Terms and Conditions of the EREBOSDRINK.CZ shop
of the commercial company White s.r.o.
with its registered office in Frýdek-Místek, Nádražní 1088, 73801
registered in the Commercial Register kept by the Regional Court in Ostrava, Section C, Insert 64065,
for the sale of goods through an online shop at www.erebosdrink.cz
I. Introductory Provisions
These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) of the commercial company White s.r.o., with its registered office in Frýdek-Místek, Nádražní 1088, 73801, RN: 04550871, registered in the Commercial Register kept by the Regional Court in Ostrava, Section C 64065, (hereinafter referred to as the “Seller”) regulate, in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”), mutual rights and obligations of the Contracting Parties arising in connection with or on the basis of a Purchase Contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) through the Seller’s online shop. The online shop is operated by the Seller on a Website at www.erebosdrink.cz (hereinafter referred to as the “Website”) via the interface of the Website (hereinafter referred to as the “Web Interface of the Shop”).
Provisions deviating from the Terms and Conditions can be agreed in the Purchase Contract. Deviating provisions in the Purchase Contract take precedence over the provisions of the Terms and Conditions.
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 Czech. The Purchase Contract can be concluded in Czech.
The wording of the Terms and Conditions may be changed or amended by the Seller. This provision shall not affect the rights and obligations arising during the effective date of the previous version of the Terms and Conditions.
The Buyer can be a consumer or an entrepreneur.
Pursuant to the provisions of Section 419 of the Civil Code, a consumer is any natural person who, outside their trade, business or profession, enters into a contract or has other dealings with the Seller.
Pursuant to the provisions of Section 420 of the Civil Code, an entrepreneur is a person who, on their own account and responsibility, independently carries out a gainful activity in the form of a trade or in a similar manner with the intention of doing so consistently for the purpose of making a profit. Any person who enters into contracts related to their own commercial, production or similar activities or within their trade, business or profession, or a person who acts on behalf of an entrepreneur, is considered to be an entrepreneur. Pursuant to Section 421, a person registered in the Commercial Register is also considered to be an entrepreneur, and a person who is authorised to conduct their business activities on the basis of a trade or another licence under another statute is also presumed to be an entrepreneur.
By concluding the Purchase Contract, the Buyer declares to have read, understood and to agree with the current version of these Terms and Conditions at each individual conclusion of the Purchase Contract.
II. User Account
Based on the Buyer’s registration on the Website, the Buyer can access their user interface. The Buyer can order goods from the user interface (hereinafter referred to as the “User Account”). If the Web Interface of the Shop allows it, the Buyer can also order goods without registration directly from the Web Interface of the Shop.
When registering on the Website and when ordering goods, the Buyer is obliged to state all data correctly and truthfully. The Buyer is obliged to update the data specified in the User Account in the event of any change. The data provided by the Buyer in the User Account and when ordering goods is considered correct by the Seller.
Access to the User Account is secured by a username and a password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their User Account.
The Buyer is not entitled to allow the use of the User Account to third parties.
The Seller may terminate the User Account, especially if the Buyer does no longer use the User Account, or if the Buyer violates their obligations under the Purchase Contract (including the Terms and Conditions).
The Buyer acknowledges that the User Account may not be available 24/7, especially with regard to the necessary maintenance of the hardware and software of the Seller, or necessary maintenance of the third-party hardware and software.
III. Conclusion of the Purchase Contract
The entire presentation of goods in the Web Interface of the Shop is of an informative nature and the Seller is not obliged to enter into a Purchase Contract regarding these goods. Provisions of Section 1732 (2) of the Civil Code shall not be applied.
The Web Interface of the Shop contains information about the goods, including the prices of individual goods. The prices of the goods are listed including value added tax and all related fees. The prices of the goods remain valid as long as they are displayed in the Web Interface of the Shop. This provision does not limit the opportunity of the Seller to conclude a Purchase Contract under individually agreed conditions.
The Web Interface of the Shop also contains information on the costs associated with the packaging and delivery of the goods. The information on costs associated with the packaging and delivery of the goods listed in the Web Interface of the Shop is valid only in cases where the goods are delivered within the territory of the Czech Republic.
To order goods, the Buyer fills in the order form in the Web Interface of the Shop. The order form contains mainly information about:
ordered goods (the ordered goods are added into the electronic shopping cart of the Web Interface of the Shop by the Buyer),
method of payment of the purchase price, information on the required method of delivery of the ordered goods and
information on costs associated with the delivery of the goods (hereinafter collectively referred to as the “Order”).
