Terms and Conditions
These general terms and conditions ("Terms and Conditions") of BeerPeak s.r.o., with its registered office at Lidická 303/35, Prague 5, 150 00, ID No. 216 22 141, registered in the Commercial Register under file No. C 404047 kept by the Municipal Court in Prague, e-mail pivoteka@beerpeak.cz, telephone number 773 710 370 ("We" or "Seller") regulate, in accordance with the provisions of Section 1751 par. 1 of Act No. 89/2012 Coll., the Civil Code, as amended (the "Civil Code"), the mutual rights and obligations of You as buyers and Us as sellers arising in connection with or on the basis of a purchase contract (the "Contract") concluded through the E-shop on the www.beerpeak.cz Website.
All information about the processing of your personal data is contained in the Terms of Personal Data Protection.
The provisions of these Terms and Conditions form an integral part of the Agreement. The Contract and the Terms and Conditions are drawn up in the Czech language. We may unilaterally change or supplement the wording of the Terms. This provision is without prejudice to the rights and obligations arising during the period of effectiveness of the previous version of the Conditions.
As you know, we communicate primarily remotely. Therefore, it also applies to our Contract that means of distance communication are used, which allow us to agree without the simultaneous physical presence of Us and you, and the Contract is thus concluded remotely in the E-shop environment, through the website interface ("E-shop web interface").
If any part of the Terms contradicts what We have jointly agreed to in the process of Your purchase on Our Online Shop, that particular agreement will take precedence over the Terms and Conditions.
I. SOME DEFINITIONS
- Price is the amount of money you will pay for the Goods;
- Shipping Price means the amount of money you will pay for the delivery of the Goods, including the price of packing them;
- The total price is the sum of the Price and the Shipping Price;
- VAT is a value added tax according to valid legal regulations;
- Invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price;
- Order means Your irrevocable proposal to enter into a Contract for the Purchase of Goods with Us;
- User Account is an account established on the basis of the data provided by you, which allows the storage of the entered data and the history of the ordered Goods and concluded Contracts;
- You are the person shopping on Our E-shop, legally referred to as the buyer;
- Goods are everything you can buy on the E-shop.
II. GENERAL PROVISIONS AND INSTRUCTIONS
1. The purchase of the Goods is only possible through the web interface of the E-shop.
2. When purchasing Goods, You are obliged to provide Us with all information correctly and truthfully. We will therefore consider the information You provided to Us when ordering the Goods to be correct and true.
III. CONCLUSION OF THE CONTRACT
1. The contract with Us may only be concluded in the Czech language.
2. The Contract is concluded remotely through the E-shop, while the costs of using the means of distance communication are paid by you. However, these costs are no different from the basic rate You pay for the use of these funds (i.e. in particular for internet access), so You do not expect any additional costs charged by Us beyond the Full Price. By submitting an Order, you agree that we use the means of remote communication.
3. In order for us to conclude the Agreement, you need to create a draft Order in the E-shop. The following information must be included in this proposal:
a) Information about the purchased Goods (in the E-shop, you mark the Goods you are interested in purchasing with the "Add to cart" button);
b) Information about the Price, the Shipping Price, the method of payment of the Total Price and the requested method of delivery of the Goods; this information will be entered as part of the creation of the draft Order within the user interface of the E-shop, while information about the Price, Shipping Price and Total Price will be provided automatically on the basis of the Goods you have selected and the method of delivery;
c) Your identification and contact data used for us to deliver the Goods, in particular your name, surname, delivery address, telephone number and e-mail address;
d) In the case of a Contract under which we will deliver the Goods to you regularly and repeatedly, also information on how long we will deliver the Goods to you.
4. During the creation of the draft Order, the Child may change and check the data until it is created. After the check, you will create the Order by pressing the "Order binding to payment" button. However, before pressing the button, you must confirm your acquaintance and acceptance of these Terms, otherwise it will not be possible to create an Order. A check box is used to confirm and agree. After pressing the "Order binding to payment" button, all completed information will be sent directly to Us.
