TRADING TERMS AND CONDITIONS
TRADING AND DELIVERY TERMS AND CONDITIONS AND COMPLAINT HANDLING RULES
French barriques & wine s.r.o.
Doudlebská 1046/8, Nusle, 140 00 Praha 4
I. GENERAL PROVISIONS
By making a binding order, the Buyer acknowledges that he/she accepts the Terms and Conditions for the delivery goods announced by the Seller. Relations between the Buyer and the Seller are governed by these Terms and Conditions, which are binding for both parties. Terms and conditions further specify and define the rights and obligations of the Seller – French barriques & wine s.r.o. CIN: 17415446 and the Buyer(s) – customers.
II. SUBJECT MATTER OF THE CONTRACT
The subject matter of the contract is exclusively the goods specified in the Purchase Contract - order. The description, function, technical data and parameters of the goods are defined directly in the contract or are specified in the technical information of the producer, in the package leaflet - product description (user ́s manual). The dimensions, weight, performance, capacity, and other data presented on the website www.drevene sudy.eu, in catalogs, brochures, and other printed materials are provided by the producer; the producer reserves the right to make technical changes to the product. All information is given in accordance with the latest available data from suppliers or other contractors; although we always try to verify the validity of this information from multiple resources, inaccuracies cannot be completely avoided and in such a case, the Seller will comply with their obligation under the law by correcting the information as soon as they learn about it. The Buyer has the right to make an enquiry by email before ordering the goods in order to verify this information. Photos and images of the product may be illustrative only (there can be e.g., difference in color or content of a set of products; in such a case, the product description shall be taken as decisive, where the color or content is described in detail). The online shop www.drevene sudy.eu, hereinafter referred to as “the Seller”, undertakes to deliver to its buyers only top-quality goods and in accordance with the specifications or properties usual for the relevant type of goods, compliant with relevant standards, regulations, and rules in force in the Czech Republic.
III. PLACE OF PERFORMANCE
The place of performance is the Seller's warehouse or shop where the Seller hands over the goods to the carrier – a transport company for delivering the goods to the customer or which is a place of the collection of goods in person.
IV. ORDERING GOODS AND CONCLUDING A CONTRACT
The Seller is entitled (depending on the nature of the order – the quantity of goods, price, transport cost, distance, etc.) to ask the Buyer to authorize the order and verify the data contained therein in an appropriate manner, e.g., in writing or by phone. The Seller is entitled to disregard any order which the Buyer refuses to authorize in the required manner. The Seller also reserves the rights to cancel an order in the event of a pricing error.
According to our terms and conditions, each order is binding (Civil Code, Section 544-545, Act No. 40/1964 Coll.). Customers who order goods and do not pay the order or do not collect the parcel sent cash on delivery will be published in the debtors´ register and will be required to pay the costs incurred for dispatching the goods and a handling fee (so-called contractual penalty) of CZK 1,000. By placing an order, you agree to our terms and conditions and a penalty at the above amount. Please note that any outstanding debts (unpaid contractual penalties) will be passed on to the company www.uhrazeno.cz for debt collection including all costs associated with it. You can cancel your order no later than 24 hours after ordering. In the event of canceling the order after 24 hours from placing the order, we reserve the right to charge a cancellation fee of 20% of the total order value.
V. PRICE AND PAYMENT
The prices given on the website www.drevenesudy.eu are valid as of the date of ordering and they are final. The Seller reserves the right to change the prices in the event of exchange rate changes, major inflation, or significant changes in the supply conditions of the producers. Such changes are always specified in the updated price lists. Purchase price is deemed to be paid only after the purchase price for a separate part of the delivery has been credited to the Seller's account or by paying the full amount in cash at the Seller´s shop or to the carrier´s employee. The invoice issued on the basis of the Purchase contract concluded between the Seller and the Buyer shall also serve as a tax invoice, delivery note, and in the event that a special warranty is not attached, it shall also replace it. The Buyer may only take over the goods after the payment of the full amount unless otherwise agreed. The amount for the delivery of the goods to the address specified by the Buyer is added to the price of the goods in the amount indicated in the process of ordering.
In the event the Buyer makes payment in advance and the Seller is unable to arrange delivery of the selected goods to the Buyer, the Seller shall promptly refund the payment in the agreed manner. The due date depends on the method of refund (wire transfer, postal transfer).