Before sending the Order to the Seller, the Buyer is allowed to check and change the data entered in the Order, even with regard to the Buyer’s opportunity to detect and correct errors made when entering data into the Order. The Buyer sends the Order to the Seller by clicking on the “ORDER” button. The data provided by the Buyer in the Order is considered correct by the Seller.
Sending an Order is considered to be an act of the Buyer that unequivocally identifies the ordered goods, the purchase price, the Buyer, the method of payment of the purchase price, and is a binding draft of the Purchase Contract for the Contracting Parties. The condition for the validity of the Order is the completion of all mandatory data in the order form, acquaintance with these Terms and Conditions on the Website and confirmation of the Buyer that they have read these Terms and Conditions.
Immediately after receiving the Order, the Seller shall confirm this to the Buyer’s E-mail Address specified in the user interface or in the Order (hereinafter referred to as the “Buyer’s E-mail Address”).
Depending on the nature of the Order (quantity of goods, purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the Order (for example in writing or by telephone).
The draft Purchase Contract in the form of an Order is valid for fifteen days.
The contractual relationship between the Seller and the Buyer arises with the delivery of the acceptance of the Order, which the Seller sends to the Buyer’s E-mail Address.
In the event that any of the requirements specified in the Order cannot be met by the Seller, the Seller shall send an amended offer to the Buyer’s E-mail Address, stating possible variants of the Order, and request the Buyer’s opinion.
The amended offer is considered a new draft of the Purchase Contract and, in such a case, the Purchase Contract is concluded only by the Buyer’s acceptance via e-mail.
The Buyer agrees to the use of means of distance communication when concluding the Purchase Contract. The costs incurred by the Buyer in the use of means of distance communication in connection with the conclusion of the Purchase Contract (costs of Internet connection, costs of telephone calls) shall be borne by the Buyer themselves, and these costs do not differ from the basic rate.
IV. Price of Goods and Payment Terms
The price of the goods and any costs associated with the delivery of goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways:
cash on delivery at the place specified by the Buyer in the Order;
cashless transfer to the Seller’s Account No. 2701043723/2010, with FIO Banka (hereinafter referred to as the “Seller’s Account”);
cashless payment through the system of ComGate Payments a.s.
Along with the purchase price, the Buyer is obliged to pay for the costs associated with packaging and delivery of the goods in the agreed amount to the Seller. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
The Seller does not require a deposit or other similar payment from the Buyer. This does not affect the provisions of Article 6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
In the case of payment in cash or in the case of cash on delivery, the purchase price is payable upon receipt of the goods. In the case of a cashless payment, the purchase price is payable within 14 days of concluding the Purchase Contract.
In the case of a cashless payment, the Buyer is obliged to pay the purchase price of the goods while stating a variable symbol of the payment. In the case of a cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller’s Account.
The Seller is entitled, especially in the event that the Buyer does not provide additional confirmation of the Order (Article 8), to demand payment of the full purchase price before sending the goods to the Buyer. Provisions of Section 2119 (1) of the Civil Code shall not be applied.
Any discounts on the price of the goods provided by the Seller to the Buyer cannot be combined with one another.
If this is customary in business relations or if stipulated so by generally binding legal regulations, the Seller shall issue a tax document – an invoice – to the Buyer regarding payments made on the basis of the Purchase Contract. The Seller is VAT registered. The tax document – invoice shall be issued by the Seller to the Buyer after payment of the price of the goods and will be sent in an electronic form to the Buyer’s E-mail Address.
After sending the Order, the payer may use the ePlatba+ service, which redirects them to their internet banking. The payer then sends the Payment via the internet banking. The Seller shall dispatch the goods immediately upon receipt of confirmation of payment. Money transfers are made through the account of ComGate Payments a.s.
Sensitive input data entered into the internet banking system is protected by bank payment gateways and is not transferred into the environment of third parties. Payment processors only see the information about the transaction which the bank communicates to them with the sent transaction.
By concluding the Purchase Contract, the Buyer gives the Seller consent to the processing of their contact details until the Buyer’s written expression of disagreement with this processing. The contact details that the Buyer provides when ordering are used exclusively for our needs and will not be provided to other entities with the exception of payment processors.
