General Terms and Conditions of Sale

Rights and obligations of VINAŘSTVÍ DVOŘÁČEK LTM s.r.o., with the registered office at 696 19 Mikulčice no. 93, ID No .: 28289510, as the Seller, and the Buyer as a consumer within the meaning of Section 419 of the Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter referred to as “NOZ”), are governed by the valid Czech legal order (particularly by relevant provisions of the Civil Code on purchase within the meaning of Section 2079 of NOZ) and these Terms and Conditions.

Buyer

According to these Terms and Conditions, the Buyer shall mean the consumer within the meaning of Section 419 of NOZ. At the commencement of a business relationship, the Buyer only provides his/her contact information to the Seller. The legal relations between the Seller with the end user not expressly regulated by these Terms and Conditions are governed by the relevant provisions of the NOZ as well as other related legal regulations.

Data protection

The Seller declares that all personal data are confidential, will only be used to process the contract with the Buyer and will not be provided to a third party or otherwise disclosed except in the context of distribution or payment transactions relating to the ordered goods. The Buyer agrees to enter information about him/her and his/her purchases into the Seller’s database.

Order

All orders made are binding. In order to accept the order by the Seller, the Buyer is obliged to specify the goods, quantity, price, contacts and name of the Buyer and possibly the person authorized to take over the goods and the method of transport. In such a case, the order is also a proposal to conclude a purchase contract. The purchase contract, on the basis of which the sale of goods is realized by the Seller to the Buyer, arises on the basis of a binding confirmation of the order by the Seller to the Buyer. Confirmation by e-mail is deemed to be a binding confirmation, which is carried out after receipt of the Buyer’s order. The order is confirmed by the Seller as soon as possible. The Seller’s confirmed (accepted) order (or its part) is considered binding for both parties. However, the Seller may in individual cases, especially in terms of assortment or financially demanding cases, reserve a written confirmation of the order or conclusion of a written purchase contract or a framework purchase contract. In case of wrong selection of goods in the order by the Buyer and subsequent replacement of goods, the Seller reserves the right to charge all costs associated with the replacement of goods.

Order cancellation by the Buyer

The Buyer has right to cancel the order without giving any reason at any time before its binding confirmation (acceptance) by the Seller. After binding order confirmation only if the Seller does not meet the agreed delivery conditions. If the confirmed order is canceled, the Buyer is obliged to compensate the Seller for all and any damage caused by such acting.

Order cancellation by the Seller

The Seller is entitled to cancel the order if the goods can no longer be delivered (especially in the event of its sellout). In such a case, the Seller will immediately contact the Buyer to agree on further steps. In the event that the Buyer has already paid the full amount of the purchase price, this amount will be transferred back to his/her account as soon as possible (but no later than within 5 working days). The Seller is also entitled to cancel the order if payment for the goods was not made by the deadline specified in the request for payment.

Payment terms

Payment for goods can be made by one of the following methods of payment always before the goods takeover.

Methods of payment

Non-cash payment – prepayment by bank transfer based on the Call for Payment and in accordance with the information contained therein, or payment by card online (once the payment gateway is operational); Payment in cash – payment in cash or by card in case of personal collection of goods by the Buyer at 696 19 Mikulčice no. 93; Cash on delivery – cash payment upon receipt of goods by the Buyer from the carrier.

Terms of delivery

The place of collection will be determined in accordance with the Buyer’s order. Transport to the destination is provided by the Seller if this service is ordered by the Buyer. The following are considered to be delivery of goods:

1. Personal collection of goods by the Buyer at the Seller’s point of sale specified in the order confirmation;
2. Delivery to the location specified by the Buyer and takeover.

