COMMERCIAL CONDITIONS
The MEN Distillery s.r.o. Company
Headquarters: Petr Bezruč 31, Hostouň, 345 25
Identification number: 026 66 596
registered in the commercial register kept at the regional court in Plzen, Section C, insert 37 927
for the sale of goods through on-line trade at the www.hombresgin.com internet address.
1. INTRODUCTORY PROVISIONS
1.1. These commercial conditions (hereinafter only ,,commercial conditions,,) of the company HOMBRES Distillery s.r.o. with its heaquarters at Petra Bezruče 31, Hostouň, written in the commercial register kept at the regional court in Plzen, section C, insert 39 927 (hereinafter only „the seller“) define in accordance with provision § 1751 for. 1 of law no. 89/2012 Coll.,of the citizens code in the version of the latest regulations (hereinafter only „the citizens code“) the mutual rights and responsibilities of the contract parties arising in relation to or on the basis of a purchase contract (hereinafter only a „purchase contract“) entered into between the seller and another physical person (hereinafter only a „purchaser“) through the internet shop of the seller. The internet store is operated by the seller at the internet address www.hombresgin.com (hereinafter only the „web page“), and that through a web page interface (hereinafter only „web shop interface“).
1.2. The commercial conditions do not apply to a situation where the person who intends buying goods from the seller is a legal entity or a person who acts when ordering goods as part of his commercial activities or as part of his independent carrying out of a trade.
1.3. Provisions differing from the commercial conditions can be negotiated in the purchase contract. Differing provisions in the purchase contract take precedence over the provisions of the commencial conditions.
1.4. The provisions of the commercial conditions are an indivisible part of the purchase contract. The purchase contract and commercial conditions are prepared in the Czech language. The purchase contract can be entered into in the Czech language.
1.5. A version of the commercial conditions can be altered or added to by the seller. These provisions do not affect the rights and responsibilities created during the period of effectivity of a previous version of the commercial conditions.
2. USER ACCOUNT
2.1. On the basis of registration of the purchaser carried out on the web page, the purchaser can enter his user interface. The purchaser can carry out purchases of goods through his user interface (hereinafter only „user account“). The purchaser can also make purchases without registration directly from the the web interface of the shop.
2.2. When registering on the web page and when ordering goods the purchaser must give all details correctly and truthfully.The purchaser must update all changes to their details in the user account whenever they change. The details given by the purchaser in the user account and when ordering goods are regarded as correct by the seller.
2.3. Access to the user account is protected by a user name and password. The purchaser must maintain the secrecy of the information needed for access to his user account.
2.4. The buyer is not permitted to allow the use of his user account by third parties.
2.5. The seller can cancel a user account, in particular in cases where the purchaser does not use his user account for more than 30 days, or in a case that the purchaser does not meet his responsibilities under the purchase contract (including the commercial conditions).
2.6. The purchaser notes that the user account may not be accessible at all times, in particular in light of necessary maintenance of the hardware and software equipment of the seller, or necessary maintenance of the hardware and software equipment of third parties.
3. ENTERING A PURCHASE CONTRACT
3.1. The entire presentation of goods placed on the web interface of the shop is of an informative character and the seller is not required to enter into a purchase contract with regard to thes goods. Provision § 1732 for. 2 of the citizens code is not used.
3.2. The web interface of the shop contains information about goods, and that includes listing prices for the individual goods and the costs of returning goods, if these goods by reason of their nature can not be returned by the usual postal means. The price of goods are listed including value added tax and all other related fees. The price of the goods remains valid for the period for which they are displayed on the shops web interface. This provision does not limit the possibility of the seller to enter into purchase contracts for individually negotiated conditions.
3.3. The shops web interface also contains information on the costs related to wrapping and supplying goods. Information on the costs related to wrapping and supplying goods listed on the shops web interface only apply to cases where the goods are delivered within the Czech Republic.
3.4. To order goods the buyer fills in the order form in the shops web interface. The order form in particular contains information about:
3.4.1. the ordered goods (ordered goods are‚‘‘placed‘‘ by the purchaser into the electronic shopping basket of the shops web interface),
3.4.2. the method of payment of the price of the goods, details concerning the requested method of delivering the goods and
3.4.3. information on the costs related to supplying the goods ( hereinafter jointly known only as the ‘‘order‘‘)
In cases where prices are given, where it is clear that a mistake has been made in text and numbers, this price is not binding and a purchase contract is not entered into.
3.5. Before sending an order to the seller, the purchaser is allowed to check and change details which the purchaser put into the order, and this is in relation to allowing the purchaser to check and correct mistakes which occurred when entering data into the order. The purchaser sends the order to the seller by clicking on the ‚‘‘Complete Order‘‘ button. The details given in the order are assumed by the seller to be correct. On recieving the order the seller shall confirm the order reciept to the purchaser without delay by electronic post to the electronic address of the purchaser given in the user account or in the order (hereinafter only the ‚‘‘electronic address of the purchaser‘‘).
3.6. The seller may require additional confirmation on the order from the purchaser (for instance in writing or by telephone) depending on the character of the order (amount of goods, purchase price level, assumed transport costs).
3.7. The contract relationship between the seller and the purchaser is created by the delivery of an acceptance of the order (acceptance), which the seller sends to the purchaser by electronic mail to the electronic postal address of the purchaser.
3.8. The purchaser agrees to the use of long distance communication means when entering into contracts. The costs incurred by the purchaser when using long distance communications means when entering into contracts (costs of an internet connection, costs of telephone calls) are paid by the purchaser, where these costs do not differ from the basic rates.
4. PRICE OF GOODS AND PAYMENT CONDITIONS
4.1. The price of goods and any costs related to supplying the goods in accordance with the purchase contract can be paid by the purchaser to the seller in the following ways: In cash at the office of the seller at Petra Bezruče 31, Hostouň, 345 25;
By cashless transfer to the account of the seller no.2109923588/2700, kept at UniCredit Bank Czech Republic and Slovakia, a.s. (hereinafter only „the sellers account“);
by cashless transfer through the The Pay system;
by a cashless payment card;
4.2. Together with the purchase price the buyer is also required to pay the seller costs related to the wrapping and supply of goods in the contracted amount. If it is not not stated otherwise, it is understood that the purchase price also includes the costs related to delivering the goods.
4.3. The seller does not require a deposit or similar payment from the purchaser. This does not affect provision no. 4.6 of the commercial conditions concerning paying the purchase price of goods in advance.
4.4. In case of payment in cash, the purchase price is payable on reciept of goods. In the case of cash free payments, the purchase price is payable after ordering the goods and before they are actually sent.
4.5 In the case of cashless payments, the purchaser must pay the purchase price of the goods together with the variable symbol of the payment. In the case of cashless payments, the responsibility of the purchaser to pay the purchase price is met at the point at which the relevant amount is recorded as arriving on the account of the seller.
4.6. The seller may, particularly in cases where the purchaser has not made adequate confirmation of the order (art. 3.6), to request the payment of the entire purchase price before the goods are sent to the purchaser. Provision § 2119 for. 1 of the citizens code is not used.
4.7. Any price discounts given by the seller to the purchaser cannot be mutually combined.
4.8. If it is a common commercial practice or it is provided for in generally binding legal regulations, the seller will raise a tax document – Invoice in relation to payments made on the basis of a purchase contract. The seller is registered for value added tax. The tax document – invoice – is raised by the seller for the purchaser after the goods have been paid for and he will send it in an electronic form to the electronic address of the purchaser.
4.9. In accordance with the law on recording sales, the seller must give the purchaser a reciept. At the same time he is required to record the receipts with the tax authorities online; in the case of a technical breakdown however, within 48 hours.
5. WITHRAWAL FROM A PURCHASE CONTRACT
5.1. The purchaser notes that, according to provision § 1837 of the citizens code, it is not possible among other things to withdraw from a contract to supply goods, which were altered according to the wish of the purchaser or for his person, from a purchase contract to supply goods, which go off quickly, and also goods which after being delivered were irretriviably mixed with other goods, from a purchase contract for goods in a closed wrapping, which the consumer removed from the wrapping and which for hygienic reasons can‘t be returned and from purchase contracts for the supply of sound or picture recordings or computer programs if he damaged their original wrapping.
