General Terms and Conditions
INTRODUCTORY PROVISIONS AND NOTIFICATION
These General Terms and Conditions apply for purchase in the online shop HAYSIDE CZ s.r.o. (hereinafter referred to as the „e-shop"), when there is the company HAYSIDE CZ s.r.o., ID 078 82 050, registered office Chlumova 5429 /1a, 586 01 Jihlava, registered in the Commercial Register kept by the Regional Court in Brno, Section C, Entry No. 110761, on one side as the e-shop provider (hereinafter referred to as „the Seller“) and, the Buyer who can act as a consumer or a business entity on the other side (hereinafter referred to as „the Customer“ or „the Buyer”).
These General Terms and Conditions (hereinafter referred to as „GTC“) specify in detail and clarify the Seller’s and the Customer’s rights and obligations.
Anyone who visits the e-shop is considered a customer of this website and therefore shall be obliged to follow the applicable legislation when using the website, act in accordance with good morals and these GTC, and shall not harm the Seller’s good name and his rights. Only a natural person who has reached 18 years of age is allowed to visit the e-shop and open its presentation. The customer shall always confirm completion of 18 years before opening the e-shop presentation by clicking on the relevant button.
The Seller hereby informs that the visit of the e-shop, ordering and selling of alcoholic beverages (hereinafter referred to as "goods") to individuals under 18 years of age are prohibited.
Each person who, outside the scope of his or her business activities or outside the framework of a separate exercise of his or her profession, concludes a contract with an entrepreneur or is otherwise involved with an entrepreneur shall be considered as a Customer.
The procedure leading to the conclusion of the contract of sale, the contract of sale concluded between the seller and the purchaser - the consumer, as well as other liabilities, shall be governed in particular by the provisions of section § 1810 et seq. and § 2079 et seq. of the Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as "CC") and the Act No. 634/1992 Coll., on Consumer Protection, as amended (hereinafter referred to as the „Consumer Protection Act”), as well as other related legislation and these GTC.
In the event of any differences between the GTC and the sales contract, the arrangement of the sales contract shall prevail.
An entrepreneur is the one who separately performs gainful employment on his own account and responsibility in a trade or similar manner with the intention of doing so consistently in order to make a profit. Each person who concludes contracts related to his/ her own commercial, production or similar activity or in the course of his/her own business or, where appropriate, a person acting in the name of or on behalf of an entrepreneur, shall also be considered an entrepreneur.
A person who is registered in the business/ trade register and/or who has a business or other licence under another law shall be considered an entrepreneur.
A sales contract is not concluded by filing an order by the customer to the seller. The sales contract arises when the customer’s order is confirmed by the seller (presentation of the goods, located in the seller’s e-shop, is of an informative nature and the seller is not obliged to enter into a sales contract in respect of these goods – provisions of the section § 1732 paragraph 2 of the “CC” is not applied).
From this moment, mutual rights and obligations arise between the customer and the seller, which are defined by the sales contract and the GTC, which form the integral part of the sales contract. Conclusion of a sales contract without negotiation of all its elements as laid down by the CC is excluded within the meaning of the section § 1726 of the CC. Besides, the seller, in accordance with provisions of the section §1740 paragraph 3 of the CC, excludes acceptance of an offer with amendment or deviation.
By sending the order (by entering the order) in the e-shop the customer confirms that he has been aware of and got acquainted with these GTC, and that he agrees with them, in a valid and effective version at the time of placing the order. Confirmation of the customer's order by the seller will include, inter alia, the Internet link to the current (valid and effective) version of the GTC publicized within the e-shop presentation, including a warning that the goods will not be provided to a natural person who turns out to be under the age of 18, and the seller will be authorized to withdraw from the sales contract.
