Vinařství Veselí nad Moravou, s. r. o. Terms and Conditions of Sale
The “Vendor” means the company Vinařství Veselí nad Moravou s.r.o., with its seat at Sokolovská 671, 689 01 Veselí nad Moravou, IČO: 06007791, entered in the commercial registry held by the Regional Court in Brno, Section C, entry 99201.
The “Purchaser” means a legal or natural person who concludes a Purchase Contract with the Vendor, which includes these Terms and Conditions of Sale.
The “Online Store” means the online store operated by the Vendor and available to the User at the website (URL) https://dogindock.com/.
The “User” means a user of the global internet.
“Terms and Conditions of Sale” means these General Terms and Conditions of Sale of the Vendor, which are available to the User at the website (URL): https://dogindock.com/obchodni-podminky.
The “Consumer” means the person who concludes a Purchase Contract as Purchaser outside the framework of his or her business activities, or outside the framework of the independent exercise of their profession.
“Personal Data Protection Principles” means the principles which govern the Vendor in processing personal data, and which are available at the website https://dogindock.com/ochrana-osobnich-udaju.
2. Core provisions
2.1 These Terms and Conditions of Sale in accordance with provisions § 1751 para. 1 of Act no. 89/2012 Coll., the Civil Code (hereinafter the “Civil Code”), govern the mutual rights and obligations of the contractual parties arising in line with conclusion of the Purchase Contract through the online store.
2.2 The provisions of these Terms and Conditions of Sale are an integral part of the Purchase Contract. The Purchase Contract and Terms and Conditions of Sale are written in Czech. The Purchase Contract can be concluded in Czech.
2.3 The Vendor reserves the right to modify or add to the wording of these Terms and Conditions of Sale. This provision shall not affect the rights and obligations arising over the period the previous Terms and Conditions of Sale wording is in force.
2.4 The methods for handling personal data are governed by the Personal Data Protection Principles available online.
2.5 These Commercial Terms and Conditions also apply where the Purchaser is not the Consumer. In such cases, the Consumer Protection provisions do not apply.
2.6 Important notice. It is prohibited to sell alcoholic drinks to anyone under the age of 18 years.
3. Conclusion of a Purchase Contract
3.1 In the online store, the Purchaser is shown a list of the Vendor’s goods and services available. All offers for the sale of goods and services located in the online store are non-binding in nature, and the Vendor is fundamentally not obliged to conclude a Purchase Contract with the Purchaser in regard to goods or services offered. All data provided in the online store is informative in nature only and is not an offer for conclusion of a contract. Positioning goods and services onto the online store web interface is considered an invitation to bid as defined in the provisions of § 1780 para. 2 of the Civil Code, and an order sent by the Purchaser is a proposal for conclusion of a Purchase Contract. The Purchase Contract is concluded through confirmation of a duly filled in order by the Vendor sent to the Purchaser’s e-mail address stated in the user interface or in the order. The application of the provisions of § 1732 para. 2 of the Civil Code is excluded.
3.2 In order to make an order of goods or services, the Purchaser should fill in the order form, containing in particular, but not exclusively, information on: the ordered goods/services, the method for paying the purchase contract of the goods/services, information on the requested method of delivery of the ordered goods/supplied services, information on costs related to delivery of the goods/supply of the services.
3.3 Before sending the order, the Purchaser is given the opportunity to check and change the data he or she has entered in the order to allow the Purchaser to ascertain and correct any errors made when entering data into the order form. The Purchaser should then send the order to the Vendor by clicking on the button “Place Order ”. Data given in the order is considered correct by the Vendor. The Vendor is always entitled depending on the nature of the order (amount of goods, price, anticipated costs for transport and other matters) to ask the Purchaser to subsequently confirm the order (in writing or by telephone).
3.4 Concluding a Purchase Contract places an obligation on the Vendor to supply the Purchaser with the goods or services in the agreed manner and allow the Purchaser to acquire title to the goods, while it also places an obligation on the Purchaser to take the goods and pay the agreed purchase for the goods/services to the Vendor.
