Important references

Basic provisions

1. The controller of personal data pursuant to Article 4 point 7 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as "GDPR") is Vinařství sv. Barbora, s r.o., ID No.: 04555252, VAT No.: CZ04555252 with registered office at Bat'ovka 502, 696 02 Ratiskovice; registered at the Regional Court in Brno, Section C, Insert 90599 (hereinafter referred to as "the controller").
   
   
2. The Administrator's contact details are:
   Address: Bat'ovka 502, 696 02 Ratiskovice
   Email: info@vinobarbora.cz
   Telephone: +420 723 379 146
   
   
3. Personal data means any information about an identified or identifiable natural person; an identifiable natural person is a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, a network identifier or to one or more specific elements of the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
4. The controller has not appointed a data protection officer.

Sources and categories of personal data processed

1. The controller processes personal data that you have provided to the controller by filling in the contact forms on www.eshop.vinobarbora.cz or personal data that the controller has obtained on the basis of the fulfilment of your order.
   
   
2. The controller processes your identification, contact and data necessary for the performance of the contract.

Lawful reason and purpose for processing personal data

1. The lawful reason for processing personal data is
   - the performance of a contract between you and the controller pursuant to Article 6(1)(b) GDPR,
   - the legitimate interest of the controller in providing direct marketing (in particular for sending commercial communications and newsletters) pursuant to Article 6(1)(f) GDPR,
   - Your consent to processing for the purposes of providing direct marketing (in particular for sending commercial communications and newsletters) pursuant to Article 6(1)(a) GDPR in conjunction with Section 7(2) of Act No. 480/2004 Coll., on certain information society services, in the absence of an order for goods or services.
   
   
2. The purpose of the processing of personal data is
   - to process your order and to exercise the rights and obligations arising from the contractual relationship between you and the controller; when placing an order, personal data is required that is necessary for the successful processing of the order (name and address, contact), the provision of personal data is a necessary requirement for the conclusion and performance of the contract, without the provision of personal data it is not possible to conclude the contract or its performance by the controller,
   - sending commercial communications and other marketing activities.
   
   
3. There is no automatic individual decision-making by the controller within the meaning of Article 22 GDPR. You have given your explicit consent to such processing.

Data retention period

1. The controller keeps personal data
   - for the period necessary to exercise the rights and obligations arising from the contractual relationship between you and the controller and to assert claims arising from this contractual relationship (for a period of 15 years from the termination of the contractual relationship).
   - for the period until consent to the processing of personal data for marketing purposes is withdrawn, but no longer than 2 years if the personal data is processed on the basis of consent.
   
   
2. After the expiry of the retention period, the controller will delete the personal data.

Recipients of personal data (subcontractors of the controller)

1. Recipients of personal data are persons
   - involved in the delivery of goods/services/processing of payments under the contract,
   - providing e-shop operation services (Shoptet) and other services in connection with the operation of the e-shop,
   - providing marketing services.
   
   
2. The controller does not intend to transfer personal data to a third country (non-EU country) or an international organisation.

Your rights

1. Under the terms of the GDPR, you have
   - the right to access your personal data under Article 15 of the GDPR,
   - the right to rectification of your personal data pursuant to Article 16 GDPR, or restriction of processing pursuant to Article 18 GDPR.
   - The right to erasure of personal data pursuant to Article 17 GDPR.
   - the right to object to processing under Article 21 GDPR; and
   - the right to data portability under Article 20 GDPR.
   - the right to withdraw consent to processing in writing or electronically to the address or email of the controller set out in Article III of these terms and conditions.
2. You also have the right to lodge a complaint with the Data Protection Authority if you believe that your data protection rights have been violated.

Personal data security conditions

1. The controller declares that it has taken all appropriate technical and organisational measures to safeguard personal data.
   
   
2. The controller has taken technical measures to secure data storage and storage of personal data in paper form.
   
   
3. The controller declares that only persons authorised by the controller have access to the personal data.

Final provisions

1. By submitting an order from the online order form, you confirm that you are aware of the privacy policy and that you accept it in its entirety.
   
   
2. You agree to these terms and conditions by ticking the consent box via the online order form. By ticking the consent box, you confirm that you are aware of the privacy policy and that you accept it in its entirety.
   
