TERMS AND CONDITIONS
of Amibso s.r.o, a limited liability company, which operates the WineAbouts brand with its registered office at Osamocená 436/16, Prague, 160 00; identification number: 04647734;
regarding the sale of goods through the online store located on the internet address www.wineabouts.com
1. Introductory provisions
1.1. These Terms and Conditions (hereinafter referred to as the "Terms and Conditions ") of Amibso s.r.o, a limited liability company, which operates the WineAbouts brand with its registered office at Osamocená 436/16, Prague, 160 00, identification number: 04647734, (hereinafter referred to as the "Seller") in accordance with § 1751 para. 1 Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the "Civil Code") regulate the mutual rights and obligations of the parties arising in connection with or based on a purchase contract, (hereinafter referred to as the "Contract") concluded between the Seller and a natural person (hereinafter referred to as the "Buyer") in particular through the Seller's online shop. The online shop is operated by the Seller on a website located at the internet address www.wineabouts.com (hereinafter referred to as the "Website") through the Website interface (the "Web Interface of the Store").
1.2. The Terms and conditions do not apply to cases when the person who intends to purchase the Goods from the Seller is a legal person or a natural person ordering Goods as part of their business activity.
1.3. Provisions derogating from the Terms and Conditions can be agreed in the purchase Contract. The derogating arrangements in the purchase Contract take precedence over the provisions of the Terms and Conditions.
1.4. The provisions of the Terms and Conditions are an integral part of the purchase Contract. The purchase Contract and Terms and Conditions are drawn up in English language. The purchase Contract can be concluded in English language.
1.5. The wording of the Terms and Conditions may be amended or supplemented by the Seller. This provision shall be without prejudice to rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.
1.6. These Terms and Conditions apply exclusively to the purchase of wine ("Goods").
2. User Account
2.1. Based on the Buyer's registration made on the Website, the Buyer can access their user interface. From their user interface (the "User Account"), the Buyer can order Goods. If the Web Interface of the Store allows, the Buyer can also order Goods without registering directly from the Web Interface of the Store.
2.2. When registering on the Website and when ordering Goods, the Buyer is obliged to provide all data correctly and truthfully. The Buyer is obliged to update the data provided in the User Account upon any change. The data provided by the Buyer in the User Account and when ordering the Goods are considered correct by the Seller.
2.3. Access to the User Account is secured by a user name and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their 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 have not used their User Account for more than 6 months, or if the Buyer violates their obligations under the purchase Contract (including the Terms and Conditions).
2.6. Buyer acknowledges that the User Account may not be available 24/7, especially with regard to the necessary maintenance of the Seller's hardware and software or the necessary maintenance of third-party hardware and software.
3. Conclusion of a purchase Contract
3.1. All presentation of wine (hereinafter "Goods") located in the Web Interface of the Store is informative and the Seller is not obliged to conclude a purchase Contract regarding these Goods. The provisions of § 1732 para. 2 of the Civil Code does not apply.
3.2. The Web Interface of the Store contains information about the Goods, including the prices of the individual Goods and the cost of returning the Goods, if the Goods cannot by their very nature be returned by the usual postal route. The prices of the Goods are indicated including value added tax and all related charges. Prices remain valid as long as they are displayed in Web Interface of the Store. This provision does not limit the Seller's ability to conclude a purchase Contract on individually agreed Terms.
3.3. Web Interface of the Store also contains information about the costs associated with the packaging and delivery of Goods. Information about the costs associated with the packaging and delivery of Goods listed in the Web Interface of the Store applies only in cases where the Goods are delivered within the territory of the Czech Republic.
3.4. To order the Goods, the Buyer fills in the order form in the Web Interface of the Store. In particular, the order form contains information about:
3.4.1. Ordered Goods (the ordered Goods are "inserted" by the Buyer into the e-shopping cart of the Web Interface of the Store),
3.4.2. the method of payment of the purchase price of the Goods, details of the required method of delivery of the ordered Goods and
3.4.3. information on the costs associated with the delivery of the Goods (hereinafter "Order").
