1. Introductory provisions
1.11.1 In accordance with the provisions of §273 of Act no. No. 513/1991 Coll. (Commercial Code) as amended, the company Californian Wines a.s., with its registered office at Rybná 716/24, 110 00 Prague 1, Company ID: 28071522, issues the following business conditions, which are an integral part of the purchase contract concluded between:
hereinafter referred to as the "seller"
on the one hand and
hereinafter referred to as the "buyer" on the other hand.
1.2 By ordering goods via the Internet, the buyer, as well as the seller, expresses its obligation to abide by these general terms and conditions in the same way as if these conditions were printed and signed in the form of a contract. The General Terms and Conditions are binding in the current version, they are publicly available on the seller's website www.californianwines.eu
2. Subject of the contract
2.1 The subject of the contract is the sale of goods specified by the buyer in the order of goods.
2.2 The data on the goods stated on the website, in the catalogs, brochures and other publications of the seller (eg dimensions, material, accessories, composition, etc.) are only informative and for this reason the delivered goods may show slight deviations (this is not a defect of the goods ).
2.3 The ordered goods will be delivered to the buyer in a quality and design suitable for the purpose for which such goods are intended and in accordance with the specifications or properties common to the type of goods, complying with relevant standards, regulations and ordinances in force in the Czech Republic.
3. Order goods
3.1 The buyer orders goods from the seller through the seller's online store (e-shop).
3.2 Each order of goods submitted to the seller through its online store is binding on the buyer and is considered a draft purchase agreement.
3.3 The purchase contract is concluded upon acceptance of the order by the seller. The seller informs the buyer that he accepts the order immediately after placing the order, but no later than within three days, by e-mail or in any other unambiguous form. Acceptance of the order by the seller after this period is considered a new offer by the seller and subsequent acceptance by the buyer is required.
3.4 The seller is entitled, depending on the nature of the order (ie quantity of goods, price, transport costs, distances, etc.), to ask the buyer to authorize the order in a suitable way (eg in writing or by phone) or ask the buyer to pay the purchase price or parts in advance. In such a case, the purchase contract will not be concluded before the moment of proper and timely fulfillment of the conditions required by the seller.
3.5 The Buyer declares that he has reached the age of 18 at the latest on the day of the order. The buyer further acknowledges that the seller may be asked to prove the age of majority with a valid proof of identity when processing the order or may be asked to prove the age of majority with a valid proof of identity before taking over the goods.
4. Purchase price and payment terms
4.1 The buyer is obliged to pay the seller for the goods the purchase price valid at the time of delivery of the order to the seller. Any subsequent change in the purchase price does not affect the buyer's obligation to pay the purchase price in the originally agreed amount, as well as the seller's obligation to deliver the ordered goods at the originally agreed price.
4.2 The Buyer is obliged to pay the Seller the purchase price including VAT in the amount valid at the time of concluding the purchase contract.
4.3 The buyer is obliged to reimburse the seller for postage and packaging costs. The amount of postage and packing is determined in the order of goods depending on the type of goods and the method of transport.
4.4 The buyer is obliged to pay the purchase price in cash to the carrier of the goods (so-called cash on delivery and this payment method is available only for selected countries - to apply this choice, it has to be visible at the checkout; unless it is visible, it is not possible to apply it for your country of delivery) or in advance to the seller's account. The method of payment of the purchase price is an integral part of the order of goods.
5. Delivery conditions, delivery time
5.1 The seller will ensure the delivery of goods to the buyer according to the method selected in the order of goods.
5.2 The place of delivery of goods means the address specified by the buyer in the order of goods.
5.3 The delivery time of the goods depends on the type and quantity of the ordered goods and will be specified to the seller in the order confirmation of the goods. Any other information about the delivery time is for information only and is not binding on the seller.
6. Seller's liability for defects in the goods
6.1 The Buyer is obliged to accept the goods from the carrier or the Seller properly and to confirm this fact on the delivery note and the proof of transport or any other document. By signing the delivery note, the buyer confirms that the shipment was delivered without any obvious defects and that any subsequent claims of damage to the packaging of the shipment shall be disregarded.
6.2 Title to the goods shall pass to the buyer upon payment of the price of the goods as stated on the tax document.
6.3 The Seller shall be liable to the Buyer for defects that manifest themselves as a breach of the purchase contract after acceptance of the goods within the warranty period, which is 24 months. The warranty period starts at the moment of acceptance of the goods by the buyer.
6.4 The warranty covers manufacturing defects of the products or other defects that have not been caused by unprofessional or careless handling, use of the product in violation of its purpose or instructions for use, mechanical damage or wear and tear or natural disasters (e.g. lightning or other atmospheric discharge, fire or water or the effect of other non-standard phenomena such as surges in the power grid, etc.).
6.5 Rights under liability for defects in the goods shall be extinguished if they have not been exercised within the warranty period.
6.6 Liability claims for defects in the goods delivered shall be governed by the applicable legal regulations.
7. Withdrawal from the purchase contract
7.1 The customer has the right to withdraw from the purchase contract within 14 days of receipt of the goods, except in the cases referred to in § 53 para. 8 of the Civil Code.
7.2 Withdrawal from the contract must be delivered in writing to the Seller at its registered office together with the purchased goods. The Seller shall immediately thereafter (if all legal conditions for withdrawal are met) refund the purchase price paid to the Buyer.
8. Privacy Policy
8.1 The Buyer declares that all the information provided by him to the Seller for the purpose of delivery of the goods is true and corresponds to the facts, and he is aware of the possible consequences of the falsity of this declaration.
8.2 The Seller declares that all personal data provided by the Buyer about his/her person is confidential, will be used only for the Seller's internal use and will not be disclosed, provided to a third party or misused in any way. Personal data is collected for commercial, logistical, statistical and marketing reasons. When handling personal data, the Seller is obliged to comply with Act No. 101/2000 Coll., on the protection of personal data, as amended.
8.3 By submitting an order for goods, the Buyer gives the Seller consent to collect and store personal data about him/her and his/her purchases and to subsequently process them for the Seller's purposes.
8.4 The Buyer has the right to request the deletion of his personal data from the Seller's database at any time and the Seller shall comply with the request without delay.
8.5 By registering on the Seller's e-shop, the Buyer (and potential buyers) agrees to receive occasional newsletters by e-mail. In the event that the registered person does not wish to receive emails, the Seller is obliged to delete the email contact from the database upon request.
9. Final arrangements
9.1 In accordance with §262 paragraph 1 of the Commercial Code, the parties agree that their contractual relationship and any disputes arising therefrom shall be governed by the Commercial Code.
9.2 Any situations not mentioned in these General Terms and Conditions, as well as legal relations arising from the purchase contract concluded between the Seller and the Buyer, shall be governed by Act No. 40/1964 Coll. (Civil Code) as amended.
9.3 These General Terms and Conditions replace in their entirety all previous General Terms and Conditions relating to the Seller's services.
9.4 In the event that any provision of the General Terms and Conditions is found to be illegal or invalid, the validity or effectiveness of the other provisions of the General Terms and Conditions shall not be affected.
9.5 These General Terms and Conditions shall take effect on 31 January 2012.