   
3. The controller is entitled to change these terms and conditions. It will publish the new version of the Privacy Policy on its website and will also send you the new version of the Privacy Policy to the email address you have provided to the controller.

I. Basic Provisions

1. These general terms and conditions (hereinafter referred to as "terms and conditions") are issued in accordance with § 1751 et seq. of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as "Civil Code") 
   
   
   
2. These terms and conditions govern the mutual rights and obligations of the seller and a natural person who enters into a purchase contract outside of his business activity as a consumer, or as part of his business activity (hereinafter referred to as the "buyer") through a web interface located on a website available at the internet address www .vinobarbora.cz. (hereinafter referred to as "online store").
3. The terms and conditions are an integral part of the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.
4. These terms and conditions and the purchase contract are concluded in the Czech language.
   
   
   II. Information about goods and prices

Information about the goods, including the prices of the individual goods and their main features, is given for the individual goods in the catalog of the online store. The prices of the goods are listed including value added tax, all related fees and costs for returning the goods, if the goods by their nature cannot be returned by the usual postal route. Product prices remain valid for the time they are displayed in the online store. This provision does not exclude the negotiation of a purchase contract under individually agreed conditions.

All presentation of goods placed in the catalog of the online store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods.

Information on the costs associated with packaging and delivery of goods is published in the online store. The information on the costs associated with the packaging and delivery of the goods listed in the online store only applies in cases where the goods are delivered within the territory of the Czech Republic.

Any discounts from the purchase price of the goods cannot be combined with each other, unless the seller and the buyer agree otherwise.

III. Order and conclusion of the purchase contract

The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are paid by the buyer himself. These costs do not differ from the base rate.

The buyer orders goods in the following ways:

through your customer account, if you have previously registered in the online store,

by filling out the order form without registration.

When placing an order, the buyer selects the goods, the number of goods, the method of payment and delivery.

Before sending the order, the buyer is allowed to check and change the data he entered in the order. The buyer sends the order to the seller by clicking the Send order button. The data listed in the order they are deemed correct by the seller. The condition for the validity of the order is the filling in of all mandatory data in the order form and the buyer's confirmation that he has familiarized himself with these terms and conditions.

Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when placing the order. This confirmation is automatic and does not constitute a contract. The seller's current terms and conditions are attached to the confirmation. The purchase contract is concluded only after the order has been accepted by the seller. Notification of order acceptance is delivered to the buyer's email address.

If the seller cannot fulfill any of the requirements stated in the order, he will send the buyer an amended offer to his email address. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case by the buyer's confirmation of acceptance of this offer to the seller at his email address specified in these terms and conditions.

All orders accepted by the seller are binding. The buyer can cancel the order until the buyer receives the notification of acceptance of the order by the seller. The buyer can cancel the order by phone at the seller's phone number or email listed in these terms and conditions.

In the event that there was an obvious technical error on the part of the seller when indicating the price of the goods in the online store, or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this obviously incorrect price, even if the buyer was sent an automatic confirmation of receipt of the order according to these terms and conditions. The seller informs the buyer of the error without undue delay and sends the buyer an amended offer to his e-mail address. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case by confirmation of acceptance by the buyer to the seller's email address.

IV. Customer's account

Based on the buyer's registration in the online store, the buyer can access his customer account. The buyer can order goods from his customer account. The buyer can also order goods without registration.

When registering for a customer account and when ordering goods, the buyer is obliged to enter all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in case of any change. The data provided by the buyer in the customer account and when ordering goods are considered correct by the seller.

Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.

The buyer is not authorized to allow the use of the customer account by third parties.

The seller can cancel the user account, especially if the buyer no longer uses his user account, or if the buyer violates his obligations under the purchase contract and these terms and conditions.

The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.

V. Payment terms and delivery of goods

1. The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the Purchase Contract in the following ways:

• by wire transfer to the Seller's account through the payment gateway....,

• cash on delivery upon handover of the goods,

• in cash upon personal collection at the shop

2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise below, the purchase price shall also include the costs associated with the delivery of the goods.

3. In the case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 3 days of the conclusion of the purchase contract.

4. In the case of payment via a payment gateway, the buyer shall follow the instructions of the relevant electronic payment provider.

5. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's bank account.