3.5. Before sending the Order to the Seller, the Buyer is allowed to check and change the data entered into the Order by the Buyer, also with regard to the Buyer's ability to detect and correct errors arising from entering data into the Order. The Order is sent by the Buyer to the Seller by clicking on the "Complete Order" button. The information given in the Order is considered correct by the Seller. Immediately upon receiving the Order, the Seller confirms the Order to the Buyer by e-mail to the Buyer's e-mail address specified in the User Account or Order (the "Buyer's e-mail address").
3.6. The Seller is always entitled, depending on the nature of the Order (quantity of Goods, purchase price, estimated transport costs) to request additional confirmation from the Buyer (for example in writing or by phone).
3.7. The contractual relationship between the Seller and the Buyer arises from the delivery of the receipt of the Order (acceptance), which is sent by the Seller to the Buyer by e-mail to the Buyer's e-mail address.
3.8. The Buyer agrees to use the means of distance communication when concluding the purchase Contract. The costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the purchase Contract (internet connection costs, telephone call costs) are borne by the Buyer himself, which does not differ from the basic rate.
3.9. The purchase Contract with the Seller can only be concluded by a person over 18 years of age. The age of the Buyer will be verified according to a valid identification card with a photo on the delivery of the Goods. The purchase of Goods for the benefit of a person under the age of 18 shall be expressly prohibited.
4. Price of Goods and payment Terms
4.1. The price of wine and any costs associated with the delivery of the Goods according to the purchase Contract can be paid by the Buyer to the Seller in the following ways:
- especially cashless through the GPWEBPAY payment system
4.2. payment by card will be possible only and only for the purchase of wine
4.3. Together with the purchase price, 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 includes the costs associated with the delivery of the Goods as well.
4.4. The Seller does not require a deposit or any similar payment from the Buyer. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions concerning the obligation to pay the purchase price of the Goods in advance.
4.5. In the case of a bank transfer payment, the purchase price is payable within 30 days of the conclusion of the purchase Contract.
4.6. In case of a bank transfer payment, the Buyer is obliged to pay the purchase price of the Goods and include the variable payment symbol. The variable payment symbol is the identification number of the purchased wine cooler. In the case of a bank transfer payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller's account.
4.7. The Seller is entitled to demand payment of the entire purchase price before sending the Goods to the Buyer. Section 2119(1) of the Civil Code does not apply.
4.8. Any discounts on the price of the Goods provided by the Seller to the Buyer cannot be combined.
4.9. If it is customary in the trade or if it is provided for by generally binding legislation, the Seller issues a tax document - invoice to the Buyer regarding payments made on the basis of the purchase Contract. The Seller Amibso is/is not a value added tax payer. Tax document - the invoice is issued by the Seller to the Buyer after the payment of the price of the Goods and sent in electronic form to the Buyer's e-mail address.
4.10. According to the Act on Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, the Seller is obliged to register the received sales with the tax administrator online; in the event of a technical failure within 48 hours at the latest.
5. Withdrawal from the purchase Contract
5.1. The Buyer acknowledges that pursuant to the provisions of Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from the purchase Contract for the supply of Goods that have been modified according to the Buyer's wishes or for their person, from the purchase Contract for the supply of Goods that are subject to perish, as well as Goods that were irretrievably mixed with other Goods after delivery, from the purchase Contract for the supply of Goods in sealed packaging which the consumer has removed from the package and cannot be returned for hygiene reasons and from the purchase Contract for the supply of an audio or video recording or computer program if they have infringed their original packaging.
5.2. If this is not the case referred to in Art. 5.1 of the Terms and Conditions or any other case where it is not possible to withdraw from the purchase Contract, the Buyer has in accordance with the provisions of § 1829 para. 1 of the Civil Code the right to withdraw from the purchase Contract within fourteen (14) days of receiving of the Goods, whereby if the subject of the purchase Contract is several types of Goods or the delivery of several parts, this period runs from the date of receiving the last delivery of the Goods. Withdrawal from the purchase Contract must be sent to the Seller within the period specified in the previous sentence. The withdrawal from the purchase Contract may be sent to the address of the Seller's premises or to the Seller's e-mail address firstname.lastname@example.org.