PAYMENT TERMS AND CONDITIONS
Prices of the goods displayed within the e-shop presentation are given including VAT, unless it is expressly provided otherwise for a particular commodity. All the goods shall be supplied with a tax receipt and a delivery note. The goods remain in the seller’s ownership until full payment of the purchase price. In case of (complete or partial) cancellation of an order by the seller (e.g. the ordered goods are sold out) the amount paid or the relevant part of will be sent back without undue delay to the customer's account number from which the payment has been transferred to the seller’s account, unless agreed otherwise.
All changes, whether the product assortment or the prices shown in the e-shop presentation, are reserved. The offer of goods presented in the e-shop (including action goods, sales, etc.) shall be valid until the supplies are sold out or the seller is able to perform.
In the case of special goods on order, or goods which are not at the seller’s stock, the seller shall confirm in advance (via e-mail notification) the price and the indicative delivery date of the goods. If the final price is identical or lower than the written or e-mail order, it is not confirmed to the buyer and the goods are delivered to him at the agreed price according to the validly concluded sales contract. If the price is changed, the customer will confirm that he has been notified of the change and that he agrees with it, in the same way as the change was notified to him.
DELIVERY AND PAYMENT
- DPD shipping: price CZK 99,- incl. VAT within CR. For detail information see below.
- Personal withdrawal at the store Jihlava: Free of charge. See detail information below.
- The customer is charged the delivery expenses within the CR in the amount of 99,-CZK incl. VAT for a trade package up to 2kg. The charge for the weight exceeding 10kg is 189,-CZK incl. VAT for another business package. Method of delivery of the consignment: Package to the hand insured as Fragile.
- When ordering above 4000,-CZK incl. VAT is FREE of charge, unless exceeding 10kg. The customer will always be notified in advance of the package weight via phone or email.
- It is impossible to specify the weight of the package at closing of order in the order form immediately due to frequent changes in the product packaging and the product weight, therefore, our customers will be informed individually regarding the package shipping, i.e. exceeding the weight of the product over 10kg (including packing material of about 2kg),
- The package is normally delivered in 1-2 working days
It is not possible to guarantee the exact delivery hour. The packages are dispatched to the collection distribution centres and they are shipped on the following day by courier services according to the internal system and their delivery routes. If the recipient is not home, then he is contacted. It is in the buyer's own interest to indicate a valid telephone number and to select the right address of the delivery, where he could be found during the working time.
PERSONAL WITHDRAWAL at the store in JIHLAVA:
Goods for personal collection will be saved 1 week from its delivery to the destination Chlumova 5429 /1a, 586 01 Jihlava.
Opening hours: Monday – Friday 09.00-12.00
You can choose the payment options: cash payment, bank transfer, payment on deliver or online payment by credit card.
ONLINE payment may be made only by the final consumer. After the order, companies and gastro facilities will be sent a pro-forma invoice via the e-mail.
When you choose the payment method via bank transfer we will send you the invoiced amount in CZK with the number of our account electronically. The goods will be delivered to you after the charged sum is ascribed to our account no. 288 603 176/0300
If you want to choose payment in another currency (EUR only) let us know about this in the additional information when making your order. This option is possible only in choosing the method of payment: bank transfer. After subsequent dispatch of the goods from the warehouse, you will be sent a pro forma invoice electronically. Transfer from CZK to EUR will be carried out according to the current daily exchange rate issued by the Czech National Bank on the invoice issue date. The goods will be delivered to you after the invoiced amount is ascribed to our account no. 288 603 176/0300
If the stock is sold out, we will contact you via telephone or electronic form and we will propose a replacement option in the goods delivery. Based upon the electronic order a confirmation of your order is sent back to your email and the invoice is issued which the customer receives upon delivery.
Prices of the individual items are controlled by the current price list of HAYSIDE CZ s.r.o., which reserves the right to make changes to the current prices. Product prices are given including VAT in the statutory rate. The product prices are valid at the time of order placing.
Discount program for registered customers:
When the sum of orders is over CZK 20,000,- including VAT the customer receives a discount of 2% for the purchase.