5. We will confirm Your Order to You as soon as possible after it has been delivered to Us by sending a message to Your e-mail address provided in the Order. The confirmation will include a summary of the Order and these Terms and Conditions. By confirming the Order on our part, the Contract between Us and You is concluded. The Terms and Conditions in the version effective on the date of the Order form an integral part of the Agreement.
6. There may also be cases where we are unable to confirm your Order. This is especially the case when the Goods are not available or when you order a larger number of Goods than we allow. However, we will always provide you with information about the maximum number of Goods in advance within the E-shop and should not be surprising to you. In the event that there is any reason for which we cannot confirm the Order, we will contact you and send you an offer to conclude the Agreement in an amended form compared to the Order. In such a case, the contract is concluded when you confirm Our offer.
7. In the event that a clearly incorrect Price is stated in the E-shop or in the draft Order, we are not obliged to deliver the Goods to you at this Price even if you have received an Order confirmation and therefore the Contract has been concluded. In such a situation, we will contact you immediately and send you an offer to conclude a new Contract in an amended form compared to the Order. In such a case, a new Contract is concluded when you confirm Our offer. If you do not confirm Our offer within 3 days of sending it, we are entitled to withdraw from the concluded Contract. An obvious error in the Price is considered, for example, if the Price does not correspond to the usual price at other sellers or a figure is missing or excessive.
8. In the event that the Contract is concluded, you are obliged to pay the Total Price.
9. If you have a User Account, you can place an Order through it. Even in this case, however, you are obliged to check the accuracy, truthfulness and completeness of the pre-filled data. However, the method of creating an Order is the same as in the case of a buyer without a User Account, but the advantage is that it is not necessary to fill in your identification data repeatedly.
10. In some cases, we allow you to use a discount on the purchase of Goods. To provide a discount, you must fill in the information about this discount in a predetermined field as part of the Order proposal. If you do so, the Goods will be provided to you at a discount.
IV. USER ACCOUNT
1. On the basis of your registration in the E-shop, you can access your User Account.
2. When registering a User Account, you are obliged to provide correct and truthful information and to update it in the event of a change.
3. Access to the User Account is secured by a user name and password. Regarding these access data, you are obliged to maintain confidentiality and not to provide this data to anyone. In the event that they are misused, we are not responsible for it.
4. Your user account is personal and you are not entitled to allow third parties to use it.
5. We may close your User Account, especially if you breach your obligations under the Agreement.
6. The User Account may not be available continuously, especially with regard to the necessary maintenance of hardware and software.
V. PRICE AND PAYMENT TERMS, RESERVATION OF OWNERSHIP
1. The price is always stated within the E-shop, in the draft Order and, of course, in the Contract. In the event of a discrepancy between the Price stated for the Goods in the E-shop and the Price specified in the draft Order, the Price stated in the draft Order shall apply, which shall always be identical to the price in the Contract. The draft Order also includes the Price for Shipping, or the conditions when shipping is free.
2. The total price includes all fees stipulated by law.
3. We will require payment of the Total Price from you after the conclusion of the Contract and before handing over the Goods. You can pay the Total Price in the following ways:
a) Online bank transfer. In such a case, the payment is made via the customer's internet banking through the Comgate payment gateway, and the payment is governed by the terms and conditions of this payment gateway. In the case of online payment by bank transfer, the total price is payable within 7 days of completing the order.
b) By card online. In this case, the payment is made through the Comgate payment gateway, and the payment is governed by the terms and conditions of this payment gateway. In case of online card payment, the total price is payable within 7 days of completing the order.
c) In cash at personal collection. Cash can be used to pay for the Goods in the event of receipt at Our premises. In the case of payment in cash upon personal collection, the Total Price is payable upon receipt of the Goods.
4. The invoice will be issued in electronic form after payment of the Full Price and will be sent to your e-mail address. The invoice will also be physically attached to the Goods and available in the User account.