3.5 Until the Purchaser receives the goods, or until the provision of the services begins, the Vendor is entitled to withdraw from the Purchase Contract at any time if it proves impossible to provide the service at the agreed time, if the goods are temporarily unavailable, if the goods are no longer produced or if their delivery cannot be secured even under degraded conditions or at the agreed time. The Vendor can withdraw from the Purchase Contract by sending notice of their withdrawal from the Purchase Contract to the Purchaser at the e-mail address provided to the Vendor by the Purchaser when registering on the online store user interface.
3.6 The Consumer has the right to withdraw from the Purchase Contract without giving any reason within 14 days from receiving the goods. If withdrawing from the Purchase Contract, the Purchase Contract is cancelled from the beginning. The goods must be returned to the Vendor within fourteen (14) days from withdrawal from the Purchase Contract at the latest. If the Purchaser withdraws from the Purchase Contract, the Purchaser is liable for costs in regard to returning the goods to the Vendor in accordance with the provisions of § 1820 para. 1 g) of the Civil Code, even where the goods cannot be returned by standard post due to their nature.
3.7 The Purchaser acknowledges, however, that he or she cannot withdraw from the following Purchase Contracts, amongst others:
• for the delivery of goods which have been modified according to the Purchaser’s wishes or for his or her person,
• for the delivery of perishable goods, or goods which after delivery are irretrievably mixed with other goods,
• for the delivery of goods whose price depends on fluctuations in the financial market independently of the will of the Vendor and which may occur during the deadline for withdrawing from the Contract,
• and also for the delivery of alcoholic drinks which may be delivered after thirty days and whose price depends on fluctuations in the financial market independently of the will of the Vendor.
3.8 The Purchaser consents to the use of remote means of communication when concluding the Purchase Contrast. Costs which arise to the Purchaser in the use of such remote means of communication in relation to conclusion of the Purchase Contract are common, at standard rate and the Purchaser shall pay for these costs.
3.9 No Consumer rights can be exercised in regard to gifts which are provided to the Purchaser by the Vendor free of charge. If a gift is provided to the Purchaser alongside the goods, a gift contract is concluded between the Vendor and the Purchaser with a resolutory condition that if the Purchaser withdraws from the Purchase Contract, then the gift contract related to the gift shall expire and the Purchaser is obliged to return the gift provided alongside the goods to the Vendor.
4. Price of goods and terms of payment
4.1 E-shop obsahuje výčet zboží a služeb nabízeného Prodávajícím k prodeji, a to včetně uvedení ceny nabízeného zboží/služby.
4.1 The online store includes a list of goods and services offered for sale by the Vendor, including the marked price for the offered goods/services.
4.2 The price for the goods and services is given inclusive of all taxes and charges. Under the terms and conditions stated in these Terms and Conditions of Sale, the Vendor shall charge the Purchaser costs for delivery of the goods to the Purchaser in addition to the price of the goods.
4.3 The Purchaser shall choose a method of delivery in accordance with the range of goods delivery methods.
4.4 The Purchaser may pay the Vendor the price of the goods/services and any costs related to the delivery of goods in accordance with the Purchase Contract in the following ways:
• in cash at the supply site at the address Sokolovská 671 or Zámecká 30 in Veselí nad Moravou,
• by wire transfer to the Vendors bank account, no. 117863563/0300, held at Československá obchodní banka, a. s.,
• by credit or debit card via the GoPay secure electronic payment gateway.
4.5 If paying in cash, the purchase price is payable upon receipt of the goods. For non-cash payment, the purchase price is payable within 4 days from concluding the Purchase Contract.
4.6 For non-cash payments, the Purchaser is required to pay the Purchase Price for the goods/services alongside giving the “variabilní symbol” (variable symbol), which is the order number. For non-cash payments, the Purchaser’s obligation to pay the Purchase Price for the goods is considered fulfilled at the moment the appropriate sum is received on the Vendor’s Account.
4.7 The Vendor shall supply the Purchaser with a tax document – invoice – following payment of the price of the goods/services.
5. Rights arising from defective performance
5.1 The rights and obligations of the contractual parties arising from defective performance are governed by relevant generally binding regulations (in particular § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of Act no. 89/2012 Coll., the Civil Code).
