Terms and Conditions

I. INTRODUCTORY PROVISIONS

1. These General Commercial Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”)
• 1. Zichovecká s.r.o.
• Company Registration No.: 28434684
• VAT Reg. No.: CZ28434684
• Registered its seat at: Zichovec 46, 27374 Klobuky
• registered in the Commercial Register maintained by the Municipal Court of Prague, Section C, Entry 141243
• Contact details: mailing address 5.května 2789, 440 01 Louny
• e-mail: eshop@pivovarzichovec.cz
• phone: 602 648 383
• www: pivovarzichovec.cz
(hereinafter referred to as the “Seller”)
2. These Terms and Conditions stipulate the mutual rights and obligations of the Seller and the natural person that enters into a purchase contract or another contract (hereinafter referred to as the “Purchase Contract”) outside their business activities as a consumer or a person that enters into a purchase contract under the course of their business (hereinafter referred to as the “Buyer”) via a web interface located on a website at pivovarzichovec.cz (hereinafter referred to as the “e-shop”).
3. The provisions hereof form an integral part of the Purchase Contract. Different arrangements 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.
5. The Seller shall inform the consumer about the prohibition of the sale of alcoholic beverages to persons under the age of 18.

II. INFORMATION ABOUT GOODS AND PRICES

1. Information about the goods, including the prices of the individual goods and their main characteristics, is indicated for the individual items of the goods in the e-shop catalogue. The prices of the goods shall be indicated including the value added tax, all and any related charges and the costs of returning the goods if, by their nature, the goods cannot be returned by ordinary mail. The prices of the goods shall remain valid for as long as they are displayed on the on-line shop. This provision shall not preclude the Purchase Contract conclusion under individually agreed terms and conditions.
2. Any presentation of the goods in the e-shop catalogue is indicative, and the Seller has no obligation to conclude a Purchase Contract for such goods.
3. The e-shop also contains information about the costs associated with the packaging and delivery of the goods. The information concerning the costs of the packaging and delivery of the goods indicated on the e-shop shall only apply if the goods are delivered within the territory of the Czech Republic.
4. Any discounts on the purchase price of the goods may not be combined unless the Seller and the Buyer agree to otherwise.
5. Information about BEER SUBSCRIPTION. Minimum period of time for which the BEER SUBSCRIPTION contract shall be binding upon the Parties: from the moment of the contract conclusion until the last day of the notice period; however, in the event of contract termination by agreement, this period may be shorter, if necessary. Besides the notice of termination, this contract may be terminated by agreement or withdrawal from the Contract. The price indicated for this product contains the detail of the price per billing period, which is always one month. The price for this product is final, including all and any taxes and fees stipulated by law, and the costs of delivery of the goods for this product shall be borne by the Seller in case of delivery to the Czech Republic. In the case of delivery to other countries, the Buyer shall pay for the transport. The Seller reserves its right to unilaterally adjust the price of the goods in the case of the BEER SUBSCRIPTION in connection with changes in the prices of suppliers of raw materials or energy, in which case the Buyer shall be entitled to withdraw from the Contract. The conditions for increasing the price, informing about the possibility of withdrawal and instructing the consumer are contained in Article IX(5) of these Terms and Conditions.

III. PURCHASE ORDER AND PURCHASE CONTRACT CONCLUSION

1. The costs incurred by the Buyer when using the remote communication instruments in connection with the Purchase Contract conclusion (Internet connection costs, phone bills) shall be borne by the Buyer. These costs do not differ from the standard rate.
2. The Buyer shall order the goods in the following ways:
• through its customer account, provided they have completed the registration in the e-shop,
• by filling in a purchase order form without registration.
3. When placing the purchase order, the Buyer shall select the goods, quantity, method of payment and delivery.
4. Before sending the purchase order to the Seller, the Buyer shall be allowed to check and change the details entered in the purchase order form. The Buyer shall send the purchase order to the Seller by clicking on the “SEND ORDER” button. The Seller considers the data entered in the purchase order correct. The validity of the purchase order is subject to the completion of all mandatory details in the purchase order form, the Buyer’s confirmation that they have become familiar with these Terms and Conditions and that they agree thereto, as in force and effect at the time of dispatch of the purchase order. Should the Buyer fail to notify the Seller in a proper and timely manner of any changes in the information contained in the purchase order, the Buyer shall be liable for any damage caused thereby (e.g. by a failure to deliver the goods).