5. Ownership of the Goods transfers to you only after you have paid the Full Price and received the Goods. In the case of payment by bank transfer, the Total Price is paid by crediting Our account, in other cases it is paid at the time of payment.
VI. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO PROPERTY
1.The goods will be delivered to you in the manner of your choice, and you can choose from the following options:
a) Personal collection at Our establishment at Lidická 303/35, Prague 5;
b) Personal collection at Zásilkovna pick-up points;
2. The goods can only be delivered within the Czech Republic.
3. Time to deliver The goods always depend on their availability and the selected delivery and payment method. The estimated delivery time of the Goods will be communicated to you in the Order Confirmation. The time stated in the E-shop is only indicative and may differ from the actual delivery time. In the case of personal collection at the establishment, we will always inform you about the possibility of picking up the Goods via e-mail.
4. After receiving the Goods from the carrier, You are obliged to check the integrity of the packaging of the Goods and in case of any defects, You are obliged to immediately notify the carrier and Us. In the event of a defect in the packaging that indicates unauthorized manipulation and entry into the Shipment, You are not obliged to accept the Goods from the carrier.
5. In the event that you breach your obligation to take delivery of the Goods, except in the cases referred to in Art. VI.4. This does not result in a breach of Our obligation to deliver the Goods to You. At the same time, the fact that You do not accept the Goods does not constitute a withdrawal from the Contract between Us and You. However, in such a case, we have the right to withdraw from the Contract due to your material breach of the Contract. If we decide to exercise this right, the withdrawal is effective on the day we deliver the withdrawal to you. Withdrawal from the Contract does not affect the right to payment of the Transport Price, or the right to compensation for damages, if any.
6. If, for reasons arising on Your part, the Goods are delivered repeatedly or in a manner other than agreed in the Contract, You are obliged to reimburse Us for the costs associated with such repeated delivery. We will send the payment details for these costs to your e-mail address specified in the Agreement and are due 14 days from the receipt of the e-mail.
7. The risk of damage to the Goods passes to you at the moment you receive them. In the event that you do not accept the Goods, except in the cases referred to in Art. VI.4 of the Conditions, the risk of damage to the Goods passes to you at the moment when you had the opportunity to take over the Goods, but for reasons on your side the takeover did not take place. The transfer of the risk of damage to the Goods means for you that from that moment on you bear all the consequences associated with the loss, destruction, damage or any deterioration of the Goods.
8. VIn the event that the Goods were not listed as in stock in the E-shop and the approximate availability period was indicated, we will always inform you in the following cases:
a) an extraordinary outage of the production of the Goods, whereby we will always inform you of the new expected availability time or information that it will not be possible to deliver the Goods;
b) delay in the delivery of the Goods from Our supplier, and we will always inform You of the new expected delivery time.
9. In the event that we are unable to deliver the Goods to you within 30 days of the expiry of the delivery time specified in the Order confirmation, for any reason, both We and you are entitled to withdraw from the Contract.
VII. RIGHTS ARISING FROM DEFECTIVE DELIVERY
1. We guarantee that at the time of the transfer of the risk of damage to the Goods pursuant to Art. VI.7 of the Terms and Conditions the Goods are free of defects, in particular that:
a) it has the characteristics that we have agreed with you, and if they have not been expressly agreed, then those that we have stated in the description of the Goods, or those that can be expected with regard to the nature of the Goods;
b) is suitable for the purposes indicated by us or for purposes that are customary for Goods of this type;
c) corresponds to the quality or design of the agreed sample, if the quality or performance has been determined according to the sample;
d) is in the appropriate quantity and weight;
e) meets the requirements imposed on it by legal regulations;
f) is not encumbered by the rights of third parties.
2. The rights and obligations regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of 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, as amended).