5.2. If it does not concern a case listed in article 5.1 of the commercial conditions or another case where it is not possible to withdraw from the purchase contract, the purchaser has the right in accordance with provision § 1829 para. 1 of the citizens code to withdraw from the contract for up to 14 days from the date of recipt of the goods, where in a case that the subject of the purchase contract was several types of goods or supplied in a number of parts, this date runs from the date of receipt of the last supply of goods. Withdrawal from the contract must be sent to the seller by the time given in the previous sentance. In order to withdaw from the purchase contract the purchaser can use the sample form provided by the seller, which is an attachment to the commercial conditions. The purchaser can send the withdrawal from the purchase contract among other plces to the address of the sellers office or to the electronic postal address of the seller, shop@hombresgin.com.
5.3. In case of withdrawal from the purchase contract according to article 5.2 of the commercial conditions the purchase contract is cancelled from its beginning. The goods must be returned by the purchaser to the seller within (14) days of the delivery of the withdrawal from the purchase contract to seller. If the purchaser withdraws from the purchase contract, the purchaser pays the costs of returning the goods to the seller, including in cases where the goods cannot be returned due to their nature by the usual postal methods.
5.4. In case of withdrawal from the purchase contract in accordance with art. 5.2 of the commercial conditions, the seller shall return the payment recieved from the purchaser within (14) days of the withdrawal from the contract by the purchaser and in the same way as he accepted it from the purchaser. The seller is also entitled to return the payment provided by the purchaser on return of the goods by the purchaser or by other means if the purchaser agrees and it does not result in extra costs for the purchaser. If the purchaser withdraws from a purchase contract, the seller is not required to return the payment to the purchaser before the purchaser returns the goods to him or he proves he has sent the goods to the seller.
5.5. The seller has the right to deduct payment for damage which occurred to the goods from the amount owed to the purchaser as the purchase price.
5.6. In cases where the purchaser has, in accordance with § 1829 para. 1 of the citizens code the right to withdraw from the contract, the seller is also permitted to withdraw from the contract up to the point where the receipt of the goods by the purchaser. In such a case the seller returns the purchaser the purchase price without unnecessary delay in a cashless transfer to the account of the purchaser.
5.7. If in addition to the goods, the purchaser is supplied with a gift, a gift contract is entered into between the seller and the purchaser under the condition that if the purchaser withdraws from the contract, the related gift contract is also terminated and the purchaser must return the gift provided along with the goods.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. In cases where the method of transport is contracted on the basis of the special requirements of the purchaser, the purchaser carries the risk and possible additional costs related to this method of transport.
6.2. If the seller is required under the purchase contract to supply the goods to a specific place determined by the purchaser in the order, the purchaser is required to accept the goods when delivered.
6.3. In cases where for reasons on the side of the purchaser it is necessary to deliver the goods repeatedly or by another means than was given in the order, the purchaser must pay the costs related to repeated deliveries of the goods, or the costs related to an alternative means of delivery.
6.4. On reciept of goods from the transporter the purchaser must check that the wrapping of the goods has not been damaged and in case of any defect whatsoever announce this to the transporter without delay. In the case of damage to the wrapping which appears to be due to unauthorised opening of the delivery, the purchaser does not have to accept the delivery from the transporter.
6.5. Other rights and responsibilities of the parties during the transport of goods can be altered by the special delivery conditions of the seller, if they have been issued by the seller.
7. RIGHTS FROM DEFECTIVE FULFILLMENT
7.1. The rights and responsibilities of the contract parties with regard to defective fulfilment are given by the relevant generally binding legal regulations (in particular provisions § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the citizens code and law no. 634/1992 Coll., concerning consumer protection, in the latest version of the regulations).
7.2. The seller is responsible to the purchaser that the goods are free from defects on handover. In particular the seller is responsible to the purchaser that at the point when the purchaser recieved the goods:
7.2.1. the goods have characteristics, which the parties negotiated, and if there was no agreement, have characteristics which the seller or manufacturer described or which the purchaser expected in light of the nature of the goods and on the basis of the advertising made for them.