5. Upon receipt of the purchase order, the Seller shall send the Buyer a confirmation of receipt of the purchase order to the e-mail address entered the Buyer along with the purchase order. This confirmation is not considered to be the conclusion of a contract. The current Terms and Conditions of the Seller are attached to the confirmation. The Purchase Contract is concluded upon confirmation of the purchase order by the Seller to the Buyer’s e-mail address, with the exception of BEER SUBSCRIPTION, whereas the BEER SUBSCRIPTION contract is concluded upon proper payment of the price.
The concluded contract shall not be deposited with the Seller, the Seller shall not deposit the text of the contract for the Buyer.
6. Any and all purchase orders accepted by the Seller shall be binding. The Buyer may cancel the purchase order until notice of acceptance of the purchase order by the Seller has been delivered to the Buyer. The Buyer may cancel the purchase order by telephone at the Seller’s telephone number or e-mail specified in these Terms and Conditions.
7. In the event of an evident technical error on the part of the Seller related to indication of the price of the goods on e-shop or during the ordering process, the Seller shall not have the obligation to deliver the goods to the Buyer for such apparently incorrect price. The Seller shall inform the Buyer of the error without undue delay and shall send the Buyer an amended offer to its e-mail address. An amended offer is considered to be a new proposal for a Purchase Contract, and in such case, the Purchase Contract shall only be concluded by the Buyer’s confirmation of acceptance sent to the Seller’s e-mail.
9. No alcohol may be sold by the persons under 18 years of age. The goods shall not be handed over to a Buyer – a natural person that proves not to have reached the age of 18 at the time of the Purchase Contract conclusion, and the Seller shall withdraw from the Purchase Contract in such case.

IV. CUSTOMER ACCOUNT

1. The Buyer obtains access to its user account based on its registration in the e-shop. The Buyer may order goods from its customer account. The Buyer may also order goods without registration (this shall not apply to the BEER SUBSCRIPTION).
2. When registering the customer account and ordering goods, the Buyer shall provide correct and true information and data. The data registered for the user account shall be updated in case of any change. The data provided by the Buyer in its user account and when ordering goods shall be considered correct by the Seller.
3. Access to the user account is protected by a combination of a user name and a password. The Buyer keep all and any information which is essential for accessing the user account confidential. The Seller shall not be liable for any misuse of the customer account by third parties.
4. The Buyer shall not allow third parties to use its user account.
5. The Seller may cancel the user account, especially if the Buyer does not use its user account for a long period of time, or if the Buyer breaches any obligation under the Purchase Contract or these Terms and Conditions.
6. The Buyer understands that the user account may not be available at all times, especially with regard to the necessary maintenance of the Seller’s hardware and software, or the necessary maintenance of third-party hardware and software.

V. PAYMENT TERMS AND DELIVERY OF GOODS

1. The Buyer can pay the price of the goods and other potential costs related to the delivery of the Goods to the Seller as per the Purchase Contract as follows:
• by wire transfer to the Seller’s bank account No. 43-2353830287/0100, kept by Komerční banka a.s. in the case of a purchase order placed in Czech crowns. In the case of a purchase order placed in EUR, a wire transfer can be made to the Seller’s foreign bank account No. 115-9655530257/0100 (IBAN: CZ41 0100 0001 1596 5553 0257 BIC: KOMBCZPP), kept also by Komerční banka a.s.
• by a cashless transfer using a payment card, through the GoPay payment gateway, to the Seller’s bank account.
2. Along with the purchase price, the Buyer shall also pay to the Seller the agreed shipping and handling costs. Unless expressly otherwise specified hereinafter, the purchase price shall also be understood inclusive the costs of the goods delivery.
3. In the case of a payment via a payment gate, the buyer shall proceed according to the instructions of the relevant electronic payment provider.
4. If the purchase price is paid by a wire transfer, the Buyer’s obligation to pay the purchase price shall be deemed fulfilled upon the correct amount being credited to the Seller’s bank account.
5. The Seller does not require any advance payment or other similar payment from the Buyer. Payment of the purchase price before dispatch of the goods is not an advance payment.
6. The goods shall be delivered to the Buyer to the address specified by the Buyer in the purchase order.
7. The costs of delivery of the Goods depending on the method of dispatch and acceptance of the goods are specified in the Buyer’s purchase order and in the purchase order confirmation by the Seller. If the mode of transport is agreed upon based on a Buyer’s special request, the Buyer shall bear the risk and any additional costs associated with such mode of transport.
8. If, under the Purchase Contract, the Seller has the obligation to deliver the goods to a location specified by the Buyer in the purchase order, the Buyer shall accept the goods upon delivery. 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 purchase order, the Buyer shall pay the costs associated with the repeated delivery of the goods, respectively the costs associated with the different method of delivery.
9. Upon receipt of the goods from the carrier, the Buyer is required to check the integrity of the packaging of the goods and, in the event of any damage, immediately notify the carrier accordingly. If the packaging is found to be damaged indicating the consignment has been intruded illegally, the Buyer does not need to accept the consignment from the carrier.
10. The Seller shall issue a tax document – invoice to the Buyer. The tax document is sent to the Buyer’s e-mail address or shall be attached to the delivered goods.
11. The Buyer shall acquire the title to the goods upon settlement the full purchase price of the goods, including the delivery costs; however, not earlier than upon acceptance of the goods. The liability for accidental destruction, damage or loss of the goods shall pass over to the Buyer upon acceptance of the goods or at the moment when the Buyer had the obligation to accept the goods, however, failed to do so contrary to the Purchase Contract.