3. In the event that the Goods have a defect, i.e. in particular if any of the conditions under Art. VII.1, You may notify Us of such a defect and exercise your rights arising from defective performance (i.e. claim the Goods) by sending an e-mail or letter to Our addresses listed in Our identification data. For a complaint, you can also use the sample form provided by Us, which forms Annex No. 1 to the Terms. When exercising the right arising from defective performance, it is necessary to choose how you want to resolve the defect, and you cannot change this choice subsequently, except in cases pursuant to Article 7.4, without Our consent. We will settle the complaint in accordance with your right to defective performance. If you do not choose to resolve the defect, you have the rights specified in Article 7.5 even in situations where the defective performance was a material breach of the Contract.
4. If defective delivery is a material breach of the Agreement, you have the following rights:
a) to remedy the defect by delivery of new Goods without defect or by delivery of a missing part of the Goods;
b) to a reasonable discount on the Price;
c) to withdraw from the Agreement.
If you choose to resolve the defect according to point a) and We do not remove the defect in this way within a reasonable period of time specified by us, or we inform you that we will not remove the defect in this way at all, you have rights according to points b) and c), even if you did not originally request them in the complaint.
5. . If defective delivery is a minor breach of the Agreement, you have the following rights:
a) to remedy the defect by delivery of new Goods without defect or by delivery of a missing part of the Goods;
b) to a reasonable discount on the Price.
However, if we do not remove the defect in time or refuse to remove the defect, you have the right to withdraw from the Contract. You may also withdraw if you are unable to use the Goods properly due to the recurrence of defects after delivery of new Goods or in the event of a larger number of defects in the Goods.
6. In the event of a material or non-material breach, you may not withdraw from the Contract or request the delivery of a new item if you cannot return the Goods in the condition in which you received them. However, this does not apply in the following cases:
a) if there has been a change in the condition of the Goods as a result of an inspection to determine the defect;
b) if the Goods have been used before the defect is discovered;
c) if the impossibility of returning the Goods unchanged was not caused by your actions or omissions,
d) if the Goods were sold, consumed or altered by you during normal use before the discovery of the defect; however, if this has been done only partially, you are obliged to return the part of the Goods that can be returned, in which case you will not be refunded the part of the Prices corresponding to your benefit from the use of part of the Goods.
7. Within 3 days of receiving the complaint, we will confirm to your e-mail address that we received the complaint, when we received it and the expected duration of the complaint settlement. We will handle the complaint without undue delay, but no later than 30 days after receiving it. The deadline may be extended by mutual agreement. If the deadline expires in vain, you may withdraw from the Agreement.
8. We will inform you about the settlement of the complaint by e-mail. If the complaint is justified, you are entitled to reimbursement of the costs reasonably incurred. You are required to prove these costs, e.g. receipts or shipping price receipts. In the event that the defect has been rectified by the delivery of new Goods, You are obliged to return the original Goods to Us, but We will pay the cost of such return.
9. If you are an entrepreneur, it is your duty to report and complain about the defect without undue delay after you could have discovered it, but no later than three days after receiving the Goods.
10. If you are a consumer, you have the right to exercise your rights from defective performance in the event of a defect that occurs in consumer Goods within 24 months of receipt of the Goods.
11. The provisions regarding the right arising from defects do not apply in the event of:
a) Goods that are sold at a lower Price to a defect for which a lower Price was agreed;
b) when it arises from the nature of the Goods.
VIII. WITHDRAWAL FROM THE CONTRACT
1. Withdrawal from the Contract, i.e. termination of the contractual relationship between Us and You from its beginning, may occur for reasons and in the ways specified in this article, or in other provisions of the Terms and Conditions in which the possibility of withdrawal is expressly stated.
2. If you are a consumer, i.e. a person buying the Goods outside the scope of your business activities, you have the right to withdraw from the Contract without giving a reason within 14 days from the date of delivery of the Goods in accordance with the provisions of Section 1829 of the Civil Code. In the event that we have concluded a Contract the subject of which is several types of Goods or the delivery of several parts of the Goods, this period begins to run on the day of delivery of the last part of the Goods, and in the event that we have concluded a Contract on the basis of which we will supply you with the Goods regularly and repeatedly, it begins to run on the day of delivery of the first delivery. You may withdraw from the Agreement in any demonstrable manner (in particular by sending an e-mail or letter to Our addresses listed in Our identification data). For withdrawal, you can also use the model form provided by us, which consists ofAnnex No. 2 Conditions.