6. The Seller does not require any advance payment or other similar payment from the Buyer. Payment of the purchase price before shipment of the goods is not a deposit.

7. According to the Sales Records Act, the Seller is obliged to issue a receipt to the Buyer. At the same time, he is obliged to register the received sales with the tax authorities online, and in case of technical failure, within 48 hours at the latest.

8. The goods are delivered to the buyer:

• to the address specified by the buyer in the order

• by personal collection at the seller's premises

9. The choice of delivery method is made during the ordering process.

10. The cost of delivery of the goods depending on the method of shipment and receipt of the goods is indicated in the buyer's order and in the confirmation of the order by the seller. In the event that the method of delivery is agreed upon at the Buyer's specific request, the Buyer bears the risk and any additional costs associated with this method of delivery.

11. If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the Purchase Order, the Buyer is obliged to take delivery of the goods upon delivery. In the event that for reasons on the Buyer's side it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.

12. Upon receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects, notify the carrier immediately. In the event of a breach of the packaging indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier.

13. The Seller shall issue a tax document - invoice to the Buyer. The tax document is sent to the buyer's email address or attached to the goods in case of personal collection.

14. The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but not before taking delivery of the goods. Liability for accidental destruction, damage or loss of the goods passes to the buyer at the moment of taking over the goods or at the moment when the buyer was obliged to take over the goods but failed to do so in breach of the purchase contract.

VI. Withdrawal from the contract

1. A buyer who has concluded a purchase contract outside his business activity as a consumer has the right to withdraw from the purchase contract.

2. The withdrawal period is 14 days:

• from the date of receipt of the goods,

• from the date of acceptance of the last delivery of goods if the subject of the contract is several types of goods or the delivery of several parts,

• from the date of acceptance of the first delivery of the goods, if the subject of the contract is a regular recurring delivery of goods.

3. The buyer cannot, inter alia, withdraw from the purchase contract:

• the provision of services, if they have been performed with his prior express consent before the expiry of the withdrawal period and the seller has informed the buyer before the conclusion of the contract that in such a case he has no right to withdraw from the contract,

• for the delivery of alcoholic beverages that can only be delivered after thirty days and whose price depends on financial market fluctuations independent of the seller's will,

• on the delivery of goods that have been modified according to the wishes of the buyer or for his person,

• the delivery of perishable goods and goods which have been irretrievably mixed with other goods after delivery,

• delivery of goods in closed packaging, which the buyer has removed from the packaging and cannot be returned for hygienic reasons,

• in other cases specified in § 1837 of the Civil Code.

4. To comply with the withdrawal period, the Buyer must send a written statement of withdrawal within the withdrawal period, either by scanning the signed statement to the Seller's email address or by letter sent via the postal service provider to the Seller's delivery address specified in these Terms and Conditions. The Seller shall confirm receipt of the withdrawal to the Buyer without delay.

5. The declaration of withdrawal must contain in particular the following information:

• information that the buyer is withdrawing from the contract;

• the buyer's order number and the date the goods were ordered by the buyer;

• the date of withdrawal from the contract;

• the name, surname and signature of the buyer withdrawing from the contract.

4. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract. The Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.

5. If the Buyer withdraws from the contract, the Seller shall reimburse the Buyer immediately, but no later than 14 days after withdrawal, all monies, including delivery costs, received from the Buyer in the same manner. The seller shall only return the funds received to the buyer in another way if the buyer agrees to this and if no additional costs are incurred.

6. If the Buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller shall reimburse the Buyer for the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery offered.

7. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer delivers the goods to him or proves that he has sent the goods to the seller.

8. The Buyer must return the goods to the Seller undamaged, unworn and unpolluted and, if possible, in their original packaging. The Seller shall be entitled to unilaterally set off the claim for compensation for damage to the goods against the Buyer's claim for reimbursement of the purchase price.

9. The Seller is entitled to withdraw from the Purchase Contract due to the sale of stock, unavailability of goods, or if the manufacturer, importer or supplier of the goods has discontinued the production or import of the goods. The Seller shall promptly inform the Buyer via the email address specified in the order and shall return all monies, including delivery costs, received from the Buyer under the contract within 14 days of notification of withdrawal from the contract, in the same manner or in the manner specified by the Buyer.

