CZ01770837, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 266704, telephone: +420 734 492 160, email: eshop@vinograf.cz ("Seller") regulate in accordance with Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended (the "Civil Code"), the mutual rights and obligations of the contractual parties arising in connection with or on the basis of a purchase agreement (the "Purchase Agreement") concluded between the Seller and the Buyer through the Seller's online shop, which is operated at the Internet address: https://www.vinograf.cz/ (the "Website"), through the Website interface (the "Website Interface"). 
   2. 1.2. Contact address and business premises:
2. Vinoshop
3. Senovážné nám. 6
4. 110 00 Praha 1
5. Opening hours: Monday–Friday 9:30 a.m.–6:00 p.m. ("Shop")
   1. 1.3. These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who enters into a Purchase Agreement outside of his/her business activity as a consumer or within the scope of his/her business activity ("Buyer") or a legal entity, for goods through the Website Interface located on the Website available at www.vinograf.cz.  
   2. 1.4. The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. Any deviating provisions in the Purchase Agreement shall prevail over the provisions of these Terms and Conditions. The withdrawal form for withdrawal from the Purchase Agreement is attached to the Terms and Conditions.  
   3. 1.5. The wording of these Terms and Conditions may be amended or supplemented 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.  
6. 2. User Account 
   1. 2.1. Following the Buyer's registration on the Website, the Buyer may access his/her user interface via a user account ("User Account") from which the Buyer may place orders for goods. The Buyer may also order goods without registration.
   2. 2.2. When registering on the Website, the Buyer shall provide all information correctly and truthfully. The Buyer is obliged to update the information provided in the User Account in case of any change. The information provided by the Buyer in the User Account and when ordering goods shall be deemed correct by the Seller. 
   3. 2.3. Access to the User Account is secured by a username and password. 
   4. 2.4. The Seller may cancel the User Account, in particular if the Buyer does not use the User Account for more than 24 months or if the Buyer breaches his/her obligations under the Purchase Agreement.
   5. 2.5. The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to maintenance of the Seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties. 
7. 3. Conclusion of the Agreement
   1. 3.1. The Purchase Agreement is concluded in the Czech language.
   2. 3.2. The Buyer places an order for goods in the following ways:

1. a) Via his User Account, if he has previously registered on the Website,
2. b) By filling in the order form without registration.   

1. 1. 3.3. When placing an order, the Buyer chooses the goods, the number of items, the payment method and the delivery method. 
   2. 3.4. The Buyer is entitled to check and change the information s/he has entered in the order before sending the order. The Buyer shall submit the order by clicking on the "Order" button.  The Seller considers the information provided in the order to be correct. The validity of the order is subject to the completion of all mandatory data in the order form and the Buyer's confirmation that s/he has read these Terms and Conditions. By clicking the Order button, the order becomes binding. The Buyer is entitled to cancel the order by sending an email to the Seller's email address.  
   3. 3.5. Upon receipt of the order, the Seller shall send the Buyer a confirmation of receipt of the order to the email address provided by the Buyer in the order form. This confirmation shall not be deemed to be the conclusion of the Purchase Agreement. The Purchase Agreement is concluded only after the Seller has received the order. Notification of receipt of the order is delivered to the Buyer's email address provided in the order form.  
   4. 3.6. Should the Seller be unable to supply the Buyer with all the goods specified in the order, the Seller shall send the Buyer an amended offer. The amended offer shall be deemed a new draft Purchase Agreement. Should this be the case, the Purchase Agreement shall be concluded only upon the Buyer's confirmation to the Seller's email address that s/he accepts the amended offer.  
   5. 3.7. In the event of an obvious technical error on the part of the Seller in the indication of the price of the goods on the Website or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer at this obviously erroneous price even if the Buyer has been sent an automatic confirmation of receipt of the order pursuant to Article 3.5 of these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and shall send the Buyer an amended offer to the Buyer's email address. The amended offer shall be deemed a new draft Purchase Agreement. Should this be the case, the Purchase Agreement shall be concluded only upon the Buyer's confirmation to the Seller's email address that s/he accepts the amended offer.  
   6. 3.8. The Seller is entitled to request the Buyer to confirm the order additionally in writing or electronically.
   7. 3.9. Acceptance of unsolicited performance by the Buyer does not constitute acceptance of the offer.
   8. 3.10. The sale of alcoholic beverages is permitted only to persons over 18 years of age. A person under the age of 18 may not create an order for alcoholic beverages or accept an order. Representation of a person over 18 years of age by a minor is not permitted under any circumstances.
2. 4. Subscriptions
   1. 4.1. The Buyer may order periodic deliveries of goods through the Website for a subscription period, with the selection of specific goods being at the Seller's discretion (the "Subscription Agreement"). Subscription Period means the period for which the goods will be delivered to the Buyer.  
   2. 4.2. The purchase price of the Subscription, the Subscription Period, the frequency of delivery of the goods and other terms and conditions of each Subscription are set out on the Website. 
   3. 4.3. The conclusion of the Subscription Agreement, the method of payment, complaints and delivery shall be governed by these Terms and Conditions. 
3. 5. Delivery of Goods 
   1. 5.1. The Seller allows the delivery of goods within the Czech Republic. 
   2. 5.2. The goods are delivered to the Buyer:

1. a) To the address specified by the Buyer in the order form,
2. b) By personal collection at the Seller's Shop.

1. 1. 5.3. The choice of delivery method is made during the ordering process. 
   2. 5.4. The cost of delivery of the goods depending on the delivery method is specified in the order form and in the order confirmation by the Seller. In the event that the delivery method is agreed upon at the Buyer's specific request, the Buyer shall bear the risk and any additional costs associated with this delivery method. 
   3. 5.5. In the event that the Buyer indicates in the order form that s/he wishes to deliver the goods to a location specified by the Buyer, the Buyer is obliged to take delivery of the goods at the specified location and time of delivery. Should it be necessary for reasons on the Buyer's side to deliver the goods repeatedly or by a different method than as specified in the order, the Buyer shall pay the costs associated with the repeated delivery of the goods or the costs associated with a different delivery method.  
   4. 5.6. Upon receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects, notify the carrier immediately. In the event of a breach of packaging indicating unauthorized opening of the shipment, the Buyer is not obliged to accept the shipment from the carrier. 
   5. 5.7. The Seller shall hand over the documents for the goods, in particular the invoice, to the Buyer upon receipt of the goods or send them to the Buyer's email address within 2 days of receipt of the goods by the Buyer.
   6. 5.8. Delivery of alcoholic beverages may only be accepted by a person over 18 years of age. If the age is not obvious, the carrier is entitled to require the Buyer to provide proof of age. If the Buyer fails to provide proof of age, the goods cannot be handed over to the Buyer.  
   7. 5.9. The Seller is entitled to sell the goods in a suitable manner after giving the Buyer notice by email and a new reasonable period of time for acceptance. The Seller is entitled to charge the Buyer for storage costs and the costs of unsuccessful delivery of the goods due to lack of cooperation on the part of the Buyer to the extent necessary.
2. 6. Payment Terms
   1. 6.1. The information on the purchase price given by the Seller shall be binding, except in the case of an obvious error, as specified in Article 3.7 of these Terms and Conditions. The purchase prices are inclusive of VAT. 
   2. 6.2. Pursuant to Act No. 112/2016 Coll., on Registration of Sales, as amended, the Seller is obliged to issue a receipt to the Buyer. 
   3. 6.3. The purchase price of the goods and any costs associated with the delivery of the goods under the Purchase Agreement or Subscription Agreement shall be paid by the Buyer after the conclusion of the Purchase Agreement or Subscription Agreement and prior to delivery of the goods. Payment of the total price may be made in the following ways:
      1. a) in cash on receipt of the goods;
      2. b) by an online payment via an external payment gateway using a credit card; 
      3. c) by instant bank transfer to the Seller's bank account.
3. 7. Withdrawal from the Purchase Agreement
   1. 7.1. The Buyer who is a consumer ("Consumer") may withdraw from the Purchase Agreement within 14 days of receipt of the goods or the last part of the delivery, regardless of the method of receipt of the goods or payment. This period is intended to allow the Buyer to become reasonably familiar with the nature of the goods.
   2. 7.2. The Consumer is also entitled to withdraw from the Purchase Agreement at any time before delivery of the goods.
   3. 7.3. The Consumer shall send the withdrawal from the Purchase Agreement to the Seller's email address or the address of the Premises or hand it over in person at the Premises within 14 days of receipt of the goods. The Consumer is not obliged to state the reason for which s/he withdraws from the Purchase Agreement. To facilitate communication, it is advisable to include the date of purchase or order number, bank account and the chosen method of return in the withdrawal. To withdraw from the Purchase Agreement, the Consumer may use the sample withdrawal form attached to these Terms and Conditions.  The Seller shall confirm the Consumer's acceptance of the withdrawal without delay.
   4. 7.4. The Consumer who has withdrawn from the Purchase Agreement is obliged to return the goods to the Seller within 14 days of withdrawal. The Consumer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by the usual postal method due to their nature.
   5. 7.5. The Seller is obliged to refund to the Consumer the amount fully corresponding to the price of the goods, including the cost of delivery, within 14 days of withdrawal, to the account specified by the Consumer in the withdrawal. The Consumer shall send or hand over the purchased goods to the Seller within the same period at the latest. The goods should be returned to the Seller (not C. O. D.) complete, preferably in the original packaging, it must not show signs of wear or damage, it must not be open, cracked or have damaged labels. The Seller shall not be obliged to return the funds received to the Consumer before the Consumer has handed over the goods to the Seller or proved that he has sent the goods to the Seller.
   6. 7.6. If the returned goods are damaged by the Consumer's breach of duty, the Seller shall be entitled to make a complaint against the Consumer for the diminution in value of the goods and to set it off against the amount to be refunded.
   7. 7.7. Exceptions: The right to withdrawal cannot be exercised in case of contracts for the supply of digital content if it has not been supplied on a tangible medium or in case of contracts for the provision of services, in both cases provided that performance has been effected with the prior express consent of the Buyer before the expiry of the withdrawal period; in case of contracts for the supply of services or goods (including alcoholic beverages) the price of which depends on the fluctuations of the financial market independently of the Seller's will; in case of contracts for the supply of goods customized to the Buyer's wishes or for his person; for contracts for perishable goods; for goods which have been irretrievably mixed with other goods or removed from their sealed packaging and cannot be returned for sanitary reasons; for the supply of sound or visual recordings or computer programs if the Buyer has damaged their original packaging; for the delivery of newspapers, magazines or other periodicals; for contracts for accommodation, transport, catering or leisure provided within a specified period or for contracts concluded by public auction under the law governing public auctions.
   8. 7.8. The Seller shall be entitled to withdraw from the Purchase Agreement at any time prior to delivery of the goods if he is objectively unable to deliver the goods to the Buyer within a period reasonable under the circumstances and/or if it becomes apparent that the Buyer has breached a previously concluded Purchase Agreement or Subscription Agreement with the Seller.
4. 8. Rights and Obligations Arising from Defective Performance and Handling of Complaints
   1. 8.1. The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller shall be liable to the Buyer that at the time the Buyer took delivery of the goods:

1. a) the goods are in the appropriate quantity, measure or weight,
2. b) the goods comply with the requirements of the law,
3. c) the goods are not encumbered by third party rights,
4. d) the goods correspond in quality or to the agreed sample or specimen, 
5. e) the goods have the characteristics agreed between the parties and, in the absence of an agreement, have the characteristics described by the Seller or the manufacturer or expected by the Buyer with regard to the nature of the goods,
6. f) the goods are fit for the purpose for which the Seller states they are to be used or for which goods of that kind are usually used.

1. 1. 8.2. If the defect becomes apparent within 6 months of the Buyer's receipt of the goods, the goods shall be deemed to have been defective on receipt. The Buyer shall be entitled to exercise the right to claim for defects that occur in consumer goods within 24 months of receipt. This provision does not apply to goods sold at a lower price because of a defect for which the lower price was agreed, to wear and tear caused by normal use, to a defect in used goods corresponding to the level of use or wear and tear the goods had when the Buyer accepted them, or if it is apparent from the nature of the goods.
   2. 8.3. The Buyer shall not be entitled to the rights of defective performance if the Buyer knew that the goods were defective before accepting the goods or if the Buyer caused the defect himself.
   3. 8.4. If the goods are defective, the Buyer may require from the Seller to:

1. a) exchange for new goods,
2. b) repair the goods,
3. c) provide a reasonable discount on the purchase price,
4. d) withdraw from the Agreement if the goods have a material defect, if the Buyer cannot use the goods due to the recurrence of defects or in case of a large number of defects. 