5.3. In case of withdrawal from the purchase Contract pursuant to Art. 5.2 of the Terms and conditions, the purchase Contract is cancelled from the beginning. Unless otherwise agreed by the parties, the Goods must be returned to the Seller by the Buyer within fourteen (14) days of delivery of the withdrawal from the purchase Contract to the Seller. If the Buyer withdraws from the purchase Contract, the Buyer bears the costs associated with the return of the Goods to the Seller, even if the Goods cannot be returned due to their nature by the usual postal route.
5.4. In the event of withdrawal from the purchase Contract pursuant to Art. 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer or exchange the defective Goods within three weeks of the withdrawal, in the same way as the Seller accepted them from the Buyer. The Seller is also entitled to return the funds to the Buyer on the return of the Goods by the Buyer, if the Buyer agrees to this and this does not induce additional costs to the Buyer. If the Buyer withdraws from the purchase Contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the Goods to him or proves that he sent the Goods to the Seller.
5.5. The Seller is entitled to compensate for damaged Goods by a deduction out of the refund of the purchase price.
5.6. In cases where the Buyer has, in accordance with the provisions of § 1829 para. 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 Goods are taken over by the Buyer. In this case, the Seller returns the purchase price to the Buyer without undue delay, via bank transfer to the account designated by the Buyer.
5.7. If a gift is provided to the Buyer together with the Goods, the gift agreement between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the purchase Contract, the gift Contract for such gift will no more be effective and the Buyer is obliged to return the gift to the Seller together with the Goods.
6. Transport and delivery of Goods
6.1. In the event that the method of transport is Contracted on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.
6.2. If, according to the purchase Contract, the Seller is obliged to deliver the Goods to the place specified by the Buyer in the Order, the Buyer is obliged to take over the Goods upon delivery.
6.3. In case, for reasons on the part of the Buyer, it is necessary to deliver the Goods repeatedly or in a different way than stated in the Order, the Buyer is obliged to pay the costs associated with the repeated delivery of the Goods, or the costs associated with another method of delivery.
6.4. Upon receipt of the Goods from the carrier, the Buyer is obliged to check the intactness of the packaging of the Goods and in case of any defects, immediately notify the carrier. In the event of a breach of the packaging indicating unauthorized entry into the consignment, the Buyer does not have to accept the consignment from the carrier.
6.5. Other rights and obligations of the parties in the transport of Goods may be modified by the special delivery Terms of the Seller, if issued by the Seller.
6.6 The Seller delivers the Goods to the Buyer to a specified address via postal or courier services, or the Buyer can pick up the Order at: Osamocená 436/16, Praha, 160 00
6.7 The shipping price depends on the size of the Order and the delivery method. When placing an Order below 5 kg, the shipping price is CZK 230. With a larger Order, shipping is free.
6.8 When ordering Goods directly, the general delivery time is three days.
7. Rights from defective performance
7.1. The rights and obligations of the parties with respect to rights arising from defective performance are governed by the relevant generally binding legislation (in particular the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended).
7.2. The Seller is responsible to the Buyer that the Goods do not have defects upon receipt. In particular, the Seller is responsible to the Buyer that at the time when the Buyer took over the Goods:
7.2.1. the Goods have characteristics which the parties have agreed upon and, in the absence of an arrangement, have such characteristics as the Seller or manufacturer has described or which the Buyer expected, taking into account the nature of the Goods and the advertising carried out by them,
7.2.2. the Goods are fit for the purpose stated by the Seller for its use or for which Goods of this kind are normally used,
7.2.3. the Goods correspond to the quality or execution of the agreed sample or draft, if the quality or design has been determined on the basis of the agreed sample or model,
7.2.4. the Goods are in the agreed quantity, amount or weight
7.2.5. Goods comply with the requirements of the legislation.
7.3. The provisions referred to in Article 7.2 of the Terms and Conditions shall not apply to Goods sold at a lower price to a defect for which a lower price has been agreed, to wear and tear of the Goods caused by their normal use, to second-hand Goods to a defect corresponding to the degree of use or wear that the Goods had when taken over by the Buyer, or where this is due to the nature of the Goods.
7.4. If the defect manifests itself within six months of receipt, the Goods shall be considered to have been defective at the time of receipt. The Buyer is entitled to exercise the right of defect that occurs in consumer Goods within twenty-four months of receipt.
7.5. Rights from defective performance are exercised by the Buyer at the address of the Seller's establishment, in which acceptance of the claim is possible with regard to the assortment of Goods sold, or even at the registered office or place of business.
