Terms and Conditions
GENERAL TERMS AND CONDITIONS OF THE E-SHOP
of the trading company
ID: 26914913, VAT: CZ26914913,
with registered office at U Sadu 394, 691 27 Popice,
registered in the Commercial Register maintained by the Regional Court in Brno, file no. B 4845,
for the sale of goods through the on-line shop
located at the Internet address https://www.eshop.gotberg.cz
1. INTRODUCTORY PROVISIONS
1.1 These Terms and Conditions (hereinafter referred to as "Terms and Conditions" or "T&C") of Gotberg, a.s., with registered office
U Sadu 394, 691 27 Popice, identification number: 26914913, registered in the Commercial Register maintained by the Regional Court in
B 4845 (hereinafter referred to as the "Seller"), in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll,
Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on
on the basis of a contract of sale (hereinafter referred to as the "contract of sale") concluded between the seller and another natural person (hereinafter referred to as the "buyer")
through the Seller's online shop. The online shop is operated by the Seller on the website
located athttps://www.eshop.gotberg.cz (hereinafter referred to as the "Website"), through the following interface
website (hereinafter referred to as the "web interface").
1.2 The Terms and Conditions do not apply where a person who intends to purchase goods from the Seller is
a legal person or a person acting in the course of his business or in the course of his
independent exercise of a profession.
1.3 Deviating provisions from the terms and conditions may be agreed in the contract of sale.Deviating provisions in the contract of sale have
shall prevail over the provisions of the terms and conditions.
1.4 The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Contract and the Terms and Conditions are
are drawn up in the Czech language. The contract of sale can be concluded in the Czech language.
1.5 The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations of
arising during the period of validity of the previous version of the terms and conditions.
2. CONCLUSION OF THE PURCHASE CONTRACT
2.1 All presentation of the goods on the web interface of the shop is informative and the Seller is not
obliged to conclude a purchase contract in respect of such goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.
2.2 The web interface of the shop contains information about the goods, including the prices of individual goods and the costs for
the cost of returning the goods, if the goods by their nature cannot be returned by normal postal means. The prices of the goods are
are inclusive of value added tax and all related charges. The prices of the goods shall remain valid for the period of time that
they are displayed in the web interface of the shop. This provision does not restrict the seller's ability to conclude the purchase contract
on individually agreed terms.
2.3 The web interface of the shop also contains information on the costs associated with the packaging and delivery of the goods. Information on
costs associated with the packaging and delivery of the goods indicated in the web interface of the shop only apply in cases where the goods are
delivered within the territory of the Czech Republic.
2.4 To order goods, the buyer fills in the order form in the web interface of the shop. Order form
contains in particular information about:
2.4.1. the goods ordered (the buyer "inserts" the ordered goods into the electronic shopping cart of the web interface)
2.4.2. the method of payment of the purchase price of the goods, details of the desired method of delivery of the ordered goods and
2.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").
2.5 Prior to sending the Order to the Seller, the Buyer shall be allowed to check and amend the information included in the Order
the Buyer has entered, including with regard to the Buyer's ability to identify and correct errors made when entering data into the
the order. The Buyer sends the order to the Seller by clicking on the "Send order binding payment" button.
The information provided in the order is considered correct by the Seller. The Seller shall immediately upon receipt of the order
receipt to the Buyer by e-mail to the Buyer's e-mail address indicated in the user
account or in the order (hereinafter referred to as the "Buyer's electronic address").
2.6 The Seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, expected
shipping costs) ask the Buyer for additional confirmation of the order (for example, in writing or by telephone).
2.7 The contractual relationship between the Seller and the Buyer is established by delivery of the acceptance of the order, which is the Seller's
sent to the Buyer by electronic mail, to the Buyer's electronic mail address.
2.8 The Buyer agrees to the use of remote means of communication in concluding the purchase contract. Costs incurred
to the Buyer when using remote means of communication in connection with the conclusion of the Purchase Contract (costs of internet
connection costs, costs of telephone calls) shall be borne by the Buyer himself and shall not differ from the basic rate.
3. PRICE OF GOODS AND PAYMENT TERMS
3.1 The Buyer may pay the price of the Goods and any costs associated with the delivery of the Goods under the Purchase Contract to the Seller
in the following ways:- by credit card online (via payment gateway);- by wire transfer to the Seller's account no.
1394165389/0800, kept at Česká spořitelna, a.s. (hereinafter referred to as the "Seller's account");
3.2. Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with packaging and delivery of the goods in
the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
3.3 The Seller does not require a deposit or any other similar payment from the Buyer. This is without prejudice to the provisions of Article 3.6 of the GTC
regarding the obligation to pay the purchase price of the goods in advance.
3.4 In case of non-cash payment, the purchase price is due within 7 days from the conclusion of the purchase contract.
3.5 In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol
of the payment (the order number is given). In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled
at the moment of crediting the relevant amount to the Seller's account.
3.6 The Seller shall always be entitled, not only in the event that there is no additional confirmation from the Buyer
2.6 of the GTC), to demand payment of the full purchase price before the goods are sent to the Buyer. Provisions of § 2119
paragraph 1 of the Civil Code shall not apply.
3.7 Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
3.8 If it is customary in the course of business or if provided for by generally binding legal regulations, the Seller shall issue
an invoice to the Buyer in respect of payments made under the Purchase Contract. The Seller is liable for value added tax.
The seller shall issue an invoice (receipt) to the buyer after payment of the price of the goods and send it in electronic form to the electronic
address of the buyer.
4. WITHDRAWAL FROM THE PURCHASE CONTRACT
4.1 The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from the contract of sale for, inter alia
the delivery of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract, with the proviso that delivery can only be made
after a period of thirty days and whose actual value depends on market fluctuations independent of the entrepreneur's will, and
the supply of goods made to the consumer's requirements or adapted to his personal needs, and the supply of goods,
perishable or short-lived goods and goods which, after delivery, have been rendered perishable by reason of their
irretrievably mixed with other goods.
4.2 Unless it is a case referred to in Article 4.1 of the GTC or another case where the purchase contract cannot be withdrawn from, the buyer has the right to
in accordance with the provisions of Section 1829(1) of the Civil Code, the Purchaser has the right to withdraw from the Purchase Agreement within fourteen (14) days of
receipt of the goods, provided that if the subject of the purchase contract is several types of goods or the delivery of several parts, the
this period shall run from the date of receipt of the last delivery of the goods. Withdrawal from the purchase contract must be sent to the seller within
referred to in the previous sentence. The Buyer may use the model form provided by the Seller to withdraw from the Purchase Contract.
The Buyer may send the withdrawal from the Purchase Contract, inter alia, to the address of the Seller's registered office.
4.3 In the event of withdrawal from the Purchase Agreement pursuant to Article 4.2 of the GTC, the Purchase Agreement shall be cancelled from the outset. The goods must be delivered by the buyer
returned to the Seller within fourteen (14) days of the delivery of the withdrawal from the Purchase Agreement to the Seller. If the Buyer withdraws from the
the purchase contract, the buyer shall bear the costs of returning the goods to the seller, even if the goods cannot be
returned due to its nature by normal postal means.
4.4. In the event of withdrawal from the purchase contract according to Article 4.2 of the GTC, the Seller shall return the funds received from the Buyer to
fourteen (14) days after the Buyer has withdrawn from the Purchase Agreement, in the same manner as the Seller receives from the Buyer
received. The Seller shall also be entitled to return the performance provided by the Buyer upon the return of the goods by the Buyer or
in any other way, provided that the Buyer agrees to this and no additional costs are incurred by the Buyer. If the buyer withdraws from the
the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods to the seller
or proves that he has sent the goods to the seller.
4.5 The Seller shall be entitled to unilaterally set off any claim for damages to the goods against the Buyer's claim for
reimbursement of the purchase price.
4.6 In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of Section 1829(1) of the Civil Code
the Seller is also entitled to withdraw from the Purchase Contract at any time until the Buyer has taken delivery of the goods. V
In such a case, the Seller shall refund the purchase price to the Buyer without undue delay, without cash payment to the account of
designated by the buyer.
4.7 If a gift is given to the Buyer together with the goods, the gift contract between the Seller and the Buyer shall be concluded with
the condition precedent that if the contract of purchase is cancelled by the buyer, the gift contract in respect of such
gift and the buyer is obliged to return the gift to the seller together with the goods.
5. TRANSPORT AND DELIVERY OF GOODS
5.1 In the event that the method of transport is agreed on the basis of a special request by the Buyer, the Buyer shall bear the risk and any
additional costs associated with this method of transport.
5.2 If the seller is obliged under the contract of sale to deliver the goods to the place specified by the buyer in the order, the buyer shall
is obliged to take delivery of the goods on delivery.
5.3 If, for reasons on the Buyer's side, the goods have to be delivered repeatedly or by a different method than that 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 other
method of delivery.
5.4 On 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
any defects, he shall immediately notify the carrier. In the event of a breach of the packaging indicating that the shipment has been tampered with
the buyer may not accept the shipment from the carrier.
5.5 Other rights and obligations of the parties in the carriage of the goods may be regulated by the seller's special delivery conditions, if they are
issued by the Seller.
5.6 Unless a time of performance is agreed, the seller shall hand over the goods to the buyer without undue delay after the conclusion of the contract,
however, at the latest within thirty days (§ 2159 of the Civil Code).
6. RIGHTS FROM DEFECTIVE PERFORMANCE
6.1 The rights and obligations of the parties regarding rights of defective performance shall be governed by the applicable generally binding regulations
(in particular the provisions of Sections 1914 to 1925, 2099 to 2117 and 2158 to 2174 of the Civil Code).