1. 1. 8.5. A material breach of the Purchase Agreement is a breach of the Purchase Agreement of which the party breaching the Purchase Agreement already knew or must have known at the time of conclusion of the Purchase Agreement that the other party would not have concluded the Purchase Agreement if it had foreseen the breach.
   2. 8.6. In case of a defect which constitutes an immaterial breach of the Purchase Agreement or the Subscription Agreement (regardless of whether the defect is remediable or irremediable), the Buyer shall be entitled to have the defect remedied or to receive a reasonable discount on the purchase price.
   3. 8.7. If a repairable defect has occurred repeatedly after repair (third complaint for the same defect or fourth complaint for different defects) or the goods have a greater number of defects (at least three defects at the same time), the Buyer may exercise the right to a discount on the purchase price, an exchange of the goods or to withdraw from the Purchase Agreement or Subscription Agreement.
   4. 8.8. The Seller is not liable for defects resulting from normal wear and tear or failure to follow the instructions for use.
   5. 8.9. The Buyer is obliged to file a complaint with the Seller or the person designated for repair without undue delay since the discovery of the defect. 
   6. 8.10. The Buyer may make a complaint at any of the Shop or by sending an email to the Seller's email address. The Seller is obliged to issue the Buyer a written confirmation that the Buyer has claimed the defect, when the defect was claimed, what the defect of the goods is and what method of settlement of the complaint the Buyer requires. If the Buyer fails to exercise his/her right under a material breach in time, s/he shall have the rights as in the case of an immaterial breach.
   7. 8.11. The Buyer is obliged to prove the purchase of the goods (preferably by proof of purchase). The Buyer shall hand over or deliver the goods to the Seller at the Shop at the same time or subsequently after the complaint has been made. The goods must be packed in suitable packaging to prevent damage or destruction when transported and must be clean and complete.
   8. 8.12. The Seller shall decide on the complaint immediately, in complex cases within 3 working days. This time limit does not include the time reasonable according to the type of goods required for a professional assessment of the defect. The complaint, including the removal of the defect, must be settled without delay, within 30 days at the latest from the date of the complaint and the handover of the goods to the Seller (if the goods have not been handed over when the complaint is made). In the event that the Seller fails to settle the complaint within the aforementioned period, the Buyer shall be entitled to withdraw from the Purchase Agreement or the Subscription Agreement.
   9. 8.13. The Seller is obliged to inform the Buyer in writing about the settlement of the complaint and, if the complaint is accepted, about the method of its resolution.   
   10. 8.14. In the event of a justified complaint, the Buyer is entitled to compensation for reasonable costs incurred in connection with the complaint. The Buyer may exercise this right with the Seller within 1 month after the expiry of the warranty period. 
   11. 8.15. The warranty period shall be extended by the time from the filing of the complaint until its settlement or until the Buyer was obliged to collect the goods. If the goods or a part thereof are replaced, the Seller's liability shall apply as if the goods or a part thereof had been purchased new.
   12. 8.16. If it is not possible to monitor the status of the complaint online, the Seller undertakes to inform the Buyer of the complaint settlement by email or SMS, as requested by the Buyer.
2. 9. Protection of Personal Data
   1. 9.1. Obligations under Act No. 110/2019 Coll., on Personal Data Processing, and at the same time the obligations arising from Regulation 2016/679 of the European Parliament and of the Council (GDPR) related to the processing of the Buyer's personal data for the purposes of the fulfillment of the Purchase Agreement, negotiations on the Purchase Agreement and the fulfillment of the Seller's public obligations are fulfilled by the Seller through a special Privacy Policy document, which is available on the Website.
3. 10. Dispute Resolution
   1. 10.1. Mutual disputes between the Seller and the Buyer shall be resolved by the general courts.
   2. 10.2. Pursuant to Act No. 634/1992 Coll., on Consumer Protection, as amended (the "Consumer Protection Act"), the Consumer has the right to an out-of-court settlement of a consumer dispute arising from the Purchase Agreement or the Subscription Agreement. The entity authorized to carry out out-of-court dispute resolution is the Czech Trade Inspection Authority. Further information is available on the website www.coi.cz. The out-of-court settlement of a consumer dispute is initiated exclusively at the Consumer's request, and only if the dispute has not been resolved directly with the Seller. The application may be filed within 1 year from the date on which the Consumer first exercised his/her right, which is the subject of the dispute, with the Seller.
   3. 10.3. The Consumer also has the right to initiate an out-of-court dispute resolution online via the ODR platform available at ec.europa.eu/consumers/odr/. 
   4. 10.4. Supervision of compliance with the obligations under the Consumer Protection Act is carried out by the Czech Trade Inspection Authority (www.coi.cz).
4. 11. Final Provisions
   1. 11.1. The Purchase Agreement, the Subscription Agreement and the relations related thereto are governed by Czech law. Relations not expressly provided for in the Purchase Agreement or the Subscription Agreement are governed by the Civil Code, the Consumer Protection Act and other relevant legislation.
   2. 11.2. These Terms and Conditions are effective from [___].