Terms and conditions

Contents:

1. INTRODUCTION
2. USER ACCOUNT
3. CONCLUSION OF PURCHASE AGREEMENT
4. PRICE OF GOODS AND PAYMENT TERMS
5. WITHDRAWAL FROM PURCHASE AGREEMENT
6. SHIPPING AND DELIVERY OF GOODS
7. RIGHTS FROM DEFECTIVE PERFORMANCE
8. ADDITIONAL RIGHTS AND OBLIGATIONS OF CONTRACTING PARTIES
9. PROTECTION OF PERSONAL DATA AND SENDING COMMERCIAL COMMUNICATIONS
10. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
11. DELIVERY
12. FINAL PROVISIONS


TERMS AND CONDITIONS

of the business company
ELIHER s.r.o.

with its registered office at Fáblovka 403, Pardubice – Staré Hradiště, Postal Code 533 52, Czech republic

Identification number: 25948024

The company is registered in the Commercial Register maintained by the Regional Commercial Court in Hradec Králové, Section C, Insert 16841, represented by Mr. Ivo Hermann, Managing Director

for the sale of goods through the online store located at the website address www.vinodi.cz

 

1. INTRODUCTION
   1.1. These terms and conditions (the ""Terms and Conditions"") govern, in accordance with § 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (the ""Civil Code""), the mutual rights and obligations of the parties arising from or in connection with a purchase agreement concluded between the seller and another natural or legal person via the seller’s online store.
   
   1.2. The provisions of these Terms and Conditions are an integral part of the purchase agreement. The seller may modify or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the effective period of the previous wording of the Terms and Conditions.
   
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 buyer can make orders for goods. The buyer can also order goods without registration directly from the online store interface.
   
   2.2. When registering on the website and when ordering goods, the buyer is obliged to provide all information correctly and truthfully. The information provided by the buyer in the user account and when ordering goods is considered correct by the seller.
   
   2.3. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their user account and acknowledges that the seller is not responsible for the breach of this obligation by the buyer.
   
   2.4. The seller may cancel a user account, especially if the buyer has not used their user account for more than 36 months or if the buyer breaches their obligations under the purchase agreement (including the Terms and Conditions).
   
   2.5. The buyer acknowledges that the user account may not be available continuously, especially concerning the necessary maintenance of the seller's hardware and software, or necessary maintenance of third-party hardware and software.
   
   
3. CONCLUSION OF PURCHASE AGREEMENT
   3.1. All presentations of goods placed in the online store interface are informative and the seller is not obliged to conclude a purchase agreement regarding these goods. The provisions of § 1732(2) of the Civil Code do not apply.
   
   3.2. The online store interface contains information about the goods offered by the seller for sale, including the prices of the individual goods. The prices of the offered goods include VAT and all related charges. The prices remain valid as long as they are displayed in the online store interface. This provision does not limit the seller’s ability to conclude a purchase agreement under individually negotiated terms. All offers for the sale of goods placed in the online store interface are non-binding, and the seller is not obliged to conclude a purchase agreement for these goods.
   
   3.3. The online store interface also contains information about the costs associated with packaging and delivering the goods. The information on the costs associated with packaging and delivery of the goods listed in the online store interface applies only in cases where the goods are delivered within the territory of the Czech Republic.
   
   3.4. To order goods, the buyer completes the order form in the online store interface. The order form contains, in particular, information about:
   - the ordered goods and the quantity (the buyer ""inserts"" the ordered goods into the electronic shopping cart),
   - the method of payment of the purchase price of the goods, details about the required delivery method of the ordered goods, and
   - information on the costs associated with the delivery of the goods.
   
   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, even with respect to the buyer’s ability to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking the ""Place Order"" button. The information provided in the order is considered correct by the seller. The seller will promptly confirm receipt of the order to the buyer by email to the buyer's email address specified in the user account or in the order.
   
   3.6. The seller is always entitled, depending on the nature of the order (quantity of goods, the amount of the purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by phone).
   
   3.7. The contractual relationship between the seller and the buyer arises upon the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by email to the buyer’s email address.
   
   3.8. The buyer acknowledges that the seller is not obliged to conclude a purchase agreement, especially with persons who have previously substantially violated the purchase agreement (including the Terms and Conditions).
   
   3.9. The buyer agrees to the use of remote communication means in concluding the purchase agreement. The costs incurred by the buyer when using remote communication means in connection with concluding the purchase agreement (internet connection costs, telephone costs) are borne by the buyer.
   