3. However, even as a consumer, you may not withdraw from the Contract in cases where the subject matter of the Contract is:
a) Goods whose Price depends on the fluctuations of the financial market independently of Our will and may occur during the period for withdrawal from the Contract;
b) the delivery of alcoholic beverages, which can only be delivered after thirty days and their Price depends on the fluctuations of the financial market independent of Our will;
c) Goods that have been modified according to your wishes or for your person;
d) Perishable Goods and Goods that have been irretrievably mixed with another after delivery;
e) Goods in sealed packaging that have been removed from the packaging and cannot be returned for hygienic reasons;
f) delivery of an audio or video recording or computer program, if the original packaging has been broken;
g) supply of newspapers, periodicals or magazines;
h) delivery of digital content, if it was not delivered on a tangible medium and was delivered with your prior express consent before the expiry of the withdrawal period and we informed you that you do not have the right to withdraw from the Contract.
4. Withdrawal period pursuant to Art. VIII.2 of the Terms and Conditions shall be deemed to have been preserved if you send Us a notice that You are withdrawing from the Agreement during the Contract.
5. In the event of withdrawal from the Contract, the Price will be refunded to you within 14 days from the effective date of the withdrawal to the account from which it was credited or to the account chosen to withdraw from the Contract. However, the amount will not be refunded until You return the Goods to Us or prove that they have been sent back to Us. Please return the Goods to Us clean, including the original packaging if possible.
6. In the event of withdrawal from the Agreement pursuant to Art. VIII.2 of the Terms and Conditions You are obliged to send the Goods to Us within 14 days of withdrawal and You bear the costs associated with returning the Goods to Us. On the other hand, You are entitled to a refund of the Shipping Price to You, but only in the amount corresponding to the cheapest method of delivery of the Goods offered by Us for the delivery of the Goods. In the event of withdrawal due to the fact that We breach the concluded Contract, we will also pay the costs associated with returning the Goods to Us, but again only up to the amount of the Shipping Price in the amount corresponding to the cheapest method of delivery of the Goods offered by Us at the time of delivery of the Goods.
7. You are liable to Us for damage in cases where the Goods are damaged as a result of Your handling of them differently than necessary with regard to their nature and characteristics. In such a case, We will charge You for the damage caused after the Goods have been returned to Us and the due date of the billed amount is 14 days. In the event that we have not yet refunded the Price to you, we are entitled to set off the receivable for costs against your claim for the refund of the Price.
8. We are entitled to withdraw from the Contract at any time before we deliver the Goods to you, if there are objective reasons why it is not possible to deliver the Goods (in particular reasons on the part of third parties or reasons consisting in the nature of the Goods), even before the expiry of the period specified in Art. VI.9. Conditions. We may also withdraw from the Agreement if it is obvious that you have intentionally provided incorrect information in your Order. If you purchase goods as part of your business activities, i.e. as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason.
IX. DISPUTE RESOLUTION WITH CONSUMERS
1. We are not bound by any codes of conduct in relation to buyers within the meaning of Section 1826 para. 1 lit. e) of the Civil Code.
2. We handle consumer complaints via the e-mail address pivoteka@beerpeak.cz. We will send information about the settlement of the complaint to the buyer's e-mail address.
3. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: http://www.coi.cz, is competent to settle consumer disputes arising from the Contract out of court. The Online Dispute Resolution (ODR) platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between a seller and a consumer buyer arising from a sales contract concluded by electronic means.
4. European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to 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 consumer online dispute resolution).
X. FINAL PROVISIONS
1. If Our and your legal relationship contains an international element (i.e. for example, we will send goods outside the territory of the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, this arrangement does not affect your rights under the law.