VII. Rights from defective performance

1. The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took delivery of the goods:

• the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the seller or manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,

• the goods are fit for the purpose stated by the seller for their use or for which goods of that kind are usually used,

• the goods correspond in quality or workmanship to the agreed sample or specimen, if the quality or workmanship was determined according to the agreed sample or specimen,

• the goods are in the appropriate quantity, measure or weight; and

• the goods comply with the legal requirements.

2. If a defect appears within six months of the buyer's receipt of the goods, the goods shall be deemed to have been defective upon receipt. The buyer shall be entitled to claim the right to a defect that occurs in consumer goods within twenty-four months of receipt. This provision shall not apply in the case of goods sold at a lower price to a defect for which the lower price was agreed, to wear and tear caused by normal use, or in the case of second-hand goods to a defect corresponding to the degree of use or wear and tear which the goods had when taken over by the buyer, or if this is apparent from the nature of the goods.

3. In the event of a defect, the buyer may submit a claim to the seller and demand:

• exchange for new goods,

• repair of goods,

• a reasonable discount on the purchase price,

• withdraw from the contract.

4. The buyer has the right to withdraw from the contract,

• if the goods have a material defect,

• if the buyer cannot use the item properly due to the recurrence of the defect or defects after repair,

• in case of a large number of defects in the goods.

5. The Seller is obliged to accept the complaint at any establishment where the complaint can be accepted, or even at the registered office or place of business. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what is the content of the complaint and what method of handling the complaint the Buyer requires, as well as confirmation of the date and method of handling the complaint, including confirmation of the repair and the duration of the repair, or a written justification of the rejection of the complaint.

6. The Seller or an employee authorised by him will decide on the complaint immediately, in complex cases within three working days. This time limit does not include the time appropriate to the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, must be settled without delay, within 30 days of the date of the complaint, unless the seller and the buyer agree on a longer period. The expiry of this period in vain shall be considered a material breach of contract and the buyer shall have the right to withdraw from the purchase contract. The moment when the Buyer's expression of will (exercise of the right from defective performance) reaches the Seller shall be considered as the moment when the claim is made.

7. The Seller shall inform the Buyer in writing of the outcome of the complaint.

8. The right of defective performance does not belong to the buyer if the buyer knew before taking over the thing that the thing has a defect or if the buyer himself caused the defect.

9. In the event of a legitimate claim, the buyer is entitled to compensation for reasonable costs incurred in connection with the claim. The buyer may exercise this right with the seller within one month after the expiry of the warranty period.

10. The buyer has the choice of how to make a claim.

11. The rights and obligations of the contracting parties with respect to rights arising from defective performance are governed by Sections § 1914 to 1925, § 2099 to 2117 and  § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.

VIII. Delivery

1. The Parties may deliver all written correspondence to each other by electronic mail.

2. The Buyer shall deliver correspondence to the Seller at the email address specified in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer at the email address specified in the Buyer's customer account or order.

IX. Out-of-court dispute resolution

1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from purchase contracts. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract.

2. The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (ES) No 2006/2004 and Directive 2009/22/ES (Regulation on online dispute resolution for consumer disputes).

3. The Seller is entitled to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade office. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., on Consumer Protection, within a defined scope.

X. Final provisions

1. All agreements between the Seller and the Buyer shall be governed by the laws of the Czech Republic. If the relationship established by the Purchase Agreement contains an international element, the parties agree that the relationship shall be governed by the law of the Czech Republic. This is without prejudice to the rights of the consumer under generally binding legislation.

2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section §  1826(1)(e) of the Civil Code.

3. All rights to the Seller's website, in particular the copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the website or any part thereof without the consent of the Seller.

4. The Seller shall not be liable for errors resulting from third party interference with the online shop or its use contrary to its intended use. The Buyer must not use any procedures that could have a negative impact on the operation of the online shop and must not perform any activity that could allow him or third parties to interfere with or make unauthorised use of the software or other components that make up the online shop and use the online shop or its parts or software in a way that would be contrary to its purpose or intent.

5. The purchaser hereby assumes the risk of a change of circumstances within the meaning of Section § 1765(2) of the Civil Code.

6. The contract of sale including the terms and conditions is archived by the seller in electronic form and is not accessible.

7. The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.

These terms and conditions come into force on 1.2.2019