6.2 The Seller shall be liable to the Buyer that the Goods are free from defects upon receipt. In particular, the Seller shall be liable to the Buyer that the
the time when the buyer took over the goods:
6.2.1. the goods have the characteristics agreed between the parties and, in the absence of agreement, have such characteristics that the seller or
described by the seller or the manufacturer or which the buyer expected having regard to the nature of the goods and on the basis of the advertising carried out by them,
6.2.2. the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used
6.2.3. the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by
the agreed sample or specimen,
6.2.4. the goods are in the appropriate quantity and measure,
6.2.5. the goods comply with the legal requirements.
6.3 The provisions set out in Article 6.2 of the GTC shall not apply to goods sold at a lower price for a defect for which the lower price was
was agreed for, or if it results from the nature of the goods.
6.4 If a defect becomes apparent within twelve months of receipt, the goods shall be deemed to have been defective upon receipt.
The buyer is entitled to claim the right to claim a defect which occurs in consumer goods within twenty-four months of receipt.
6.5 The rights from defective performance shall be asserted by the Buyer at the Seller's registered office or in another mutually agreed manner.
7. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1 The Buyer acquires ownership of the Goods upon payment of the full purchase price of the Goods.
7.2 The Seller shall not be bound by any code of conduct in relation to the Buyer within the meaning of section 1826(1)(e)
of the Civil Code.
7.3 Consumer complaints are handled by the Seller via the electronic email@example.com.
The Seller shall send information on the handling of the Buyer's complaint to the Buyer's electronic address.
7.4 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. Dispute Resolution Platform
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 from the purchase contract.
7.5. the European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00Praha 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 (EC) No 2006/2004 and Directive 2009/22/EC
(Regulation on online dispute resolution for consumer disputes).
7.6 The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
8. DATA PROTECTION
8.1 The protection of personal data of the buyer, who is a natural person, is provided by the Regulation of the European Parliament and of the Council
(EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free
movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
8.2 The Buyer has been informed of the details regarding the processing of personal data by the Seller(as data controller), namely
in a separate document entitled "Instructions and information on the processing of personal data" (see website www.gotberg.cz).
8.3 The Buyer acknowledges that the Seller is entitled to process personal data for the purposes of exercising the rights and
obligations under the Purchase Contract, or in the future for the purpose of maintaining the User Account.
8.4 The Buyer acknowledges that he/she is obliged to provide his/her personal data (when registering, when placing an order from the web
the shop interface) to provide correct and truthful information and that he is obliged to inform the Seller without undue delay of any change in
his/her personal data.
8.5 The Seller may delegate the processing of the Buyer's personal data to a third party as a processor. In addition to the persons
transporting the goods, personal data shall not be passed on by the Seller to third parties without the Buyer's prior consent.
8.6 Personal data will be processed for an indefinite period of time. Personal data will be processed in electronic form
in an automated manner or in hard copy after a period of time in a non-automated manner.
8.7 The Buyer confirms that the personal data provided is accurate and that he/she has been advised that it is voluntary
The personal data is provided voluntarily.
8.8 Should the Buyer believe that the Seller or the Processor (Article 8.5 of the GTC) is processing his
personal data which is contrary to the protection of the private and personal life of the Buyer or contrary to the law, in particular
if the personal data is inaccurate with regard to the purpose of its processing, it may:
8.8.1. ask the seller or processor for an explanation,
8.8.2. require the seller or processor to remedy the situation.
8.9 If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information.
The Seller shall be entitled to charge a reasonable fee for the provision of the information referred to in the preceding sentence, not exceeding the cost of
necessary to provide the information.
9.1 Notifications concerning the relationship between the seller and the buyer, in particular concerning the withdrawal from the purchase contract, must be
be delivered by post in the form of a registered letter, unless otherwise specified in the purchase agreement. Notices shall be delivered to the relevant
contact address of the other party and shall be deemed to have been delivered and to have taken effect at the time of delivery by post, except
a notice of withdrawal made by the buyer, in which case the withdrawal shall be effective if the notice is given by the buyer within the period for
of withdrawal is sent.
9.2 A notice whose receipt has been refused by the addressee and which has not been collected within the storage period shall also be deemed to have been delivered,
or returned as undeliverable.
9.3 The Parties may deliver ordinary correspondence to each other by electronic mail to the following address
e-mail address specified by the Buyer in the order, or to the address specified on the Seller's website.
10. FINAL PROVISIONS
10.1 If the relationship established by the Purchase Contract contains an international (foreign) element, then the parties agree that the relationship shall
shall be governed by Czech law. This is without prejudice to the consumer's rights under generally binding legislation.
10.2 If any provision of the terms and conditions is or becomes invalid or ineffective, instead of the invalid
provisions, the provision whose meaning is as close as possible to the invalid provision shall prevail. Invalidity or ineffectiveness
of one provision shall not affect the validity of the other provisions. Amendments and supplements to the contract of sale or the terms and conditions
shall be in writing.
10.3 The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
10.4 The sample form for withdrawal from the purchase contract and the instructions and information on
processing of personal data.
In Prague on 13.1.2023