2. All written correspondence with you will be delivered by e-mail. Our e-mail address is included in Our identification data. We will deliver correspondence to your e-mail address specified in the Agreement, in your User Account or through which you contacted us.
3. The contract can only be changed on the basis of our written agreement. However, we are entitled to amend and amend these Terms and Conditions, but this change will not affect already concluded Contracts, but only Contracts that will be concluded after the effective date of this change. However, we will only inform you of the change if you have created a User Account (so that you have this information in case you order new Goods, but the change does not give you the right to terminate as we do not have a Contract that can be terminated), or if we are to supply you with the Goods regularly and repeatedly under the Contract. We will send you information about the change to your e-mail address at least 14 days before the change takes effect. If we do not receive a notice of termination of the concluded Agreement for regular and repeated deliveries of Goods from you within 14 days of sending you the information about the change, the new terms and conditions become part of our Contract and apply to the next delivery of the Goods following the effective date of the change. The notice period if you give notice is 2 months.
4. In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, outages of subcontractors, etc.), we are not liable for damage caused as a result of or in connection with force majeure events, and if the force majeure situation lasts for more than 10 days, we and you have the right to withdraw from the Agreement.
5. The Terms and Conditions are accompanied by a model complaint form and a model withdrawal form.
6. The Contract, including the Terms, is archived in electronic form by Us, but is not accessible to You. However, you will always receive these Terms and Conditions and the Order confirmation with a summary of the Order by e-mail and You will therefore always have access to the Contract even without Our cooperation. We recommend that you always save the Order confirmation and the Conditions.
7. These Terms and Conditions come into effect on 17.5.2024
APPENDIX 1 - COMPLAINT FORM
Addressee: BeerPeak, s.r.o. Lidická 303/35, Prague 5, 150 00
Complaint
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Date of conclusion of the Agreement: |
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Name and surname: |
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Address: |
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E-mail address: |
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Goods that are being claimed: |
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Description of defects of Goods: |
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Suggested method for settling a complaint, or stating the bank account number for the provision of the discount: |
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At the same time, I request the issuance of a confirmation of filing a complaint stating when I exercised this right, what is the content of the complaint together with my claim, including the date and method of handling the claim.
Date:
Signature:
APPENDIX 2 – WITHDRAWAL FORM
Addressee: BeerPeak, s.r.o. Lidická 303/35, Prague 5, 150 00
I hereby declare that I withdraw from the Agreement:
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Date of conclusion of the Agreement: |
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Name and surname: |
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Address: |
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E-mail address: |
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Specification of the Goods to which the Agreement relates: |
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Method of returning received funds, or providing a bank account number: |
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If the buyer is a consumer, he has the right if he ordered goods through the e-shop of BeerPeak s.r.o. ("Company") or other means of distance communication, except for cases specified in Section 1837 of Act No. No. 89/2012 Coll., the Civil Code, as amended, to withdraw from an already concluded purchase contract within 14 days from the date of receipt of the goods, without giving a reason and without any sanction. The buyer shall notify the Company of such withdrawal in writing to the address of the Company's establishment or electronically to the e-mail address specified on the model form.
If the buyer, who is a consumer, withdraws from the purchase contract, he shall send or hand over to the Company without undue delay, no later than 14 days after the withdrawal from the purchase contract, the goods received from the Company.
If the buyer, who is a consumer, withdraws from the purchase contract, the Company shall return to the buyer without undue delay, no later than within 14 days of the withdrawal from the purchase contract, all funds (purchase price of the delivered goods), including the costs of delivery, received from the buyer on the basis of the purchase contract, in the same manner. If the buyer has chosen a method of delivery other than the cheapest offered by the Company, the Company will refund the cost of delivery of the goods to the buyer only in the amount corresponding to the cheapest method of delivery offered. The Company is not obliged to return the received funds to the buyer before the buyer hands over the goods to the buyer or proves that the goods have been dispatched to the Company.
Date:
Signature: