Terms and Conditions

These General Terms and Conditions (“Terms”) of Vít Semerád, with registered office at Slezská 1898/95, 130 00 Prague – Vinohrady, Company ID No. 88307174, VAT ID No. CZ8601070973, registered in the Trade Licensing Register, e-mail objevte@senseofwine.cz, telephone number +420 734 126 995 (“We” or the “Seller”), govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”), the mutual rights and obligations of You, as buyers, and Us, as the seller, arising in connection with or on the basis of a purchase agreement (the “Contract”) concluded through the E-shop on the website objevte.senseofwine.cz.

All information concerning the processing of Your personal data is contained in the Privacy Policy, which is available here.

The provisions of these Terms form an integral part of the Contract. The Contract and the Terms are drawn up in Czech. We may unilaterally amend or supplement the wording of the Terms. This provision does not affect any rights and obligations arising while the previous version of the Terms was in effect.

As You are no doubt aware, We communicate primarily remotely. Accordingly, our Contract is concluded using means of distance communication that allow Us to reach an agreement without Our and Your simultaneous physical presence. The Contract is therefore concluded remotely in the E-shop environment through the website interface (the “E-shop web interface”).

If any part of the Terms conflicts with anything We have specifically agreed during the process of Your purchase in Our E-shop, that specific agreement will take precedence over the Terms.

 

I. CERTAIN DEFINITIONS

1. Price means the amount You will pay for the Goods;
2. Delivery Charge means the amount You will pay for delivery of the Goods, including the cost of packaging and any cash-on-delivery fee;
3. Total Price means the sum of the Price and the Delivery Charge;
4. VAT means value added tax under applicable legislation;
5. Invoice means a tax document issued for the Total Price in accordance with the Value Added Tax Act;
6. Order means Your irrevocable offer to conclude a Contract with Us for the purchase of the Goods;
7. User Account means an account created on the basis of the information provided by You, which enables the information entered to be stored and retains a history of Goods ordered and Contracts concluded;
8. You means the person making a purchase in Our E-shop, referred to by law as the buyer;
9. Goods means anything that You may purchase in the E-shop.

II. GENERAL PROVISIONS AND INFORMATION

1. The Goods may be purchased only through the E-shop web interface.
2. When purchasing the Goods, You are required to provide Us with all information correctly and truthfully. We will therefore consider the information You provide when ordering the Goods to be correct and truthful.

 

III. CONCLUSION OF THE CONTRACT

1. The Contract with Us may be concluded only in Czech.
2. The Contract is concluded remotely through the E-shop, and You bear the costs of using means of distance communication. However, these costs do not differ from the basic rate You pay for using such means (in particular for internet access), so You should not expect any additional costs charged by Us beyond the Total Price. By submitting the Order, You agree to Our use of means of distance communication.
3. In order for Us to conclude the Contract, You must create a draft Order in the E-shop. The draft must contain the following information:
4. a) Information about the Goods being purchased (in the E-shop, You select the Goods You wish to purchase by clicking the “Add to cart” button);
5. b) Information about the Price, the Delivery Charge, the method of payment of the Total Price, and the required method of delivery of the Goods. This information will be entered while creating the draft Order in the E-shop user interface, while information about the Price, the Delivery Charge, and the Total Price will be displayed automatically on the basis of the Goods and delivery method selected by You;
6. c) Your identification and contact details needed for Us to deliver the Goods, in particular Your first name, surname, delivery address, telephone number, and e-mail address;
7. d) In the case of a Contract under which We will supply the Goods to You regularly and repeatedly, information about the period for which We will supply the Goods to You.
8. While creating the draft Order, You may change and review the information until the Order is created. After reviewing it, You create the Order by clicking the “Order with an obligation to pay” button. Before clicking the button, however, You must confirm that You have read and agree to these Terms; otherwise, the Order cannot be created. A checkbox is provided for this confirmation and consent. After You click the “Order with an obligation to pay” button, all completed information will be sent directly to Us.
9. We will confirm Your Order as soon as possible after We receive it by sending a message to the e-mail address specified in the Order. The confirmation will include a summary of the Order and these Terms. The Contract between Us and You is concluded when We confirm the Order. The Terms in effect on the date of the Order form an integral part of the Contract.
10. There may also be cases in which We are unable to confirm Your Order. This applies in particular if the Goods are unavailable or if You order more units of the Goods than We permit. However, We will always provide information in advance in the E-shop about the maximum quantity of Goods, so this should not come as a surprise to You. If, for any reason, We cannot confirm the Order, We will contact You and send You an offer to conclude a Contract in a form amended from the Order. In that case, the Contract is concluded when You accept Our offer.
11. If an obviously incorrect Price is stated in the E-shop or in the draft Order, We are not obliged to supply the Goods to You at that Price, even if You have received confirmation of the Order and the Contract has therefore been concluded. In such a situation, We will contact You without delay and send You an offer to conclude a new Contract in a form amended from the Order. The new Contract is concluded when You accept Our offer. If You do not accept Our offer within 3 days of its being sent, We are entitled to withdraw from the concluded Contract. An obvious error in the Price includes, for example, a situation where the Price does not correspond to the usual price charged by other sellers or where a digit is missing or has been added.
12. Once the Contract has been concluded, You are obliged to pay the Total Price.
13. If You have a User Account, You may place an Order through it. Even in that case, however, You are required to check that the pre-filled information is correct, truthful, and complete. The method of creating the Order is otherwise the same as for a buyer without a User Account, with the advantage that You do not need to enter Your identification details repeatedly.
14. In certain cases, We allow a discount to be applied to the purchase of the Goods. To receive the discount, You must enter the discount details in the designated field in the draft Order. If You do so, the Goods will be supplied to You at the discounted price.