When reaching the sum of orders over CZK 50.000,- including VAT the customer receives a discount of 5% for the purchase.
(TRANSPORT) DELIVERY AND TAKEOVER OF GOODS, POSSIBILITY TO REJECT HANDOVER THE GOODS
On the basis of the buyer's choice, the seller will deliver the goods to the place and in a manner the buyer determines in the order. The buyer is obliged to take over the goods thus delivered, otherwise the goods will be stored at his expense and will be re-dispatched after agreement at his expense. The seller shall deliver the goods according to the size and weight via the contractual transport services (hereinafter referred to as „transport service operator”).
Deliveries of goods will be implemented without delay, usually within 2 to 10 working days depending on availability of the seller's goods and operating options. In exceptional cases, or if the goods are not in stock, the delivery period may be longer, while the buyer will be informed by the seller upon discovery of this fact immediately. The place of delivery is determined on the basis of the buyer's order. The supply of the goods shall be deemed fulfilled by its delivery to the specified address (according to the option chosen for the goods delivery).
The consignment of goods always includes the tax receipt (invoice), or also dispatching or delivery note. The receipts (Act No. 112/2016 Coll., on registration of sales, as amended) are in statutory cases attached to the consignment with the goods or is sent electronically to the buyer by the seller to the email address mentioned in the order. The buyer expressly agrees that the choice of the method of issuing the receipts will be made by the seller, as well as the electronic form of receipts, if any.
Always carefully check integrity of the shipping container when taking over the goods (in the personal collection of the goods or from the transport operator). In case the packaging is damaged, indicate this information in the shipping report of the transport service operator.
The seller ensures transport service via operators throughout the Czech Republic. Shipping prices (below) are presented including VAT. The shipping costs of the goods differ according to the choice of the method.
In order to limit availability of alcoholic beverages to persons under 18 years of age, the packaging (parcel) of goods delivered will normally indicate that the package contains alcoholic beverages, including a warning that only a natural person who has reached 18 years of age is entitled to take over the package. The relevant employee of the transport operator shall hand the package over to the buyer only if he/she proves completing of 18 years of age by presenting his/ her identity card number of which shall be recorded. Otherwise, the buyer of will not be handed over the package containing the goods and the seller will be entitled to withdraw from the concluded sales contract.
WITHDRAWAL FROM THE CONTRACT BY THE BUYER – CONSUMER
In accordance with section § 1829 of the CC, the buyer-consumer has the right to withdraw from the sales contract without giving any reasons within 14 days of taking over the goods, respectively from receipt of the last delivery of the goods, if several types of goods are contained in the consignment. The purchase price shall be returned to the consumer if the buyer decides upon withdrawal from the sales contract within the specified period of time and if he complies with the conditions set out below. In accordance with the section § 1820, paragraph 1, item g) and the section §1832, paragraph 3 of the CC
the buyer shall bear the costs associated with returning the goods according to the section §1829 et seq. of the CC. This right shall serve for dealing with goods complaints.
- No later than 14th day after reception of the goods the buyer-consumer shall send its intent to the seller to withdraw from the sales contract.
- The buyer-consumer will send this intent (expression of his will) to the email address: firstname.lastname@example.org and he shall then also attach it to the goods which he will be returning to the seller;
- The buyer-consumer of the goods shall return the goods at his expense to the seller to the store address: Chlumova 5429 /1a, 586 01 Jihlava, no later than 14 days after withdrawal from the contract;
- The goods that the buyer-consumer will send in relation to the sales contract, shall not carry any signs of use, shall not be damaged (e.g. damaged seals, duty stamps, labels, etc.), incomplete (e.g. without any duty stamp, label, other accessories, warranty sheet, instructions, etc.) and shall be returned with a copy of the purchase receipt (the seller recommends to insure the goods against damage);
- If the value of the goods has been decreased (the goods are incomplete or damaged), the buyer shall provably compensate the missing value in money.
