Terms and Conditions

TERMS AND CONDITIONS of the online shop Vinařství Hnidák Seller: Jaromír Hnidák Nová 97, Josefov, 696 21 IČO: 72517816 DIČ: CZ5605311965 E-mail: info@vinarstvihnidak.cz Phone: +420 608 376 123 (hereinafter referred to as the "Seller") These Terms and Conditions govern the mutual rights and obligations of the Seller and the customer (hereinafter referred to as the "Buyer") arising in connection with purchases made through the online shop Vinařství Hnidák at vinarstvihnidak.cz. 1. Introductory Provisions 1.1. These Terms and Conditions form an integral part of the purchase contract concluded between the Seller and the Buyer through the online shop. 1.2. The Buyer may be a consumer or a business entity. 1.3. A consumer is a natural person who, outside the scope of their business activities or outside the scope of the independent exercise of their profession, concludes a contract with the Seller or otherwise deals with them. 1.4. If the Buyer is a business entity and purchases in connection with their business activities, the provisions of these Terms and Conditions providing special protection to consumers shall not apply to the extent that legal regulations provide otherwise. 1.5. The online shop's offer includes mainly wine and other related products. Due to the sale of alcoholic beverages, special rules for their purchase apply as set out below. 2. Sale of Alcoholic Beverages – 18+ Only 2.1. Prohibition of Sale to Persons Under 18 Years of Age THE SALE OF ALCOHOLIC BEVERAGES TO PERSONS UNDER 18 YEARS OF AGE IS PROHIBITED. Alcoholic beverages may only be ordered and collected through the online shop by persons who have reached the age of 18. The Seller takes appropriate measures to ensure that the sale of alcoholic beverages to persons under 18 years of age is excluded. 2.2. Buyer's Confirmation If an order contains an alcoholic beverage, the Buyer confirms before completing it that: a) they have reached the age of 18, b) the information provided in the order is truthful, c) the alcoholic beverage will not be collected by a person under 18 years of age, d) they acknowledge the possibility of age verification upon delivery of the shipment, e) upon request, they will allow verification of their age in a manner corresponding to the chosen method of delivery. 2.3. Age Verification Upon Delivery The Seller is entitled to use a carrier that enables verification of the recipient's age for the delivery of alcoholic beverages. The carrier or other person handling the handover may require presentation of a valid document enabling verification that the recipient has reached the age of 18. If it is not possible to verify in the required manner that the recipient has reached the age of 18, the handover of alcoholic beverages may be refused. 2.4. Refusal of Handover A shipment containing alcoholic beverages may not be delivered in particular if: the recipient has not reached the age of 18, the recipient refuses the required age verification, the recipient's age cannot be reasonably verified, the recipient of the shipment is to be a person under 18 years of age, there is another legal reason preventing the handover of the alcoholic beverage. 2.5. False Confirmation of Age The Buyer is obliged to provide truthful information. If the Buyer falsely confirms in the order that they have reached the age of 18, such declaration does not establish a right to the handover of the alcoholic beverage. The Seller is entitled to refuse or cancel an order if there is reasonable suspicion that the conditions for the lawful sale of an alcoholic beverage are not met. 2.6. Costs Arising from the Buyer's Breach of Obligations If it is not possible to hand over the shipment due to the Buyer's breach of obligations, particularly due to false confirmation of majority, designation of a minor as the recipient, or refusal of the agreed age verification, the Seller is entitled to claim compensation for costs or damages from the Buyer to the extent permitted by legal regulations, provided that the legal conditions for such a claim are met. This provision is not a contractual penalty and does not limit the consumer's statutory rights, particularly the right to withdraw from the contract, if such right is available under the law. 3. Order and Conclusion of Purchase Contract 3.1. The presentation of goods in the online shop contains information about the offered goods and their price. 3.2. The Buyer selects the goods, the required quantity, the method of delivery and the method of payment, and fills in the information required by the order form. 3.3. Before sending the order, the Buyer has the opportunity to check and correct the entered information. 3.4. Before sending the order, the Buyer is provided with a summary of the order, the total price and any delivery costs. 3.5. By sending the order through a button clearly expressing the obligation to pay, the Buyer makes a binding order. 3.6. The Seller confirms receipt of the order electronically to the Buyer's e-mail address. 3.7. The Seller is entitled to request additional confirmation of the order from the Buyer before confirming it, particularly in case of unusual quantity of goods, obvious error, suspicion of system abuse, or other justified circumstances. 3.8. The Seller may refuse an order if they are unable to deliver the ordered goods, if an obvious technical or pricing error has occurred, or if fulfilling the order would violate legal regulations. 4. Prices 4.1. Prices stated in the online shop include VAT unless expressly stated otherwise. 4.2. The cost of delivery and any other selected services is displayed to the Buyer before binding submission of the order. 4.3. The total price of the order is displayed to the Buyer before sending it. 4.4. Details are provided on a separate page Prices and Payment Terms, which supplements these Terms and Conditions. Obvious Price Error If, as a result of a technical, administrative or other obvious error, a price is stated for goods that the Buyer knew or, taking into account all circumstances, should have known was obviously incorrect, the Seller is not obliged to deliver the goods at such an obviously incorrect price, if permitted by legal regulations. The Seller will inform the Buyer of the error without undue delay and offer them the option to order the goods at the correct price. 