 

IV. USER ACCOUNT

1. Once You have registered in the E-shop, You may access Your User Account.
2. When registering a User Account, You are required to enter all information correctly and truthfully and to update it if it changes.
3. Access to the User Account is protected by a username and password. You are required to keep these login details confidential and not disclose them to anyone. We bear no liability if they are misused.
4. The User Account is personal and You are therefore not entitled to allow third parties to use it.
5. We may cancel Your User Account, in particular if You do not use it for more than 1 year or if You breach Your obligations under the Contract.
6. The User Account may not be continuously available, particularly due to technical outages and necessary maintenance of hardware and software.

V. PRICING AND PAYMENT TERMS; RETENTION OF TITLE

1. The Price is always stated in the E-shop, in the draft Order, and, of course, in the Contract. If the Price stated for the Goods in the E-shop differs from the Price stated in the draft Order, the Price stated in the draft Order will apply and will always be identical to the price in the Contract. The draft Order also states the Delivery Charge or, where applicable, the conditions under which delivery is free of charge.
2. The Total Price is stated inclusive of VAT and all charges required by law.
3. We will require payment of the Total Price after the Contract has been concluded and before the Goods are handed over. You may pay the Total Price in the following ways:
4. a) By bank transfer. We will send You the payment information in the Order confirmation. If paying by bank transfer, the Total Price is due within 14 days.
5. b) Online by card. In this case, the payment is processed through the payment gateway of Comgate, a.s. (https://www.comgate.cz/cz/platebni-brana), and the payment is governed by the terms and conditions of that payment gateway, available at (https://www.comgate.cz/cz/platebni-brana). If paying online by card, the Total Price is due within 5 days.
6. c) Cash on delivery. In this case, payment is made upon delivery of the Goods against handover of the Goods. If paying cash on delivery, the Total Price is due upon receipt of the Goods.
7. d) In cash upon personal collection. The Goods may be paid for in cash when collected from Our premises. If paying in cash upon personal collection, the Total Price is due upon receipt of the Goods.
8. The Invoice will be issued electronically after the Total Price has been paid and will be sent to Your e-mail address. The Invoice will also be physically enclosed with the Goods and made available in the User Account.
9. Title to the Goods passes to You only after You have paid the Total Price and taken receipt of the Goods. In the case of payment by bank transfer, the Total Price is paid when it is credited to Our account; in all other cases, it is paid at the moment the payment is made.