   3.10. Purchases and access to websites offering alcoholic beverages may only be made by persons over the age of 18. Purchase and access by younger persons are prohibited.
   
   3.11. At the time of receiving alcoholic beverages, an employee at the store or a delivery driver may request the presentation of an ID card or passport to verify that the person receiving the alcohol is over 18 years of age. If age verification is not possible or it is found that the person receiving the goods is under 18 years of age, Eliher s.r.o. has the right to withdraw from the contract (in accordance with point 5.9 of these Terms and Conditions).
   
   
4. PRICE OF GOODS AND PAYMENT TERMS
   4.1. The price of the goods and any costs associated with the delivery of the goods under the purchase agreement can be paid by the buyer to the seller in the following ways:
   - In cash or by card at Fáblovka 403, Pardubice – Staré Hradiště, ZIP code 533 52,
   - In cash or by card on delivery at the place designated by the buyer in the order, when using delivery services like Messenger and Zásilkovna,
   - Cashless transfer to the seller’s account no. 2107929679/2700,
   - Cashless via a payment gateway on the website,
   - Apple Pay, Google Pay, fast bank payment - all within the website,
   - Cash on delivery in Pardubice and the surrounding area.
   
   4.2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivering the goods at the agreed rate. Unless explicitly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
   
   4.3. The costs associated with packaging and delivering the goods are listed in the website's ""Shipping and Delivery"" section and the order form.
   
   4.4. In the case of payment in cash or payment on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is due within 10 days of concluding the purchase agreement.
   
   4.5. In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods, including the variable symbol of payment. In the case of cashless payment, the buyer’s obligation to pay the purchase price is fulfilled when the appropriate amount is credited to the seller’s account.
   
   4.6. The seller is entitled, especially if the buyer does not additionally confirm the order, to require payment of the entire purchase price before sending the goods to the buyer. The provisions of § 2119(1) of the Civil Code do not apply.
   
   4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined.
   
   4.8. The seller issues a tax document – an invoice – to the buyer based on the purchase agreement. The seller is a VAT payer. The tax document – the invoice – is issued by the seller to the buyer after the purchase price has been paid and sent to the buyer together with the goods or in electronic form to the buyer’s email address.
   
5. WITHDRAWAL FROM PURCHASE AGREEMENT
   5.1. The buyer acknowledges that, under § 1837 of the Civil Code, it is not possible, among other things, to withdraw from a purchase agreement for the delivery of goods that have been modified according to the buyer’s wishes or for their person, from a purchase agreement for the delivery of goods that are perishable, as well as goods that have been irreversibly mixed with other goods after delivery, from a purchase agreement for the delivery of goods in a sealed package that the consumer has removed from the packaging and cannot be returned for hygienic reasons, and from a purchase agreement for the delivery of an audio or video recording or a computer program if the original packaging has been damaged.
   
   5.2. Unless it is a case mentioned in Article 5.1 or another case where it is not possible to withdraw from the purchase agreement, the buyer has the right to withdraw from the purchase agreement in accordance with § 1829(1) of the Civil Code, within fourteen (14) days of receiving the goods, provided that if the subject of the purchase agreement 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. Withdrawal from the purchase agreement must be demonstrably delivered to the seller within fourteen (14) days of receiving the goods to the seller's address.
   
   5.3. In the event of withdrawal from the contract under Article 5.2 of the Terms and Conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller within (14) fourteen days from the withdrawal from the purchase agreement, complete, undamaged, unused, and in the original packaging. If the buyer withdraws from the purchase agreement, the buyer bears the costs associated with returning the goods to the seller, even in the case when the goods cannot be returned by their usual postal route due to their nature.
   
   5.4. Within ten (10) days of returning the goods by the buyer under Article 5.3 of the Terms and Conditions, the seller is entitled to examine the returned goods, in particular, to determine whether the returned goods are not damaged, worn, or partially consumed.
   
   5.5. In the event of withdrawal from the contract under Article 5.2 of the Terms and Conditions, the seller returns the purchase price after deducting the costs incurred for delivering the goods to the buyer no later than fourteen (14) days from the withdrawal from the purchase agreement, cashless to the account designated by the buyer. The seller is also entitled to return the purchase price (after deducting the costs incurred for delivering the goods) to the buyer in cash already upon the return of the goods by the buyer.
   