Goods may be taken over only by a person authorized or commissioned by the Buyer. This person must prove their identity. Distribution of goods is provided throughout the Czech Republic and Slovak Republic. If the Buyer fails to take over the goods for reasons on his/her side (e.g. the designated person is not present or is unable to pay the purchase price, etc.), the Buyer shall bear the costs of repeated delivery in full. The Buyer and the Seller hereby negotiate a reservation of the ownership title to the goods being transferred to the Buyer upon payment of the full purchase price. The risk of damage to the goods shall pass to the Buyer upon receipt of the goods by the Buyer. The particular method of delivery is chosen by the Buyer. In case of incomplete or damaged shipment, the Buyer is obliged to write a damage report with the carrier and send it immediately by e-mail to the Seller, if not possible then by mail, but in this case immediately notify the Seller by telephone. If the Buyer accepts the parcel by signing it in the carrier’s documents, the Buyer is not entitled to additional claims for incompleteness or damage to the delivery. The Buyer is not obliged to take over the shipment from the carrier in case of finding a damage of the package, which indicates unauthorized entry into the shipment.

Withdrawal from the purchase contract (return of the goods)

In accordance with Section 1829 of the NOZ, the Buyer has the possibility to withdraw from the contract within fourteen (14) days from the date of receipt of the goods. In case of withdrawal from the purchase contract, the purchase contract is canceled from the beginning. The goods must be returned to the Seller within fourteen (14) days from the date of withdrawal from the contract. If the Buyer withdraws from the purchase contract, the Buyer bears the cost of returning the goods.

Return of funds to the consumer

If the consumer exercises the right of withdrawal pursuant to Section 1832 (1) of the NOZ, he/she is entitled only to reimbursement of the costs actually incurred in connection with the return of the goods. At the same time, the supplier is obliged to refund the amount paid to the consumer no later than fourteen (14) days from the withdrawal, but may withhold it until the consumer delivers the goods back or proves that he/she has sent it.

If the goods are not in conformity with the order or purchase contract, that is, in particular, that it is not without defects, the Buyer has the right to require the Seller to put the things in the state corresponding to the order or purchase contract free of charge and without undue delay either exchange the goods or repair it, as the Buyer specifies. If such a procedure is not possible, the Buyer may request a reasonable discount on the price of the item or withdraw from the contract. This does not apply if the Buyer before taking over the matter of conflict with the order or purchase order was aware of or caused the discrepancy him/herself. Upon the occurrence of a defect within 6 months of receipt of the item, it shall be deemed that the defect already existed at the time of receipt of the goods, unless this contradicts the nature of the item or is proven otherwise. In the event of a conflict with the contract, the consumer is entitled to remedy by one of the following procedures:

• A reasonable reduction in the purchase price,
• New goods delivery,
• Withdrawal from the contract.

Warranty conditions

The warranty period starts from the day of handing over the goods to the Buyer. The warranty period for the sold wines is 6 months and this warranty period corresponds to the conditions of Act No. 321/2004 Coll. (hereafter the “Viticulture Act”), as amended.

Claims

If the ordered goods are delivered including transport to the place indicated by the Buyer and the delivery of the goods is incomplete or damaged, the Buyer is obliged to write with the carrier (driver) a record of damage (description of the defect and its occurrence, order number, delivery note and invoice number) and immediately send it to the Seller by e-mail or mail and immediately notify the Seller by telephone. When making a claim, the Buyer is obliged to prove the purchase of the subject of performance at the Seller’s invoice or delivery note. The Seller shall not be obliged to accept the goods complaint settlement if the Buyer fails to hand it over together with all parts and accessories and with all documentation. The Buyer is informed about the result of the complaint in a manner agreed with the Seller (by e-mail or phone or in writing) no later than 30 days from the receipt of the subject of performance for settlement of the complaint. Remedy of defect is realized by replacement of product or by replacement of defective part.

Final provisions

These Terms and Conditions apply in the wording stated on the Seller’s website. By sending the order, the Buyer unreservedly accepts all provisions of the Terms and Conditions as in force on the day of sending the order, including the price of the ordered goods (including freight, handling of goods and pallets) valid on the day of dispatching the order unless demonstrably agreed otherwise.The Buyer is irrevocably bound by sending an order (draft purchase contract). In situations not regulated by these Terms and Conditions, the relationship between the Buyer and Seller is governed by the applicable laws of the Czech Republic, in particular Act No. 89/2012 Coll., The Civil Code.

Documents used in eShop

• Order confirmation (acceptance) – document e-mailed by the Seller to Buyer
• Call for payment (in case of prepayment) – document e-mailed by the Seller to Buyer upon order confirmation