The payer can use online card payment to pay for the Order. A standard payment gateway is displayed on the first payment, where the payer enters the payment card details and 3-D Secure authentication details, ensuring the highest possible level of security. Card data will be stored on the bank’s end. If a registered payer makes another Order, only a short notification (payment in progress) is displayed after confirmation of the Order, followed by the e-shop displaying the result of the payment; the payer is no longer rerouted to the payment gateway.
V. Withdrawal from the Purchase Contract
This Article applies only in cases where the Buyer is a consumer. If the Buyer is not a consumer, they may withdraw from the Purchase Contract under conditions agreed in writing with the Seller, or if provided so by law.
The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not also possible to withdraw from the Purchase Contract:
for the supply of goods the price of which depends on financial market fluctuations which are beyond the Seller’s control and which may occur during the withdrawal period;
for the supply of alcoholic beverages which can only be delivered after thirty days and the price of which depends on financial market fluctuations which are beyond the Seller’s control;
for the supply of goods which were customized at the request of the Buyer or personalized for them;
for the supply of perishable goods, as well as goods which were irreversibly mixed with other goods after delivery;
for the supply of sealed goods which were unsealed after delivery by the Buyer and which are not suitable for return due to hygienic reasons;
for the supply of audio or video recordings or a computer software if their original packaging was unsealed;
for the supply of newspapers, periodicals or magazines;
for the supply of digital content which is not delivered on a tangible medium if it was supplied with the prior express consent of the Buyer before the expiry of the period for withdrawal and the Seller informed the Buyer before concluding the Contract that the Buyer shall thereby lose the right of withdrawal.
If it is not a case referred to in Article 1 or another case where it is not possible to withdraw from the Purchase Contract, the Buyer has the right to withdraw from the Purchase Contract within fourteen (14) days from the receipt of the goods in accordance with the provisions of Section 1829 (1) of the Civil Code; in the event that the subject of the Purchase Contract is several types of goods or the supply of several parts, this period begins on the date of receipt of the last supply of goods. Withdrawal from the Purchase Contract must be sent to the Seller within the period specified in the previous sentence.
To withdraw from the Purchase Contract, the Buyer can use the sample form provided by the Seller, which forms an annex to the Terms and Conditions. Withdrawal from the Purchase Contract may be sent by the Buyer to the address of the Seller’s premises or registered office. The provisions of Article 11 of these Terms and Conditions apply to the delivery of withdrawals from the Contract. The entrepreneur shall confirm the acceptance of the withdrawal to the consumer in writing without undue delay.
In the event of withdrawal from the Purchase Contract pursuant to Article 2 of the Terms and Conditions, the Purchase Contract shall be cancelled with effect from the beginning. The goods must be returned to the Seller within fourteen (14) days of delivering the withdrawal from the 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 by regular mail due to its nature.
In the event of withdrawal from the Contract pursuant to Article 2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of withdrawal from the Purchase Contract by the Buyer in the same way the Seller received them from the Buyer. The Seller is also entitled to return the payment provided by the Buyer at the moment the goods are returned by the Buyer or in any other way if the Buyer agrees to it and does not incur additional costs due to it. 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 or proves to have sent the goods to the Seller.
The Seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the Buyer’s right to a refund of the purchase price.
Until the goods are taken over by the Buyer, the Seller is entitled to withdraw from the Purchase Contract at any time. In such a case, the Seller shall return the purchase price to the Buyer without undue delay via a cashless transfer to the account specified by the Buyer.
If a gift is provided to the Buyer together with the goods, a donation contract is concluded between the Seller and the Buyer, with the resolutive condition that if the Buyer withdraws from the Purchase Contract, the donation contract for such a gift ceases to be effective and the Buyer is obliged to return the gift as well.
VI. Transport and Delivery of Goods
If the deliver method is agreed on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this delivery method.
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.
In the event that it is necessary to deliver the goods repeatedly or in a way other than specified in the Order for reasons on the part of the Buyer, the Buyer is obliged to pay the costs associated with repeated delivery of goods, or costs associated with another delivery method.
Upon receipt of 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, to immediately notify the carrier. In case the packaging is found to be damaged, indicating unauthorized opening of the parcel, the Buyer does not have to take over the parcel from the carrier.
If the Buyer is in delay with taking over the goods, the Seller is entitled to charge the Buyer a storage fee of 10 CZK for each day the delay lasts, up to the price of the goods, and the Seller has the right to withdraw from the Contract at any time during the delay.
VII. Rights from Defective Performance
The rights and obligations of the Contracting Parties under the Purchase Contract regarding the Seller’s liability for defects are governed by the relevant generally binding regulations.