Subject to the conditions above, the buyer-consumer shall be returned the reimbursed price, in the same way as received or via the deposit or transfer according to previous agreement to the buyer’s account within 14 days of withdrawal from the sales contract. However, the seller is not obliged to reimburse the buyer-consumer the price paid by buyer-consumer before the buyer-consumer returns (delivers) the goods back.
WITHDRAWAL FROM THE CONTRACT BY THE SELLER
The seller is entitled to withdraw from the sales contract concluded with the buyer in case of apparent error in the price of the goods (i.e. price apparently different from the price for this type/kind of goods), unless it is clearly indicated in respect of the goods in question that they are provided in an „exceptional discount”" or „action” or other indication of similar meaning.The obvious error in the price of the goods is, for example, a misstatement of the first (last) three digits instead of the four, apparently low price of the goods (e.g. a 50% lower price than it is usual for this kind and type of goods usual) and other obvious typing errors. In the event that this situation arises, the seller will contact the buyer immediately for the purpose of making an agreement on the next steps. In the event that the buyer has already paid part or the whole purchase price, this amount will be transferred back to his account in the shortest possible period of time, unless other agreement is reached.
The seller is entitled to withdraw from the sales contract concluded with the buyer in the event that it turns out that the buyer is under age of 18 years (or the buyer does not prove his age in the manner as indicated above, for example presenting his identity documents) during handover of the goods or a package containing the goods, which is thereby infringing the conditions laid down by those GTC and the arrangements of the sales contract.
DEFECTIVE PERFORMANCE AND WARRANTY RIGHTS (COMPLAINTS)
Before the first use of the goods, the buyer shall thoroughly read the instructions for use of the goods and the possible warranty conditions, and then shall consistently follow this information. The period to exercise the rights under the seller’s liability shall commence by acceptation of the goods by the buyer.
In accordance with section § 2104 of the CC, the buyer is obliged to examine the goods as soon as possible after its acceptation and to verify its properties and quantities. If the buyer is not the consumer and damage is detected, the goods damage record shall be drawn up and the seller shall be obliged to provide reasonable discount or supply of new goods. Later claims of mechanical damage of goods cannot be then recognised.
A period of time for exercise of the rights from defective performance is established for 24 months for sale of the consumer goods. The seller’s liability for defects does not apply to normal wear and tear of the goods (or parts thereof) caused by the use.
The buyer-consumer shall have the following rights in the exercise of the rights from defective performance liability:
- the right to a free repair of the goods, if such a correction is possible;
- the right to withdraw from the sales contract can be applied if it is impossible to repair the goods and supply of new goods or replacement of its component is impossible (if the conditions of this right are fulfilled). In addition, it is possible to apply this right if the goods have multiple defects or cannot be properly used for repeated occurrence of defects after repair.
- the right to a supply of new goods or replacement of its parts, while this right is applicable where the supply of new goods or components is an adequate solution to the claim with regard to the nature of the defect. For this purpose, proportionality shall be assessed by considering, for example, that a defect cannot be eliminated by a correction or such a correction appears to be a non-economic solution. The consumer also has the right to supply of new goods or to replace of a component if the defect is removable, however the goods cannot be used properly due to repeated (after repair- i.e. if the same fault with the same manifestations occurs 3 times and such a defect has been corrected at least twice) or multiple defects;
For buyers who are not the consumers, the rights arising from the quality guarantee under section §2113 et seq. of the CC, shall apply.
The complaint will be processed without undue delay, and no later than in 30 calendar days from the date of filing the claim, unless the seller makes another agreement with the buyer in writing. After expiration of that period, the buyer-consumer has the same rights as if major breach of the sales contract occurred. The seller shall issue a written confirmation to the buyer-consumer confirming that buyer-consumer has filed a complaint, what is its content and what manner of its processing is required.
Besides, the seller will issue a confirmation to the buyer-consumer stating the date and method of processing of the claim, including a confirmation of repair to be carried out and the period of time necessary for the repair. If a complaint is rejected, the seller shall issue a written statement to the buyer-consumer containing the reasons for such rejection.