7.6. Other rights and obligations of the parties related to the Seller's liability for defects may be modified by the Seller's Complaints Procedure.
8. Out-of-court settlement of consumer disputes
8.1 The Seller hereby informs the Buyer that disputes arising from Contracts where the entrepreneur stands on the one side and the consumer on the other side can be resolved out of court. This is a way of resolving disputes outside the ordinary courts. The subject of out-of-court settlement of consumer disputes is the Czech Trade Inspection Authority.
9. Other rights and obligations of the parties
9.1. The Buyer acquires ownership of the Goods by paying the entire purchase price of the Goods.
9.2. The Seller is not bound by any codes of conduct in relation to the Buyer (except for the Complaints Code) within the meaning of § 1826 para, in the (e) the Civil Code.
9.3. The Seller ensures the handling of consumer complaints by means of an electronic address email@example.com. Information about the processing of the Buyer's complaint will be sent by the Seller to the Buyer's e-mail address.
9.4. The Czech Trade Inspection Authority is responsible for the out-of-court settlement of consumer disputes, with its registered office at Štěpánská 567/15, 120 00 Praha 2, IČ: 000 20 869, website at https://adr.coi.cz/cs. Online dispute resolution platform located at the internet address https://ec.europa.eu/consumers/odr can be used in resolving disputes between the Seller and the Buyer from the purchase Contract.
9.5. European Consumer Centre Czech Republic, registered office Štěpánská 567/15, 120 00 Prague 2, internet address: https://www.evropskyspotrebitel.cz is the contact point under Regulation No 524/2013 of the European Parliament and of the Council (EU) of 21 May 2013 on the resolution of consumer disputes online and on the amendment of Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on the settlement of consumer disputes online).
9.6. The Seller is entitled to sell the Goods on the basis of a trade license. The trade inspection is carried out within the scope of its competence by the competent trade authority. Supervision of the area of personal data protection is carried out 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, to a defined extent.
9.7. The Buyer hereby assumes the risk of a change of circumstances within the meaning of § 1765 para. 2 of the Civil Code.
10. Privacy and personal data protection
10.1. The Seller's obligation to the Buyer within the meaning of Article 2 of Regulation No 1260/1999 shall be as follows: 13 Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and on the repeal of Directive 95/46/EC (GDPR) related to the processing of the Buyer's personal data for the purpose of fulfilling the purchase Contract, for the purpose of negotiating that Contract and for the purpose of fulfilling the Seller's public obligations, is fulfilled by the Seller by means of a separate document.
11. Sending commercial communications and storing cookies
11.1. The Buyer agrees to receive information related to the Seller's Goods, services or business at the Buyer's e-mail address and further agrees to receive commercial communications by the Seller at the Buyer's e-mail address. The Seller fulfils his information obligation towards the Buyer within the meaning of Article 13 of the GDPR related to the processing of the Buyer's personal data for the purpose of sending commercial communications through a special document.
11.2. The Buyer agrees to store 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 are fulfilled without storing so-called cookies on the Buyer's computer, the Buyer may withdraw the consent according to the previous sentence at any time.
12.1. The Buyer may be reached at the e-mail address specified in their User Account or indicated by the Buyer in the Order.
13. Final provisions
13.1. If the relationship established by the purchase Contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law.
13.2. By choosing the law referred to in Article 12.1 of the Terms and Conditions, the consumer shall not be deprived of the protection granted to him by the provisions of the legal Order from which no Contractual deviate may be made and which, in the absence of a choice of law, would otherwise apply under the provisions of Article 6(1) of the Basic Regulation. Regulation No 593/2008 of the European Parliament and of the Council (EC) of 17 June 2008 on the law applicable to Contractual obligations (Rome I).
13.3. If a provision of the Terms and Conditions is invalid or ineffective, or becomes invalid, a provision shall take place instead of invalid provisions, the meaning of which is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall be without prejudice to the validity of the other provisions.
13.4. The purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not publicly available.
13.5. Seller's contact details: delivery address Osamocená 436/16, Vokovice, 160 00 Praha, e-mail firstname.lastname@example.org, phone number +420 601 390 935
In Prague on 23.9.2020