   5.6. The seller is entitled to unilaterally offset the claim for compensation for damage to the goods against the buyer’s claim for a refund of the purchase price.
   
   5.7. Until the goods are taken over by the buyer, the seller is entitled to withdraw from the purchase agreement at any time. In such a case, the seller returns the purchase price to the buyer without undue delay, cashless to the account designated by the buyer.
   
   5.8. If a gift is provided to the buyer together with the goods, a gift agreement between the seller and the buyer is concluded with a resolutory condition that if the buyer withdraws from the purchase agreement, the gift agreement regarding such a gift ceases to be effective, and the buyer is obliged to return the provided gift to the seller together with the goods.
   
   5.9. When purchasing and subsequently picking up alcoholic beverages, Eliher s.r.o., or another carrier, may require the presentation of an ID card or other identification document to verify that you are over 18 years old. If such a document is refused or you are under 18 years old, the seller has the right to automatically withdraw from the contract. Any funds will be returned in the same way the payment was made.
   
6. SHIPPING AND DELIVERY OF GOODS
   6.1. For items with any side length over 175 cm, delivery costs will be calculated individually. The maximum circumference length is 300 cm (2x width + 2x height + 1x length).
   
   6.2. The method of delivery of goods is determined by the seller unless otherwise agreed in the purchase agreement. If the delivery method is agreed upon at the buyer's request, the buyer bears the risk and any additional costs associated with this method of delivery.
   
   6.3. If the seller is obliged to deliver the goods to the location specified by the buyer in the order under the purchase agreement, the buyer is obliged to take over the goods upon delivery.
   
   6.4. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a manner other than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.
   
   6.5. When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods, and in case of any defects, immediately notify the carrier. If any breach of the packaging indicating unauthorized entry into the shipment is discovered, the buyer may not take over the shipment from the carrier. By signing the delivery note, the buyer confirms that the goods shipment met all the conditions and requirements and that any later complaint about a breach of the shipment packaging will not be considered.
   
   6.6. Further rights and obligations of the parties during the transport of goods may be regulated by the seller's special delivery terms, if issued by the seller.
   
   6.7. Shipping outside the Czech Republic will be calculated individually.
   
7. RIGHTS FROM DEFECTIVE PERFORMANCE
   7.1. The rights and obligations of the parties regarding rights from defective performance are governed by applicable generally binding regulations (particularly the provisions of §§ 1914 to 1925, §§ 2099 to 2117, and §§ 2161 to 2174 of the Civil Code).
   
   7.2. The seller is responsible to the buyer for ensuring that the goods are free from defects upon receipt. In particular, the seller is responsible to the buyer for ensuring that at the time the buyer took over the goods:
   - The goods have the properties agreed upon by the parties, and if there is no agreement, they have the properties that the seller or manufacturer described or that the buyer expected given the nature of the goods and based on the advertising they carried out,
   - The goods are suitable for the purpose stated by the seller for their use or for which goods of this type are usually used,
   - The goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to an agreed sample or model,
   - The goods are in the appropriate quantity, measure, or weight, and
   - The goods comply with legal requirements.
   
   7.3. The provisions of Article 7.2 of the Terms and Conditions do not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear caused by normal use, for used goods for a defect corresponding to the level of use or wear the goods had when taken over by the buyer, or if it results from the nature of the goods.
   
   7.4. If a defect manifests itself within six months of receipt, it is assumed that the goods were defective upon receipt.
   
   7.5. The buyer exercises rights from defective performance with the seller at the address of the seller’s premises where it is possible to accept the complaint concerning the assortment of goods sold, or possibly also at the seller's registered office or place of business. The moment a complaint is made is considered to be the moment when the seller received the claimed goods from the buyer.
   
   7.6. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.
   
   
8. ADDITIONAL RIGHTS AND OBLIGATIONS OF CONTRACTING PARTIES
   8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
   
   8.2. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of § 1826(1)(e) of the Civil Code.
   
   8.3. The seller handles out-of-court settlements of consumer complaints through the email address obchod@vinodi.cz. The seller sends information about the handling of the buyer’s complaint to the buyer’s email address.
   