The rights arising from the defect liability shall be applied with the seller from which the goods have been purchased. However, if another entrepreneur is indicated in the warranty sheet designated for repair which is situated in the seller's place or in a place closer to the buyer, the buyer shall assert the right for repair with such entrepreneur designated to carry out the warranty repair.
In case of a defect, the buyer can contact the seller’s complaints department via electronic means at email@example.com. For more detailed information, the buyer can contact the customer service at 420602577584 directly. The buyer is obliged to notify the seller of the defect goods without undue delay after discovered.
The buyer shall have the right to be reimbursed the necessary costs incurred in respect of exercise of the right of defect liability. In the event of withdrawal from the contract due to defects in the goods, the buyer shall also be entitled to reimbursement of the costs necessarily incurred for such withdrawal.
The buyer’s-consumer’s complaint of the goods is governed by the relevant provisions of the Civil Code and the Consumer Protection Act.
EXTRAJUDICIAL SOLUTION OF THE CONSUMER DISPUTES
1. The Czech Trade Inspection is responsible for extrajudicial settlement of consumer disputes from the sales agreement, registered office: Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website address: https://adr.coi.cz/cs. The platform for dispute solution is located at http://ec.europa.eu/consumers/odr and it can be used to resolve disputes between the seller and the buyer from the sales contract.
2. European Consumer Centre, Czech Republic, registered office: Štěpánská 567/15, 120 00 Prague 2, website address: http://www.evropskyspotrebitel.cz is a contact point according to Regulation of the European Parliament and of the Council (EU) No. 524/2013 as of 21 May 2013 on resolution of the consumer disputes online and amended by Regulation (EC) No.2006/2004 and Directive 2009 /22/EC (Regulation on online resolution of consumer disputes).
When registering a customer at the internet store, the customer is obliged to provide accurate and true information required when purchasing the goods. If a customer changes the data, he is obliged to notify the changes immediately, either through the seller’s customer line or directly by managing the customer's account in the online shop.
During registration, the customer is prompted to create a password for his or her customer account. The customer is obliged to keep this password in secret and not share it with other people. The customer is fully responsible for all operations that are made from his or her account. The customer is obliged to inform the seller without undue delay if he/she has any suspicion of password misuse or made available to a third party. If there is a reasonable concern that there is or may be an abuse of the customer's account, the seller shall be entitled to block the customer's account, or to prompt him to change the password. The seller shall not be held liable for damages incurred to the customer as a result of disclosure or misuse of his or her password.
The seller is entitled to suspend or cancel the registration of the customer immediately if the seller reasonably believes that the customer is violating these GTC. Termination or withdrawal of the registration does not apply to those provisions of the GTC which, by their nature, remain.
SECURITY AND PROTECTION OF PERSONAL DATA, COPYRIGHT
Buyer’s information shall be processed in accordance with applicable and effective laws and other generally binding legal provisions of the Czech Republic, in particular with the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to processing of personal data and on free movement of such data and repealing Directive 95 /46/EC (the General Data Protection Regulation, hereinafter referred to as 'GDPR').
In this context, the seller shall inform the data subjects (natural persons, prop. the contact person of legal persons), that:
- The administrator of their personal data is the seller of the company HAYSIDE CZ s.r.o., ID 078 82 050, registered office: Chlumova 5429 /1a, 586 01 Jihlava, registered in the Commercial Register kept by the Regional Court in Brno, Section C, Entry no. 110761.
- If the processing of personal data is based upon a consent (e.g. in case of registration or transmission of personalised commercial communications), the customers shall have the right to revoke such consent at any time via e-mail sent to: firstname.lastname@example.org - without prejudice to the lawfulness of processing preceding to such consent withdrawal.
- The customers have the right to request access, correction or deletion of personal data and, when appropriate, processing restrictions, and the right to object processing, as well as the right of data portability and the right to file a complaint with the Office for Personal Data Protection.