Promotional prices are valid while stocks last or until the next update of the offer.
VI. DAMAGED SHIPMENT CLAIMS
Upon receiving the shipment, please check that the packaging is intact and the shipment does not show signs of external damage. In the event of receiving such a shipment, the vehicle crew is obliged to indicate on the delivery note that the shipment was received with damaged packaging. If the receiver of the shipment discovers a defect resulting from damage during transport, they are obliged to notify the sender (e-mail is sufficient) and the carrier without further delay, no later than three calendar days from the day on which the shipment was delivered, and request the drawing up of a Shipment Damage Report, otherwise the receiver runs the risk that the claim will not be accepted, which will be evidenced (in particular to the Buyer) by a signed delivery note. By signing a delivery note, the Buyer confirms the faultless delivery of goods. In the event of damage to the shipment, please contact the carrier and our company. Upon a notice by phone, the carrier will send the regional representative to inspect the shipment and draw up a Shipment Damage Report. For this reason, the receiver is not allowed to handle the shipment in any way and is obliged to keep the packaging in which the shipment was delivered. Based on the copy of the Shipment Damage Report sent to us by fax, e-mail or post, we will send you a new shipment.
In the event that, upon receipt by the Buyer, the item is not in conformity with the purchase contract - the order (hereinafter referred to as a “non-conformity with the purchase contract”), the Buyer is entitled to have the item restored by the Seller to a condition corresponding to the purchase contract free of charge and without undue delay, in accordance with the Buyer's requirements, e.g., either by replacing or restoring the given item. If it is not possible, the Buyer has the right to demand a reasonable reduction of the price or withdraw from the contract. This does not apply if the Buyer was aware of the non-conformity with the purchase contract before taking over the shipment or if he/she caused the non-conformity with the contract himself/herself. Non-conformity with the purchase contract which becomes apparent within six months of the date of receipt of the goods shall be deemed to exist at the time of receipt of the goods, unless this is contradicted by the nature of the goods or unless the contrary is proved.
VIII. RETURN OF GOODS
The Buyer has the right to withdraw from a distance contract in accordance with the provisions of Section 53 (7) of the Civil Code, no later than 14 days of the receipt of goods, except in cases explicitly expressed in Section 53 (8) of the above provisions of the Civil Code. Prior to sending the goods to our address, it is necessary to send us (by email, fax, or an attached written notice) a formal withdrawal from the purchase contract with the order number. The withdrawal from the contract must be delivered to the Buyer no later than on the last day of the statutory 14-day period starting on the day of taking over the purchased item. If the Buyer decides to do so, he/she must send the undamaged goods without signs of being used or worn in their original undamaged packaging to the Seller along with the withdrawal from the contract or without undue delay upon its dispatch. The Seller shall only be entitled to reimbursement of the costs actually incurred in returning the goods, if such costs have been actually incurred and the Seller can prove so. The Buyer is also asked to provide the reason (this is not required by law and the refund of the price of the goods is not conditioned by that), as it can help us to improve our services. Thank you. Upon the receipt of the goods returned, the payment for the goods (excluding postage/shipping fee) will be sent to the Buyer's address or credited to the Buyer's account via bank transfer no later than 10 working days of the receipt of the signed credit note sent to the Buyer's address immediately after physical receipt and re-inspection of the goods. Sending the goods back on cash on delivery is not acceptable and all such shipments will be immediately rejected and returned back to the sender. In accordance with the provisions of Section 53 (8) of the Civil Code, the Buyer may not withdraw from the purchase contract concluded for the provision of services if the performance of the services has been started with his/her consent before the expiry of the period of 14 days from the receipt of the performance of the delivery of goods or services the price of which depends on the fluctuations of the financial market independently of the will of the supplier, the delivery of goods adapted to the wishes of the consumer or for his person, as well as goods which are perishable, subject to wear and tear or obsolescence, the delivery of audio and video records and computer programs if the consumer has damaged their original packaging, the delivery of newspapers, periodicals, and magazines.