VI. WITHDRAWAL FROM THE CONTRACT

1. The Buyer that concluded the Purchase Contract outside its business as a consumer has the right to withdraw from the Purchase Contract.
2. The term for the withdrawal is 14 days
• as of the date of the goods acceptance;
• as the date of acceptance of the last delivery of the goods if the subject of the contract includes several types of goods or deliveries of several parts;
• as of the date of acceptance of the first delivery of the goods if the subject of the contract is a regular repeated delivery of the goods.
3. The Buyer shall not withdraw from the Purchase Contract in cases, including but not limited to:
– for delivery of goods, provided they were provided with its express consent prior to expiry of the term for withdrawal from the contract and the Seller notified the Buyer prior to the contract conclusion of not having the right to withdraw from the contract in such case;
– for delivery of goods or services, the prices of which depend on market fluctuations and independently of the Seller’s will and which may occur during the term for withdrawal from the contract;
– for delivery of alcohol beverage which may be delivered after thirty days and the prices of which depend on market fluctuations independent of the Seller’s will;
– delivery of goods modified upon request of or for the Buyer,
– deliveries of perishable goods and the goods which are subject to deterioration as well as goods which were mixed with other goods immediately upon the delivery;
– goods supplied in sealed packaging and which the Buyer has removed from the packaging and providing that these goods cannot be returned due to hygienic reasons;
– delivery of audio video recordings or computer software if the original packaging is broken;
– delivery of newspapers, periodicals or magazines;
– delivery of digital content if such content was not delivered on a hard storage unit and was delivered based on a prior consent of the Buyer before the contract withdrawal period expired, and providing that before the contract was the concluded, the Seller had notified the Buyer that in this particular case, the Buyer is not entitled to withdraw from the contract;
– other cases stipulated in Section 1837 of the Civil Code.
4. In order to comply with the withdrawal period, the Buyer shall send the withdrawal notice within the withdrawal term.
5. For purposes of withdrawing from the Purchase Contract, the Buyer may use a specimen form provided by the Seller to withdraw from the Contract. The Buyer shall send the notice of withdrawal from the Purchase Contract to the e-mail or mailing address of the Seller specified in these Terms and Conditions. The Seller shall confirm receipt of the form to the Buyer without delay.
6. The Buyer that has withdrawn from the Contract shall return the Goods to the Seller within 14 days of withdrawal from the Contract. The Buyer shall bear the costs associated with the return of the goods to the Seller, even in cases when the nature of the goods means that they cannot be returned by ordinary post.
7. Should the Buyer withdraw from the Contract, the Seller shall return all and any the financial funds including the expenses on delivery that it has received to the Buyer in the same manner without undue delay, however, no later than in 14 days. The Seller will only return the received funds to the Buyer in a different manner if the Buyer has agreed to it and does not incur any additional costs.
8. Should the Buyer choose a method of the goods delivery other than the least expensive one offered by the Seller, the Seller shall refund the delivery costs to the Buyer in an amount corresponding to the least expensive method of goods delivery offered.
9. Should the Buyer withdraw from the Purchase Contract, the Seller shall not have the obligation to return the received payment to the Buyer before the Buyer returns the goods or provides evidence that the goods have been sent to the Seller.
10. The Buyer shall return the goods to the Seller not damaged, worn-out and contaminated and, if possible, in genuine packaging. The Seller is entitled to unilaterally set off the claim for compensation for damage caused to the goods against the Buyer’s claim to a refund of the purchase price.
11. The Seller is entitled to withdraw from the Purchase Contract due to the sale of stock, unavailability of the goods, or if the manufacturer, importer or supplier of the goods has interrupted the production or import of the goods. The Seller shall inform the Buyer without delay of the e-mail address specified in the purchase order and shall return any all funds, including the costs of delivery received from the Buyer under the Contract, within 14 days of the notice of withdrawal from the Purchase Contract, in the same manner or in a manner determined by the Buyer.