 

VI. DELIVERY OF THE GOODS; PASSING OF THE RISK OF DAMAGE

1. The Goods will be delivered to You using the method selected by You from the following options:
2. a) Personal collection from Our premises at Petrohradská 216/3, Prague-Vršovice, Prague 10, 101 00;
3. b) Delivery by MESSENGER a.s. (Libínská 3127/1, 150 00 Prague 5).
4. The Goods may be delivered only within the Czech Republic.
5. The delivery time for the Goods always depends on their availability and on the delivery and payment method selected. The estimated delivery time will be stated in the Order confirmation. The time shown in the E-shop is indicative only and may differ from the actual delivery time. In the case of personal collection from Our premises, We will always notify You by e-mail when the Goods are ready for collection.
6. Upon receiving the Goods from the carrier, You are required to check that the packaging of the Goods is intact and, in the event of any defects, to notify the carrier and Us immediately. If the packaging is damaged in a manner indicating unauthorised handling of or access to the shipment, You are not required to accept the Goods from the carrier.
7. If You breach Your obligation to accept the Goods, except in the cases referred to in Article VI.4. of the Terms, this does not result in a breach of Our obligation to deliver the Goods to You. At the same time, Your failure to accept the Goods does not constitute withdrawal from the Contract between Us and You. In such a case, however, We are entitled to withdraw from the Contract due to Your material breach of the Contract. If We decide to exercise this right, the withdrawal takes effect on the day it is delivered to You. Withdrawal from the Contract does not affect Our claim for payment of the Delivery Charge or, where applicable, a claim for damages.
8. If, for reasons on Your part, the Goods must be delivered repeatedly or by a method other than that agreed in the Contract, You are required to reimburse Us for the costs associated with such repeated delivery. We will send the payment details for these costs to the e-mail address specified in the Contract, and the costs are due within 14 days of delivery of the e-mail.
9. The risk of damage to the Goods passes to You when You take receipt of them. If You do not take receipt of the Goods, except in the cases referred to in Article VI.4 of the Terms, the risk of damage to the Goods passes to You when You had the opportunity to take receipt of them but failed to do so for reasons on Your part. The passing of the risk of damage to the Goods means that, from that moment, You bear all consequences associated with the loss, destruction, damage, or any deterioration of the Goods.
10. If the Goods were not shown as in stock in the E-shop and an indicative availability period was stated, We will always inform You in the event of:
11. a) an extraordinary interruption in the production of the Goods, in which case We will inform You of the new expected availability date or that it will not be possible to supply the Goods;
12. b) a delay in the delivery of the Goods by Our supplier, in which case We will inform You of the new expected delivery date.
13. If, for any reason, We are unable to deliver the Goods to You within 30 days after the delivery time stated in the Order confirmation has expired, both We and You are entitled to withdraw from the Contract.

VII. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

1. We warrant that, at the time the risk of damage to the Goods passes in accordance with Article VI.7 of the Terms, the Goods are free from defects and, in particular, that:
2. a) they have the characteristics agreed between You and Us or, if no characteristics were expressly agreed, the characteristics stated by Us in the description of the Goods or those that may reasonably be expected in view of the nature of the Goods;
3. b) they are fit for the purposes stated by Us or for the purposes for which Goods of that type are normally used;
4. c) they correspond in quality or workmanship to the agreed sample, if the quality or workmanship was determined according to a sample;
5. d) they are of the appropriate quantity and weight;
6. e) they meet the requirements imposed on them by legislation;
7. f) they are not encumbered by third-party rights.
8. The rights and obligations relating to rights arising from defective performance are governed by the applicable generally binding legislation (in particular Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended).
9. If the Goods are defective, in particular if any of the conditions under Article VII.1 are not met, You may notify Us of the defect and exercise Your rights arising from defective performance (i.e. lodge a complaint in respect of the Goods) by sending an e-mail or letter to Our addresses stated in Our identification details. You may also use the model complaint form provided by Us, which forms Annex 1 to the Terms. When exercising rights arising from defective performance, You must allow Us to take possession of the Goods and select the manner in which the complaint is to be resolved; except in the cases referred to in Article 7.4, You may not subsequently change this selection without Our consent. We will resolve the complaint in accordance with the right arising from defective performance exercised by You. If You do not select a remedy for the defect, You will have the rights listed in Article 7.5 even where the defective performance constituted a material breach of the Contract.
10. If the defective performance constitutes a material breach of the Contract, You have the following rights:
11. a) to have the defect remedied by delivery of new Goods free from defects or by delivery of a missing part of the Goods;
12. b) to have the defect remedied by repair of the Goods;
13. c) to a reasonable discount on the Price;
14. d) to withdraw from the Contract.