7.2.2. the goods are suitable for the purpose which the sellers advertises or which goods of this type usually have,
7.2.3. the goods correspond in quality or their manufacture to a contractual specimen or model,if the quality or manufacture were determined in accordance with a contract sample or model,
7.2.4. the goods are in the correct quantity, amount or weight and
7.2.5. The goods comply with legal regulations.
7.3. The provisions listed in art. 7.2 of the commercial conditions are not used for goods sold at a lower price due to a defect, for which a lower price was negotiated ,for wear of goods caused by their usual use, for used goods for a defect which corresponds to its level of use or wear, which the goods had when accepted by the purchaser or which flow from the nature of the goods.
7.4. If a defect becomes apparent during the six months from handover, it is accepted that the goods were defective at handover. The buyer is entitled to claim defect rights on defects which appear in consumer goods within a period of 24 months from reciept.
7.5. The rights of defective fulfilment is claimed by the purchaser from the seller at the adress of his office, in which the acceptance of the claim is possible in light of the range of sold goods or in the seat or place of business.
7.6. Further rights and responsibilities of the parties related to the responsibility of the seller for defects can be laid down in sellers complaints system.
8. OTHER RIGHTS AND RESPONSIBILITIES OF THE CONTRACT PARTIES
8.1. The purchaser acquires ownership of the goods after paying the entire purchase price of the goods.
8.2. The seller is not in relation to the purchaser bound by any behaviour codes in the meaning of provision § 1826 for. 1. e) of the citizens code.
8.3. The resolution of complaints is ensured by the seller through the shop@hombresgin.com. electronic address. Information concerning the resolution of a complaint of a purchaser is sent by the seller to the purchasers electronic address.
8.4. The Czech Commercial Inspectorate, based at Stepanska 567/15, 120 00 Prague 2, IR: 000 20 869, internet address: https://adr.coi.cz/cs., is the relevant non-court body to reslove consumer disputes over purchase contracts. The platform for resolving disputes on-line which can be found at the http://ec.europa.eu/consumers/odr internet address can be used to resolve disputes between sellers and purchasers under a purchase contract.
8.5. The European consumer centre of the Czech Republic with its headquarters at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point in accordance with the Regulation of the European Parliament and Council (ME) no. 524/2013 dated 21. May 2013 concerning resolving consumer disputes on-line and concerning the changes to Regulation(EC) no. 2006/2004 and Directive 2009/22/EC (regulation concerning the resolution of consumer disputes on-line.
8.6. The seller is entitled to sell goods on the basis of a trade licence. Trading checks are carried out as part of its role by the local trade licencing office. Monitoring of the area of protection of personal data is carried out by the Office for the protection of personal data. The Czech commercial inspectorate carries out to a limited extent, among other things, monitoring of the upholding of law no. 634/1992 Coll., concerning consumer protection, in the latest version of the regulations.
8.7. The purchaser through this takes upon himself the danger of changes of circumstances in the sense of § 1765 for. 2 of the citizens code.
9. PROTECTION OF PERSONAL DATA
9.1. The seller processes the persoal details of the purchaser, Further information on this processing can be found here.
10. CLOSING PROVISIONS
10.1. If a relationship based on a purchase contract contains an international (foreign) element, the parties agree that the relationship in managed under Czech law.
10.2. In choosing a legal system according to this article of the commercial conditions the consumer does not have their protections, which are guaranteed by the legal systems provisions, removed, which can not be varied by contract and which in case of a lack of choice of a legal system would use the provisions of art. 6 for. 1 Regulation of the European Parliament and Council (Ec) no. 593/2008 dated 17. June 2008 concerning the legal system decisive for deciding contractual commitment relationships. (Rome I).
10.3. If any of the provisions of commercial conditions are invalid or ineffective, or they become so, instead of the invalid provision, a provision is created whose meaning approaches the meaning of the invalid provision as much as possible.The invalidity or ineffectivity of one provision shall not affect the validity of the other provisions.
10.4. The purchase contract including the commercial conditions is archived by the seller in an electronic form and is not accessible.
10.5. A sample form for withdrawal from a purchase contract forms an attachment to the commercial conditions.
10.6. Contact details for the seller: Delivery address Petra Bezruče 31, Hostouň, 345 25 electronic postal address: shop@hombresgin.com, telephone: 605 333 363.
In Hostouň 30.6.2020
Libor Zbojan