VII. RIGHTS FROM DEFECTIVE PERFORMANCE

1. The Seller is liable to the Buyer for ensuring that the goods are delivered free of defects. The Seller is particularly liable to the Buyer for ensuring that, upon the goods being accepted by the Buyer:
• the goods gave the properties agreed upon between the parties; and if such an agreement is missing, the goods have such properties that the Seller or the manufacturer described or that the Buyer expected with regard to the goods nature and based on advertisement carried out by them;
• the goods are suitable for the purpose that the Seller presents for their use or for which the goods of this kind are usually used;
• the goods correspond to their quality or design to the agreed upon sample or model if the quality or design were determined on the basis of an agreed upon sample or model;
• the goods meet the quantity, size or weight comply with requirements of applicable legal regulations.
2. The Seller has liability for faulty performance to at least an extent in which the liability for faulty performance lasts. The Buyer shall be entitled to exercise rights from defects identified on the consumer goods within twenty-four months as of the acceptance of the goods.
3. Should the sold goods, packaging, manual attached to the goods or advertising contain identification of the period, during which the items can be used, in accordance with other legal regulations, the provisions regarding the quality warranty shall apply. Through the quality warranty, the Seller represents and warrants that the goods shall be for the defined period eligible for use for its usual purpose or that it will retain the usual properties. If the Buyer’s claim of the defect of the goods lodged with the Seller is justified, the period for exercising the rights arising from the defective performance or the warranty period shall not run for the period for which the Buyer is unable to use the defective goods.
4. The provisions specified in the previous paragraph of the Commercial Terms and Conditions shall not apply to goods sold at a discount due to a defect for which the price was reduced or due to wear and tear caused by ordinary use, or to used goods due to a defect present in the goods upon takeover by the Buyer caused by use or wear and tear, or which arise due to the nature of the goods. The customer shall not be entitled to any warranty claims if, prior to the goods acceptance, they knew the product contained a defect or if the defect is attributable to the Buyer.
5. In the event of a defect, the Buyer may submit a complaint to the Seller and request:
• replacement with new goods;
• repair of the goods;
• reasonable discount from the purchase price;
• withdraw from the contract.
6. The Buyer is entitled to withdraw from the Contract if:
• the goods have a substantial defect;
• they cannot properly use the goods due to repeated occurrence of defects or defects after repair;
• there are multiple defects in the goods.
7. A substantial breach of the Contract means such breach which the breaching party was or should have been aware of already at the time of the Contract conclusion and for which the other party would not have concluded the contract if it had foreseen such breach.
8. For defects that constitute non-substantial breach of contract (regardless of whether the defect is repairable or not), the Buyer is entitled to a repair of the defect or to receive a reasonable discount on the purchase price.
9. If a repairable defect occurs repeatedly after a repair (the third complaint about the same defect or the fourth complaint about different defects), or if the goods contain multiple defects (at least three defects simultaneously), the Buyer can exercise the right to a discount from the purchase price, to a replacement of the goods, or may withdraw from the Contract.
10. When making a complaint, the Buyer is obliged to inform the Seller about the right they have chosen. The Buyer can only change its request for settling a claim without the Seller’s approval if the Buyer asked for a repair of a defect which showed to be irreparable. Should the Buyer fail to specify its right by virtue of substantial breach of contract, they shall have the same rights as under a non-substantial breach of contract.
11. If a repair or replacement of the goods is not possible, the Buyer may terminate the Contract and claim that the full price of the goods be refunded.
12. Should the Seller prove that the Buyer knew or caused the defect prior to acceptance of the goods, the Seller shall not have the obligation to comply with the Buyer’s claim.
13. The Buyer cannot claim discounted goods due to the reason for which the subject goods are discounted.
14. The Seller shall receive notification of a complaint in any store where such receipt is possible, at its headquarters or registered office. The Seller shall issue a written confirmation of the filed complaint to the buyer, indicating the date on which the consumer exercised the right, what is the subject of the claim and the manner of settlement of the complaint required by the Buyer; including the date and the manner of the settlement of the complaint, confirmation of the repair completion and its duration, and/or a written justification for rejecting the complaint.
15. The Seller or a person authorised by the Seller shall decide on the claim immediately or, in complicated situations, within three business days. This period shall not include the time that is reasonable based on the type of product or service necessary for professional evaluation of the defect. The claim including the defect elimination shall be settled without undue delay, however, always within 30 days from the date of filing the claim, unless the Seller and the Buyer agree upon a longer term. The lapse of this period shall be considered a substantial breach of the Contract and the Buyer shall have the right to withdraw from the Purchase Contract. The moment when the complaint is filed shall be the moment when the Buyer’s will (enforcing of the right due to defective performance) is manifested to the Seller.
16. The Seller shall inform the Buyer in writing about the result of the complaint.
17. The Buyer shall not enjoy rights from defective performance if the Buyer prior to taking possession of the items knew that the item had defects or if the Buyer has caused the defects.
18. In the case of a justified complaint, the Buyer shall be entitled to reimbursement of the purposefully incurred costs incurred in connection with filing a complaint. The Buyer may exercise this right with the Seller within one month as of the expiry of the warranty period, otherwise the court may not admit it.
19. The Buyer has the right to choose the method of complaint.
20. The rights and obligations of the Parties regarding defective performance shall be governed by 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.
21. The Buyer is not entitled to enforce any rights in relation to gifts, which are provided entirely free of charge. Such goods comply with the terms of the donation contract and are governed by the applicable and effective legal regulations for the donation contract.