IX. WARRANTY AND SERVICE
The Seller provides a warranty for the goods sold by them in accordance with generally binding legislation for the period specified in the warranty certificate. Unless otherwise specified for a given product, the warranty period is 24 months for all products. The warranty period starts on the day of the receipt of goods from the Seller collected in person or taken over from the carrier by signing/acknowledgement of the shipping (delivery) note by the Buyer.
The warranty covers manufacturing defects in the products or other defects that have not been caused by unprofessional assembly or other unprofessional commissioning, unprofessional or careless handling, using the product contrary to its purpose or to the instructions in the user's manual, mechanical damage or wear, natural disasters such as lightning or any other atmospheric discharge, fire or water, or the effect of other non-standard phenomena, such as surges in the telephone or electrical grid. The Seller reserves the right not to accept a claim if the manufacturer or its authorized service proves that the Buyer has made an unauthorized intervention in the product after the manufacturer´s seal has been removed or that the goods have been mechanically damaged. Moreover, the claim cannot be accepted in the case of corrosion or knife dull as well as the loss of screws from any product.
The place of claim is the place of business of the Seller - French barriques & wine s.r.o., 46352 Osečná - Druzcov 133, tel +420 735 969 889 (visit in person in the event of a claim shall be agreed in advance - in your personal interest). A complaint form needs to be filled in in the case of claiming the exercise of the right of liability for defects in the goods where the Buyer specifies how he/she wishes to settle the claim in accordance with the possibilities specified by the law (cf. Section 622 of the Civil Code).
When making a complaint, it is necessary to prove the conclusion of the purchase contract, preferably by presenting a proof of purchase - an invoice, warranty certificate (if it has been issued), and to provide a detailed description of the defect. If it is not a permanent defect, it is necessary to clearly specify the conditions under which the defect occurs. The goods complained of must be complete and, if possible, in their original packaging. In the event of not submitting the warranty certificate or if the Seller believes that the information in the warranty certificate has been tampered with, the Seller is not entitled to refuse the claim but shall determine the start of the warranty period in accordance with his/her evidence (signed delivery note).
X. DELIVERY OF GOODS
DELIVERY BY THE SHIPPING COMPANY (THE CARRIER)
Delivery is usually made within two to thirty working days from the receipt of the order. (the delivery time depends on a specific carrier and the distance).
Place of delivery is the address specified by the Buyer in the order (unless otherwise stated in the note).
The methods of payment for this delivery method include cash on delivery, bank transfer (in such a case, the goods is sent upon the receipt of the payment), or online payment (we are now working on it).
The price of delivery is specified in the order depending on the carrier. After shipment, the Buyer receives a confirmation of shipment (by email).
In cash – in the case of collecting the goods in person (only based on direct agreement only)
Bank transfer - the payment is credited to the bank account: 2094638193/0800. The variable symbol is the order number, which you will receive in the confirmation email after placing the order
Cash on delivery - in the case the goods is delivered by carrier
XI. OUT-OF-COURT DISPUTE SETTLEMENT
1. Out-of-court dispute settlement arising from the purchase contract falls within the competence of Česká obchodní inspekce (Czech Trade Inspection), with its registered office at Štěpánská 567/15, 120 00 Praha 2, CIN: 000 20 869, internet address: https://adr.coi.cz/cs. The platform for online dispute settlement (http://ec.europa.eu/consumers/odr) can be used to settle disputes between the Seller and the Buyer associated with the purchase contract.
2. The European Consumer Centre, the Czech Republic, with registered office at Štěpánská 567/15, 120 00 Praha 2, internet address: http://www.evropskyspotrebitel.cz, is a contact point in accordance with the Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute settlement for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive No. 2009/22/EC (Regulation on online dispute settlement for consumer disputes.
3. The Seller is authorised to sell goods on the basis of a trade licence. Trade inspections are carried out by the competent trade authority. Within the defined scope, the Česká obchodní inspekce supervise, inter alia, compliance with the Act No. 634/1992 Coll., on Consumer Protection.
XII. FINAL PROVISIONS
The Manufacturer and the Seller do not bear any responsibility for damages or any events related to the products offered in this eshop. The products must be used in accordance with the law and purchases are not permitted to citizens under 18. These general terms and conditions came into force on 1 October 2017.
For clarification and further information, please call +420 735 969 889 or contact us via email at firstname.lastname@example.org.
These terms and conditions come into effect on 1 January 2018.