   8.4. The seller is authorized to sell goods based on a trade license. The trade license inspection is carried out within the scope of its competence by the relevant trade office. Supervision of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, within the defined scope, supervision of compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
   
   8.5. The buyer assumes the risk of a change in circumstances within the meaning of § 1765(2) of the Civil Code.
   
   
9. PROTECTION OF PERSONAL DATA AND SENDING COMMERCIAL COMMUNICATIONS
   9.1. Protection of the buyer's personal data, who is a natural person, is provided by Act No. 110/2019 Coll., on the Processing of Personal Data, as amended.
   
   9.2. The buyer agrees to the processing of their personal data: name and surname, residential address, identification number, tax identification number, email address, and telephone number.
   
   9.3. The buyer agrees to the processing of personal data by the seller for the purposes of exercising rights and obligations under the purchase agreement and for the purpose of maintaining a user account. Unless the buyer chooses otherwise, they agree to the processing of personal data by the seller also for the purpose of sending information and commercial communications to the buyer. Consent to the processing of personal data in its entirety under this article is not a condition that would in itself prevent the conclusion of a purchase agreement.
   
   9.4. The buyer acknowledges that they are obliged to provide their personal data (during registration, in their user account, when ordering from the online store interface) correctly and truthfully and that they are obliged to inform the seller without undue delay about a change in their personal data.
   
   9.5. The seller may assign the processing of the buyer's personal data to a third party, as a processor. Apart from persons transporting goods, personal data will not be provided by the seller to third parties without the prior consent of the buyer.
   
   9.6. Personal data will be processed for an indefinite period. Personal data will be processed electronically in an automated manner or in printed form in a non-automated manner.
   
   9.7. The buyer confirms that the provided personal data are accurate and that they were advised that the provision of personal data is voluntary. The buyer declares that they were informed that consent to the processing of personal data can be withdrawn in relation to the seller by written notification delivered to the seller's address.
   
   9.8. If the buyer believes that the seller or processor (Article 9.5) is processing their personal data in a manner that is inconsistent with the protection of the buyer’s private and personal life or in violation of the law, especially if the personal data are inaccurate with regard to the purpose of their processing, the buyer may:
   - request an explanation from the seller or processor,
   - demand that the seller or processor eliminate the resulting situation.
   
   9.9. If the buyer requests information about the processing of their personal data, the seller is obliged to provide this information. The seller has the right to demand a reasonable payment not exceeding the costs necessary for providing the information for providing information under the previous sentence.
   
   
10. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
    10.1. The buyer agrees to the sending of information related to the goods, services, or business of the seller to the buyer’s email address and further agrees to the sending of commercial communications by the seller to the buyer’s email address.
    
    10.2. The buyer agrees to the storage of cookies on their computer. If the purchase on the website can be made and the seller’s obligations under the purchase agreement can be fulfilled without the storage of cookies on the buyer’s computer, the buyer may withdraw consent under the previous sentence at any time.
    
    
11. DELIVERY
    11.1. Unless agreed otherwise, all correspondence related to the purchase agreement must be delivered to the other contracting party in writing, by email, personally, or by registered post via a postal service provider (at the sender's option). The buyer is delivered to the email address specified in their user account.
    
    11.2. A message is delivered:
    - In the case of delivery by email, at the moment of its receipt on the incoming mail server; the integrity of messages sent by email can be ensured by a certificate,
    - In the case of delivery in person or through a postal service provider, upon receipt of the shipment by the addressee,
    - In the case of delivery in person or through a postal service provider, also by refusing to accept the shipment if the addressee (or a person authorized to accept the shipment on their behalf) refuses to accept the shipment,
    - In the case of delivery via a postal service provider, after a period of ten (10) days from the storage of the shipment and the issuance of an invitation to the addressee to pick up the stored shipment if the shipment is stored at the postal service provider, even if the addressee did not learn about the storage.
    
    
12. FINAL PROVISIONS
    12.1. If a relationship established by the purchase agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.
    
    12.2. If any provision of the Terms and Conditions is invalid or ineffective, or if it becomes so, a provision whose meaning is as close as possible to the invalid provision shall be substituted instead. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Amendments and supplements to the purchase agreement or the Terms and Conditions require written form.
    
    12.3. The purchase agreement, including the Terms and Conditions, is archived by the seller in electronic form and is not accessible.
    
    12.4. Seller’s contact details: address for delivery: Fáblovka 403, Pardubice – Staré Hradiště, ZIP code 533 52, email address: obchod@vinodi.cz, phone: +420 466 799 440.
    
    These terms are effective from January 1, 2023.
    
    
    e-shop VINODI
    Ivo Hermann – Owner