VIII. SPECIAL PROVISIONS FOR GIFT VOUCHERS

1. A gift voucher is a valuable issued by the Seller and may only be used to purchase goods at the Seller’s e-shop at www.pivovarzichovec.cz (except for gift vouchers and beer subscription).
2. The purchase price of the gift voucher is determined by the value of the gift voucher, at the option of the Buyer and from the Seller’s offer. The price is stated in the Czech crowns, VAT inclusive. The costs of transport of the gift voucher to the Buyer shall be borne by the Seller, the costs of remote communication shall be borne by the Buyer. The value of the gift voucher shall not bear interest.
3. The gift voucher can be purchased on the Seller’s e-shop www.pivovarzichovec.cz. The conclusion of the contract is stipulated in Article III of the Commercial Terms and Conditions.
4. We send a gift voucher both in paper form and to the Buyer’s address specified in the purchase order within 2 business days of as of its price being credited to the bank account, as well as in electronic form, to the Buyer’s e-mail address, as an attachment in PDF format, within 24 hours as of its price being credited to the Seller’s bank account. An exception is the case when the buyer-consumer withdraws from the contract for the purchase of goods covered by a gift voucher, in which case the Seller issues a new gift voucher only in electronic form with the same value.
5. The purchase price of the gift voucher may be paid in the manner specified in Article V(1) of these Commercial Terms and Conditions.
6. The buyer-consumer is entitled to withdraw from the contract within fourteen days as of the receipt of the gift voucher in electronic form, provided the gift voucher has not been used (to this end they may use the specimen form, which is part of the Terms and Conditions). If a gift voucher has been used, the Buyer shall not be entitled to withdraw from the Contract. Upon withdrawal, the Buyer shall hand over the gift voucher in paper form to the Seller, no later than in fourteen days as of withdrawal, the Buyer shall bear the related costs. The Seller shall return the funds received to the Buyer no later than in fourteen days as of the withdrawal, provided that the gift voucher is returned in paper form.
7. The gift voucher shall be used at once (it cannot be claimed repeatedly or broken down), the minimum purchase price shall be the value of the gift voucher. The gift voucher does not apply to the payment of a fee for transport or other services.
A gift voucher can only be used by the first person to apply it.
You will use the gift voucher by inserting the purchased items in the basket, continuing to complete the purchase order and selecting the delivery and payment method. Enter the gift voucher code in the “VOUCHER CODE” field and confirm by pressing the “USE VOUCHER” button. The total value of the gift voucher will be immediately deducted from the price of the goods, displaying how much remains to be paid, then you will complete the purchase order.
If the buyer-consumer withdraws from the contract for the purchase of goods covered by a gift voucher, the Seller shall issue a new gift voucher, but only in electronic form, at the same value. This new electronic voucher shall be sent to the Buyer’s e-mail address, as an attachment in PDF format, within fourteen days as of handover of the goods to the Seller or proof that the goods have been sent to the Seller.
8. Term of validity of the gift voucher. The document is valid for a period of 12 months as of the date when it is sent in electronic form to the Buyer, to the Buyer’s e-mail address specified in the purchase order, and the specific validity date is always identified on the individual gift vouchers. The gift voucher may be claimed only within this period of time. The date of application shall be the date on which the Buyer pays the price for the goods. If the gift voucher is not used within the period of its validity, the right to claim it shall expire without compensation, it may not be replaced or paid to the Buyer, or its validity extended. Also, in the event of loss or theft, a new gift voucher may not be issued or its value or purchase price compensated. Gift vouchers cannot be returned to the Seller against money.
9. The gift voucher is transferable to a third party. If a gift voucher is transferred to a third party, the Buyer shall inform the third party about these Terms and Conditions of the Seller, as the gift voucher may only be issued in compliance therewith.
10. The gift voucher code is used for the technical method of using the valuables. The gift voucher code is unique and unrepeated. In the case of issuance of a gift voucher in both paper and electronic form, the code will therefore be identical (the same numerical code will appear on the gift voucher in the paper form as well as in the electronic form).
No modification or other changes or copying of the gift voucher is permitted.
11. By purchasing a gift voucher, the Buyer confirms that it has become familiar with the Terms and Conditions, including this article on the rights and obligations associated with the gift voucher, and that it agrees to the Terms and Conditions.