This paragraph applies only if the Buyer is not an entrepreneur. If the Buyer is not an entrepreneur:
If the received goods have deficiencies (e.g. do not have agreed or rightfully expected properties, are not suitable for the usual or agreed purpose, are not complete, do not correspond to its quantity, measure, weight, or the quality does not correspond to other legal, contractual or pre-contractual parameters), these are defects of goods for which the Seller is liable.
The Seller is not liable for defects caused by normal wear and tear or failure to follow the instructions for use. The Seller is not liable for defects due to which a lower price of the goods has been agreed. The Seller is not liable for defects that the goods already had when concluding the Purchase Contract and if it follows from the nature of the goods. The Seller is not liable for defects caused by the Buyer.
The Buyer is entitled to exercise the right from a defect that occurs within 24 months from the date of receipt of the goods. The period of the shortest shelf-life is marked on consumable things, and the time for which the thing can be used is marked on perishable goods. If the Buyer requests so, the Seller shall confirm the extent and duration of the obligations to the Buyer in writing in the event of defective performance.
If the goods do not have the required properties, the Buyer may request the delivery of a new part (if the defect concerns only this part) or new goods without defects. If this is not possible, the Buyer may withdraw from the Purchase Contract. However, if this is disproportionate due to the nature of the defect, the Buyer has the right to a free removal of the defect. If the Buyer does not exercise these rights, or if the Seller cannot deliver a new part (if the defect concerns only this part) or new goods without defects, the Buyer may request a reasonable discount.
The Buyer can file a complaint with the Seller at the address of the Seller’s premises, where the acceptance of the complaint is possible with regard to the range of the goods sold, or at the registered office or place of business. The moment when the Seller received the returned goods from the Buyer is considered to be the moment of filing the complaint. The Seller shall confirm the time when the Buyer’s right was exercised to the Buyer in writing, as well as the carrying out of the repair and its duration.
VIII. Other Rights and Obligations of the Contracting Parties
The Buyer acquires title to the goods by paying the full purchase price of the goods
In relation to the Buyer, the Seller is not bound by any codes of conduct in the sense of the provisions of Section 1826 (1)(e) of the Civil Code.
The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Praha 2, RN: 000 20 869, website: http://www.coi.cz, is responsible for the out-of-court settlement of consumer disputes arising from the Purchase Contract.
The Seller is entitled to sell goods on the basis of a trade certificate. Trade inspection is carried out by the relevant Trade Licensing Office within the scope of its competence. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. To a limited extent, the Czech Trade Inspection Authority exercises, among other things, the supervision of compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
The Buyer hereby takes on the risk of change in circumstances within the meaning of Section 1765 (2) of the Civil Code.
IX. Data Security and Protection
The Seller declares that all personal data is confidential, will be used only to perform the Contract with the Buyer, marketing events of the Seller (also those done with contractual partners of the Seller) and verification of creditworthiness, credibility and payment habits of the Buyer; based on this verification, the Seller can made a special offer to the Buyer. None of the personal data provided will be otherwise disclosed, provided to a third party, etc., except as noted below and the situation related to distribution or payment related to the ordered goods (communication of name, account number and delivery address), or special marketing events. The Seller shall ensure that the data subject’s rights are not affected, in particular the right to respect for human dignity, as well as ensure protection against unauthorized interference with the data subject’s private and personal life. All personal data that is provided voluntarily by the Buyer to the Seller for the purpose of fulfilling the Order, marketing events of the Seller, verification of the creditworthiness, credibility and payment habits of the Buyer is collected, processed and stored in accordance with applicable laws of the Czech Republic, especially Act No. 101/2000 Coll., on the Protection of Personal Data, as amended; this mainly concerns name, surname, address, date of birth and/or national ID number, telephone number, e-mail address, signature or biometric signature. The Buyer gives the Seller consent to the collection and processing of this personal data for the purpose of fulfilling the subject of the Purchase Contract, use for marketing purposes of the Seller (especially for sending commercial messages, including through third parties, telemarketing, SMS) and to verify the Buyer’s creditworthiness, credibility and payment habits, until the Buyer’s written expression of disagreement with this processing sent to White s.r.o., RN: 04550871, Nádražní 1088, Frýdek-Místek, 738 01. In this case, an electronic form is also considered a written expression, especially via an e-mail sent to email@example.com
The Buyer acknowledges that the personal data communicated for marketing purposes at www.erebosdrink.cz are provided to www.erebosdrink.cz voluntarily. The consent to the processing of personal data granted for marketing purposes to www.erebosdrink.cz is valid for a period of 7 years, but no later than the revocation of the consent by the Buyer. The Buyer can easily unsubscribe from commercial messages by contacting the Seller at firstname.lastname@example.org.