- The customers have the right to object at any time against direct marketing;
- Providing of personal data for purposes of purchase via e-shop is the seller’s contractual requirement, and the buyer is not obliged to provide them, however, in such case sales contract cannot be concluded;
- The seller obtains the personal data directly from the data subjects;
- The rights above may be claimed by the data subjects via e-mail sent to email@example.com.
- The purpose of processing of their personal data is to perform the sales contracts concluded through the e-shop, the management of the user accounts in the e-shop and messaging of commercial communications. Consent of the data subject forms the legal basis for processing in case of purchase with registration (Article 6, paragraph 1, item b) of GDPR), fulfilment of the related seller’s legal obligations (Article 6, paragraph 1, item c) of GDPR) and necessity of processing for the purposes of legitimate interest of the common administrators (Article 6, paragraph 1, item f) of GDPR), which is to ensure the current level and improvement of e-shop operation and related mutual financial settlement of the common administrators and messaging of commercial communications.
- Recipients of their personal data may be, in particular, external providers of common administrators (e.g. providers of accounting, IT and similar services), as well as entities providing transportation of ordered goods to customers and any ancillary services (e.g. engravings) and, in statutory cases, the public authorities. Personal data shall not be transferred to third countries.
- The seller is entitled to transmit the customers’ personal data in the scope of e-mail addresses used in the context of purchases on e-shop website to the website operators of Heureka.cz for purposes of generating and sending the customer satisfaction survey in relation to the purchase within the Program “Verified by the Customers”, in which our e-shop is involved.
- Heureka.cz website operator is, in relation to the seller, in a position of personal data processor within the meaning of the section § 6 of the Act No. 101/2000 Coll. on personal data protection. Sending of e-mail addresses concerns all customers who have not expressly denied messaging of commercial communications within the meaning of the section § 7, paragraph 3 of the Act No. 480/2004 Coll. on certain information company services, and it is carried out after each purchase on the e-shop. Heureka.cz website operator is authorized to use forwarded email address solely for the purpose of generating and sending the customer satisfaction survey under the Terms of the Program “Verified by Customers”, which is available at: https://sluzby.heureka.cz/napoveda/podminky-a-dulezite-dokumenty/. Heureka.cz website operator keeps the forwarded e-mail address for the period during which the seller participates in the Program “Verified by Customers”,or until the customer expresses his or her disagreement with the messaging of commercial communications to the seller or directly to Heureka.cz website operator, which he/ she may manifest in every single survey.
- Personal data will be maintained for the period of time necessary for processing of the order (purchase without registration), meaning for the period of existence of the relevant user’s account (purchase with registration), for the duration of the warranty periods, liability for defects and limitation periods in relation to liability for damage caused by a defective product, as well as for the period of statutory deposition periods (e.g. in relation to tax documents).
All materials published in the seller’s e-shop presentation are protected by the Act No. 121/2000 Coll., on copyrights, rights related to copyrights and amendments of the respective laws, as amended, and other laws of the Czech Republic. The goods presented in the e-shop, information about the goods and its image may be protected by other rights of the concerned persons. Names and designations of goods, business firms, and company names may be registered trademarks of their respective owners.
The buyer provides an explicit consent to the seller for collection and processing of his or her personal data for the purposes of the sales contract performance (delivery of the goods) and use for the seller’s marketing purposes (especially for sending of commercial communications) until a written statement of the buyer’s disagreement with such processing is sent to the seller. In this case, an electronic form of the statement is also considered to be a written statement of disagreement, in particular via e-mail to: firstname.lastname@example.org. The purchaser has the right to be provided an access to his personal data and the right to rectify them.
The seller is entitled to change the General Terms and Conditions at any time. The new General Terms and Conditions shall be effective from the date of their publication on the e-shop presentation.
These General Terms and Conditions are valid and effective from19.05.2019.