IX. SPECIAL PROVISIONS FOR BEER SUBSCRIPTION

1. The BEER SUBSCRIPTION (hereinafter referred to as the “BS”) can be ordered only via the customer account after prior registration on e-shop.
2. BS is a contract between the Seller and the Buyer, the subject of which is a repeated delivery of the goods (repeated purchase of the goods) for the duration of the pre-paid period. The pre-paid period is the period of the month, for which the ordered and paid goods shall be delivered to the Buyer.
BS shall be automatically renewed unless the Buyer terminates it by the date and in a manner specified below in point 12 of this Article of the Terms and Conditions, for another pre-paid period in the event that the Buyer pays the price of the goods for the next pre-paid period as described in point 10 of this Article of the Terms and Conditions.
3. The conclusion of the BS Contract shall only be effective upon proper payment of the price of the goods, i.e. by crediting the price of the goods to the respective month, to the Seller’s bank account.
The BS purchase order shall be considered to be an order for a period of 24 months.
4. In the case of BS, the goods means the beer of the Seller’s choice, the best of the Seller’s offer, in the quantity of 8 to 10 pieces, whereas the quantity and packaging material of beer shall also be selected by the Seller and the Buyer may, therefore, receive beer in the specified quantity as a whole only in bottles or only in cans or a combination of bottles and cans.
5. The price of the goods is the amount specified on the Seller’s website (www.pivovarzichovec.cz) and is stated including the value added tax. In the case of BS, the Seller reserves the right to unilaterally amend the price of the goods in response to changes in the prices of suppliers of raw materials or energy. The Seller shall send the information to the Buyer sufficiently in advance so that no later than thirty days before the effective date of the price increase, the Seller receives the information via e-mail message sent to the Buyer’s e-mail address entered during registration. In such a case, the Buyer shall be entitled to withdraw from the Contract no later than ten days before the price increase date; withdrawal from the Contract shall be applied on eshopivovarzichovec.cz.
6. Transport is free of charge for BS all over the Czech Republic. The costs of the goods (BS) delivery shall be borne by the Seller. Delivery of BS outside of the Czech Republic is subject to a charge according to the given transport price list, which can be found HERE.
7. The subscription is conditioned by the Buyer’s customer account and the monthly period paid.
8. BS can only be paid by a payment card via the GoPay payment gateway.
9. The frequency of payments is monthly and this frequency is fixed.
10. The Seller and the Buyer have agreed on automatic renewal of BS and payment of the price of the goods by an automatic repeated (recurrent) direct debit payment, with a standard monthly payment period. By entering into the BS Contract, the Buyer grants the Seller the right to carry out an automatic deduction of the amount – the price of the goods for the following monthly period from the Buyer’s credit or debit card, the data of which the Buyer entered upon payment of the BS purchase order, on the date which corresponds to the date of the Buyer’s order, i.e., if, for example, it was ordered on the 16th day of the month, the amount will again be deducted on the 16th day of the following month (the date of payment may be postponed if the first payment was made on the day that does not exist in the following month). If the Seller does not receive such payment, i.e. in particular, if it is not possible to debit the price of the goods from the Buyer’s bank