If the Buyer creates several user profiles with the same contact data provided, it is not possible to unsubscribe from commercial messages for all user profiles on the basis of automated processes due to technical reasons. In such a case, in order to unsubscribe from commercial messages for all user profiles, the Buyer must contact www.erebosdrink.cz by telephone or e-mail (email@example.com).
Furthermore, by concluding the Purchase Contract, the Buyer agrees that, in connection with the use of registers kept by Nikita Engine s.r.o., RN: 04180054 (hereinafter referred to as the “Scoring Company”), in order to assess the Buyer’s creditworthiness, credibility and payment habits for making a special offer by the Seller, even repeatedly, and to protect rights, www.erebosdrink.cz shall:
- obtain information on the Buyer’s creditworthiness, credibility and payment habits (including information on the nature and extent of any breach of previous obligations) from the Scoring Company to assess the suitability of the Buyer for receiving a special offer;
- collect, process and store the Buyer’s personal data to the extent necessary for making this special offer and providing subsequent performance of the concluded Contract;
- also provide the Buyer’s personal data to the Scoring Company for further processing in order to obtain information on the creditworthiness, payment habits and credibility of the Buyer from its registers;
- create an information file with the Buyer’s personal data from the Scoring Company, or also together with other personal data, and perform statistical evaluations of the Buyer’s creditworthiness, credibility and payment habits within this information set of personal data.
The conditions for the processing of personal data and the specifications of specific personal data, the processing of which the Buyer hereby consents, are contained here.
As part of the complaints procedure, the following information is required from customers: name, surname, address, telephone number, e-mail and signature or biometric signature. All personal data obtained in this way is processed exclusively for the purpose necessary for the settlement of the complaint and in accordance with Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.
The Buyer has the right to access their personal data and the right to its rectification, including the right to request an explanation and removal of the defective condition and other legal rights to this data.
www.erebosdrink.cz reserves the right to reject the Buyer’s Order created from a blocked IP address if this IP address is on the so-called blacklist in order to prevent criminal activity and minimize damage. In case of problems with the Order, the Buyer can contact www.erebosdrink.cz via e-mail.
www.erebosdrink.cz reserves the right to use anonymized data on the activity of users of web applications to improve its services.
X. Commercial Messages and Cookies
The Buyer agrees to the sending of information related to the goods, services or business of the Seller to the Buyer’s E-mail Address and to the sending of commercial messages to the Buyer’s E-mail Address by the Seller.
The Buyer agrees to the storage of so-called cookies on their computer. If it is possible to make a purchase on the Website and fulfil the Seller’s obligations under the Purchase Contract without storing so-called cookies on the Buyer’s computer, the Buyer may revoke the consent under the previous sentence at any time.
Notices concerning the relationship between the Seller and the Buyer, in particular regarding withdrawal from the Purchase Contract, must be delivered by post in the form of a recorded delivery, unless otherwise stipulated in the Purchase Contract. Notices shall be delivered to the relevant contact address of the other Contracting Party and shall be deemed to have been received and effective upon delivery by post, except for the notice of withdrawal by the Buyer where the withdrawal is effective if the notice is sent by the Buyer within the withdrawal period.
A notice which was refused to be accepted by the addressee, which was not collected during the deposit period or which was returned as undeliverable is also considered delivered.
The Contracting Parties may deliver ordinary correspondence to each other via e-mail to the e-mail address specified in the Buyer’s User Account or in the Order and to the address listed on the Seller’s Website.
XII. Final Provisions
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. This does not affect the consumer’s rights under generally binding legal regulations.
If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will be replaced by a provision the meaning of which is as close to the invalid provision as possible. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Changes and additions to the Purchase Contract or Terms and Conditions require a written form.
The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form, which is not accessible.
The sample form for the withdrawal from the Purchase Contract (available for download here) forms an annex to the Terms and Conditions.
Contact details of the Seller: delivery address: White s.r.o., Frýdek-Místek, Nádražní 1088, 73801, e-mail address: firstname.lastname@example.org
In Frýdek-Místek on 8 September 2016
These Terms and Conditions are valid from 8 September 2016