5.2 The Vendor is liable to the Consumer for the defect-free condition of the goods upon their receipt of the goods. In particular, the Vendor is liable to the Consumer that at the time the Consumer received the goods:
• the goods have the properties the parties have stipulated, and in the absence of such a stipulations, then such properties which the Vendor or producer has described or which the Purchaser can expect from the goods in regard to the nature of the goods
• that the goods are suitable for the purpose the Vendor states for their use, or which goods of this type are commonly used for
• the goods correspond to the quality or design of the agreed sample or model if such quality or design was determined on the basis of an agreed sample or model
• the goods are of the appropriate amount, measurement or weight and
• the goods meet the requirements of legal regulations.
5.3 If the goods do not have the above detailed properties, the Consumer may ask for new defect-free goods unless this is disproportionate to the nature of the defect, however if the defect only concerns a component of the goods, the Consumer may then only ask for a replacement of that component part; if this is impossible then the Consumer can withdraw from the contract. If, however, it is disproportionate to the nature of the defect, especially where the defect can be removed without undue delay, then the Consumer is entitled to have the defect removed free of charge. The Consumer has the right to the delivery of new goods or replacement of components even in the case of a removable defect if the goods cannot be duly used due to repeated occurrence of the defect after repair, or if there is a larger number of defects. In such cases, the Consumer is entitled to withdraw from the Contract.
5.4 If the Consumer does not withdraw from the Purchase Contract, or does not exercise his or her right to the delivery of new defect-free goods, the replacement of a component part or the repair of the goods, the Consumer may ask for a reasonable discount. The Consumer is also entitled to a reasonable discount where the Vendor is unable to supply him or her with new defect-free goods, replace its component part or repair the goods, as well as where the Vendor fails to provide for a remedy within a reasonable time or where such a remedy would cause substantial difficulties to the Consumer.
5.5 The Purchaser shall not have the right arising from a defective performance if the Purchaser was aware prior to receiving the goods that the goods had a defect, or if the defect was caused by the Purchaser him- or herself.
5.6 The Purchaser is entitled to exercise their rights for defects which occur to consumer goods within a period of 24 months from receipt. If a defect occurs within six months from receipt, it is considered that the goods were already defective when received.
5.7 Following receipt, the Vendor is not liable for damage caused by inappropriate storage or handling of the goods by the Purchaser. Only demonstrable sensory defects to wine quality shall be recognised, and only upon return of most of the contents of the bottle. The goods should be stored in a cool environment out of direct sunlight.
5.8 The rights arising from defective performance are asserted by the Purchaser against the Vendor at the address of its premises, where returns can be accepted with regard to the range of goods sold, or also from the Vendor’s headquarters. The Purchaser can make a return in person at the supply site at the address Sokolovská 671 or Zámecká 30 in Veselí nad Moravou, or the claimed goods can be sent by transportation service to the address Sokolovská 671, 698 01 Veselí nad Moravou.
5.9 The Purchaser must inform the Vendor immediately after discovering the defect of their claim on the goods by e-mail to email@example.com, or by using the claim form available at the address www.dogindock.com.
5.10 The customer enquire on the status of their claim by e-mailing: firstname.lastname@example.org
5.11 If purchasing services – wine tasting, a booking of a wine tasting can be cancelled 24 hours in advance without paying a cancellation fee. For bookings cancelled less than 24 hours prior to the services being utilised, we charge a cancellation fee of 100 % of the total price of the tasting. Cancelled tasting bookings must be reported by e-mail to email@example.com.
6. Transportation and delivery of goods
6.1 The Purchaser is obliged to take receipt of the goods upon delivery. If the Purchaser does not take receipt of the goods upon delivery, the Vendor is entitled to ask for a storage charge, and is also entitled to withdraw from the Purchase Contract. If the Purchaser does not take receipt of the goods upon delivery, the Vendor is also entitled to demand the costs for undertaking delivery to the agreed delivery point from the Purchaser at its true cost, and the Vendor is also entitled to withdraw from the Purchase Contract.