account for any reason, the Seller shall contact the Buyer with notice of the failed payment of the price of the goods (BS) and with information that the Seller has not received the payment and that the beer subscription will be cancelled. Contract shall automatically terminate on the date on which the attempt to pay the price of the Goods was made unsuccessfully. If the purchaser wishes to renew the BS, the purchaser will be required to re-create the BS order and re-set up new recurring (recurring) collection payment. You can find all the history and date of payment in your customer account.
11. The dispatch of the goods to the Buyer, to the address specified by the Buyer in the purchase order, shall be conditioned by crediting the price of the goods to the Seller’s bank account, no later than by the last day of the calendar month. If this condition is fulfilled, the goods shall be sent to the Buyer no later than on the 5th business day of the month following the month in which the price of the goods was credited to the Seller’s bank account. An exception is the case when the price of the goods is credited to the Seller’s bank account by the 3rd day of the month following the month in which the price of the goods was supposed to be paid in a proper and timely manner while making the 2nd attempt to collect the price of the goods according to the previous paragraph.
12. The BS Contract may be terminated unilaterally by the Buyer and the Seller at any time by clicking on the “TERMINATE SUBSCRIPTION” button in the customer account.
The PP Contract shall expire at the end of this day if the Buyer or the Seller do so within the existing subscription period before the price of the goods has been paid for the next prepaid period in the manner described in point 10 of this Article of the Terms and Conditions (e.g. the Buyer “TERMINATES SUBSCRIPTION” on the 15th day of the prepaid period, when the price of the goods is automatically renewed and the price of the goods is paid automatically by the repeated direct debit payment on the 16th day of the respective month).
If the Buyer or the Seller do so only after the price of the goods has been paid for the next prepaid period in the manner described above in point 10 of this Article of the Terms and Conditions (e.g. the Buyer “TERMINATES SUBSCRIPTION” on the 17th day of the pre-paid period, when the price of the Goods was automatically renewed by automatic repeated direct debit payment on the previous 16th day of the month), the PP Agreement shall expire on the last day of the month following the month in which the Contract was terminated. In the event of termination of the contractual relationship by the Buyer, the Seller shall not refund the price of the goods already paid. The goods paid for shall be delivered to the Buyer according to the agreed Commercial Terms and Conditions.
After the “SUBSCRIPTION TERMINATION” has occurred, BS will no longer be automatically renewed and the price of the goods will not be paid by automatic repeated (recurrent) direct debit payment.
The minimum period for which the contract shall be binding upon the Parties: from the moment of conclusion of the contract until the last day of the notice period; however, in the event of termination of the contract by agreement, this period may be shorter, if necessary.
In addition to the notice of termination, the BS Contract may also be terminated by agreement or withdrawal from the Contract.

X. NOTICES

1. The Parties may exchange all and any written correspondence by e-mail.
2. The Buyer shall deliver correspondence to the Seller to the e-mail address specified in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer to the e-mail address specified in its customer account or in the purchase order.