5. Payment Terms The currently available payment methods are always displayed to the Buyer during the ordering process. Details are provided on the Prices and Payment Terms page. 6. Delivery of Goods 6.1. Goods are delivered by methods offered in the online shop. 6.2. Available delivery options, their prices and any restrictions are displayed to the Buyer before completing the order. 6.3. The Buyer is obliged to provide complete and correct information necessary for delivery. 6.4. Detailed shipping conditions are set out in the Delivery Terms. 7. Obligation to Collect Properly Ordered Goods The Buyer is obliged to provide the cooperation necessary for proper delivery of the order. Mere failure to collect the shipment cannot automatically be considered proper withdrawal from the contract. If a consumer wishes to exercise their statutory right of withdrawal, they should clearly notify the Seller of their decision to withdraw from the contract. If the Buyer fails to provide cooperation in collecting the shipment without proper withdrawal or other legal reason and the Seller incurs demonstrable costs or damages as a result, the Seller may claim a corresponding right to the extent permitted by legal regulations. 8. Consumer's Withdrawal from Contract 8.1. In the case of a contract concluded via the internet, a consumer has the right to withdraw from the contract without giving reasons within 14 days, unless the law provides for an exception. 8.2. In the case of a purchase contract, the period generally begins to run from the day of receipt of the goods. 8.3. To comply with the deadline, it is sufficient if the consumer sends notification of withdrawal before its expiry. 8.4. Notification may be sent particularly to: info@vinarstvihnidak.cz or in writing to the address: Jaromír Hnidák, Nová 97, Josefov, 696 21. 8.5. The consumer may use a model withdrawal form, but this is not a condition for valid withdrawal. 8.6. The consumer shall send or hand over the goods to the Seller without undue delay, at the latest within 14 days of withdrawal, unless legal regulations provide otherwise. 8.7. Direct costs of returning the goods shall be borne by the consumer, unless the law or agreement with the Seller provides otherwise. 8.8. The Seller shall return to the consumer the received funds including delivery costs to the statutory extent and in the statutory manner. If the consumer has chosen a method of delivery other than the cheapest standard delivery method offered by the Seller, the Seller shall return delivery costs only up to the amount corresponding to the cheapest standard delivery method offered. 8.9. The Seller is not obliged to return funds before receiving the returned goods or until the consumer proves that they have sent the goods back, whichever occurs first. 8.10. The consumer is only liable to the Seller for diminution in the value of the goods resulting from handling the goods in a manner other than what was necessary to establish their nature and properties. Exceptions to the Right of Withdrawal The right of withdrawal does not apply in cases where the law excludes it. Any specific exception will only be applied if the statutory conditions for its application are met. 9. Claims and Rights from Defective Performance The Buyer's rights from defective performance are governed by applicable legal regulations. A detailed and customer-friendly procedure is set out on the Claims page. The provisions of the complaints procedure do not limit the rights granted to consumers by legal regulations. 10. Damage to Shipment During Transport We recommend that the Buyer check the condition of the transport packaging upon receipt. If the shipment is visibly damaged, we recommend recording the damage with the carrier and, if possible, taking photographs. Failure to inspect upon receipt does not in itself deprive the consumer of statutory rights from defective performance. Details are contained in the Delivery Terms and the Claims page. 11. Personal Data Protection Personal data are processed to the extent necessary particularly for processing the order, fulfilling the contract, complying with legal obligations and protecting the legitimate rights of the Seller. Detailed information is provided in the separate Privacy Policy. Personal data obtained in connection with the sale of alcoholic beverages are processed in accordance with the special requirements of legal regulations. 12. Cookies The use of cookies and similar technologies is governed by the Cookie Policy. Visitors can manage their choices through Cookie Settings. 13. Out-of-Court Resolution of Consumer Disputes The competent authority for out-of-court resolution of consumer disputes arising from the purchase contract is: Česká obchodní inspekce Ústřední inspektorát – oddělení ADR Štěpánská 796/44 110 00 Praha 1 Website: coi.gov.cz The consumer should first attempt to resolve the dispute directly with the Seller. 14. Final Provisions 14.1. Legal relations between the Seller and the Buyer are governed by the legal order of the Czech Republic. This does not affect the consumer's rights arising from mandatory legal regulations applicable to them. 14.2. If any provision of these Terms and Conditions is invalid or ineffective, this fact does not in itself affect the other provisions. 14.3. The Seller may reasonably amend the Terms and Conditions. For a specific order, the wording effective at the time of conclusion of the relevant contract shall apply, unless otherwise provided by legal regulations. 14.4. These Terms and Conditions may be stored and reproduced. 14.5. They are integrally complemented by: Prices and Payment Terms, Delivery Terms, Claims, Cookie Policy, Cookie Settings, Privacy Policy. Effective from: [ADD PUBLICATION DATE]