6.2 The Purchaser is required to pay the Vendor costs related to repeated delivery of the goods, or costs related to any other than the originally agreed delivery method.
6.3 Upon receipt, the Purchaser is required to check the goods package has not been breached, and in the event of any defect to immediately inform the carrier of this fact. If a breach of the package is found suggesting it has been wrongfully tampered with, the Purchaser does not need to take receipt of the package from the carrier. By signing the delivery note, the Purchaser confirms that the goods consignment has fulfilled all terms and conditions, and any later claim made regarding a breach of the package will be dismissed.
6.4 Transport is provided by Messenger.
6.5 In general, goods are delivered within five working days from receipt of a cash-free payment on the Vendor’s account. The Vendor is not liable to the Purchaser for damage caused by late delivery of goods where the reason is the fault of the carrier.
6.6 Parties’ other rights and obligations in the transportation of the goods may be governed by the delivery terms and conditions of the Vendor.
6.7 If the goods delivered are alcohol, these goods will only be handed over to persons over 18 years of age, and the Vendor or carrier is entitled to verify this fact. If the Purchaser cannot demonstrate that they are older than 18 years of age, goods containing alcoholic drinks shall not be handed over to them.
6.8 Services – wine tasting – will be provided by the Vendor at the site agreed in the Purchase Contract, or detailed in the ticket for the tasting sent to the Purchaser to the Purchaser’s electronic mail address stated in the user interface or in the order.
7. Other rights and obligations of the contractual parties
7.1 Kupující nabývá vlastnictví ke zboží až zaplacením celé částky sjednané Kupní ceny.
7.1 The Purchasers acquires ownership of the goods following payment of the full agreed Purchase Price.
7.2 The Purchaser acknowledges that the software and other components comprising the online store web interface (including photographs of products offered) are copyright-protected. The Purchaser undertakes not to engage in any activity which could allow them or a third party to impinge upon or use without authorisation the software or other components comprising the online store web interface.
7.3 The Purchaser is not entitled to use mechanisms, software or other methods when using the online store web interface which might have a negative impact on the operation of the store’s web interface. The online store web interface can only be used to an extent which is not to the detriment of the rights of the Vendor’s other customers, and which is in accordance with its intended purpose.
7.4 The Purchaser hereby assumes the risk of a change in circumstances as defined in § 1765 para. 2 of the Civil Code.
7.5 The Purchaser hereby gives his or her consent to the Vendor to deliver to the electronic mail address given when concluding the Purchase Contract with the Vendor.
8. Final provisions
8.1 If the Consumer as Purchaser believes that his or her rights have been breached, they can address their complaint to the Vendor at the e-mail address firstname.lastname@example.org with the potential for settling the matter out of court.
8.2 If the contractual relationship established through the Purchase Contract has an international component, then the Parties agree that the contractual relationship shall be governed by Czech law, with this provision not affecting the Consumer’s rights arising from generally binding laws.
8.3 These Terms and Conditions of Sale are displayed at the online store website, allowing for their archival and reproduction by the Purchaser. The Terms and Conditions of Sale apply to the extent and wording as given in the online store at the time the order is sent by the Purchaser. By sending an order, the Purchaser confirms to the Vendor that he or she is acquainted with these Terms and Conditions of Sale and consents to them. The Purchaser has been duly informed of these Terms and Conditions of Sale prior to making their order and he or she has had the opportunity to read them.
8.4 Rights and obligations not expressly covered in these Terms and Condition of Sale are governed by the relevant provisions of the Civil Code. The contractual relationship between the Purchaser and the Vendor are governed by the Terms and Conditions of Sale effective at the moment the Purchase Contract is concluded.
8.5 If any of the provisions of these Terms and Conditions of Sale are invalid or ineffective, or they become so, then provisions which are as close as possible in meaning to the invalid provisions apply in place of the invalid provisions. Any invalid or ineffective provisions do not affect the validity of the other provisions.
8.6 The Vendor informs the Purchaser that the entity having jurisdiction in regard to the out-of-court settlement of consumer disputes is the Czech Trade Inspection Authority, whose website is as follows: http://www.coi.cz/.
Terms and Condition of Sale as of 1. 8. 2018