XI. PERSONAL DATA

1. Any and all the information you provide under our mutual cooperation is and shall be treated as confidential. Unless you give us written permission to do so, we will not use your data in any way other than for the performance of the contract, except for the e-mail address to which you may be sent commercial communications, as this procedure is permitted by law, unless you reject it. Such notices may relate only to similar or related goods and may be cancelled at any time in a simple manner (by sending a letter, e-mail or clicking on a link in a commercial communication). For these purposes, the e-mail address shall be kept for a period of 3 years from the conclusion of the last contract between the Parties.
2. For more detailed information about the personal data protection, please refer to the Personal Data Protection Principles

XII. OUT-OF-COURT SETTLEMENT OF DISPUTES

1. The out-of-court settlement of consumer disputes arising from the Purchase Contract is the competence of Česká obchodní inspekce (the Czech Trade Inspection Authority), based at Štěpánská 567/15, 120 00 Prague 2, Company Registration No.: 000 20 869, website: https://adr.coi.cz/cs. The platform for on-line settlement of disputes available on website http://ec.europa.eu/consumers/odr may be utilised for settlement of disputes between the Seller and the Buyer arising from the Purchase Contract.
2. The European Consumer Centre Czech Republic, based at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on on-line dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer on-line dispute resolution).
3. Any disputes arising from the Purchase Contract and which cannot be resolved by mutual agreement shall be resolved exclusively under the law of the Czech Republic by the competent courts of the Czech Republic.
4. The Seller is authorised to sell the goods on the basis of a trade licence. Trade inspection shall be carried out by the competent Trade Licensing Authority within the scope of its authority. To a limited extent, the Czech Trade Inspection Authority supervises, among other things, over compliance with Act No. 634/1992 Coll. on consumer protection.

XIII. FINAL PROVISIONS

1. Any and all arrangements between the Seller and the Buyer shall be governed by the laws of the Czech Republic. If the relationship established by the Purchase Contract contains an international element, the Parties agree that the relationship shall be governed by the Czech law. This is without prejudice to the consumer’s rights under the generally binding legal regulations.
2. In the relationship with the Buyer, the Seller shall not be bound by any codes of conduct as per the provisions of Section 1826(1)(e) of the Civil Code.
3. Any and all rights to the Seller’s website, in particular, copyright to the contents, including the layout of the website, photos, films, graphics, trademarks, logos and other content and elements, shall belong to the Seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the consent of the Seller.
4. The Seller shall not be held liable for mistakes resulting from third parties’ intervention in the website or its use contrary to its purpose. When using the e-shop, the Buyer shall not use any procedures which might have a negative impact on the operation thereof, and shall not perform any activity that might enable it or third parties to illegally intervene in or illegally use software or other parts forming the e-shop or software in a way that would be contrary to its purpose.
5. The Buyer hereby assumes the risk of change of circumstances pursuant to Section 1765(2) of the Civil Code.
6. The Purchase Contract, including the Terms and Conditions, shall be archived by the Seller in electronic form and shall not be accessible.
7. The Seller is entitled to change or amend the wording of the Terms and Conditions. This provision shall not affect the rights and obligations that originated during the effective term of the previous version of the Terms and Conditions.
8. A specimen form for a withdrawal from a Purchase Contract forms an Annex to these Terms and Conditions.
These Terms and Conditions shall become effective on 4 December 2020.
Website www.pivovarzichovec.cz
1. Zichovecká s.r.o., based at: Zichovec 46, 27374 Klobuky, Company Registration No.: 28434684, registered in the Commercial Register maintained by the Municipal Court of Prague, Section C, Entry 141243, tax registration No.: CZ28434684, Seller’s e-mail: eshop@pivovarzichovec.cz, Phone: 602 648 383

CONTRACT WITHDRAWAL FORM SPECIMEN

(Please complete this form and send it back only if you want to withdraw from the contract. Print out the form, sign it and send the scanned copy to the below-mentioned e-mail address of the Seller eshop@pivovarzichovec.cz , or placed in a return consignment).
Notice of Withdrawal from the Contract
You may return the goods to the Seller’s warehouse at Vladimírská 2945, 440 01 Louny, during the opening hours specified on the website www.pivovarzichovec.cz or send them to Vladimírská 2945, 440 01 Louny (PIVOVAR ZICHOVEC warehouse).
Please be advised that I hereby withdraw from the contract for the purchase of the following goods: …………………………….
Purchase order details
Date when goods were ordered: ……..
Order No. …………..
Receipt No. ……………….
Consumer’s data
Name and surname …………………………………..
Address: street ………………No., ………………….Post code………………………City, e-mail ……. phone ………
Please refund the Purchase Price by a wire transfer to the bank account No.: ………….
In …………., date ……….
Consumer’s signature …………………….