General Business Terms
- Below are presented all general business terms dictating a relationship between Wine Time s.r.o. (further referred to as “Web Page Provider”) and you as a purchaser of gift baskets, wine boxes, Italian products or gift cards and vouchers, catering services or our “Chef at Home” service (further referred to as “goods and services”), possibly a recipient of goods and services in cases where purchaser and recipient are not the same person. In a case where you have questions regarding the bellow printed text do not hesitate to call +420 222 233 094 or email us at firstname.lastname@example.org.
- The general business terms (further referred to as “GBT”) are valid for all goods and services offered by the provider.
- These GBT are valid and in effect as of August 27, 2012.
I. General Agreement
Wine Time s.r.o. with offices at Mánesova 78/1442, 120 00 Prague 2, Tax ID 278 86 948, entered into the Business Registry of the Prague Municipal Court, part C, Section 124259 (further referred to as “WT”) is the seller of gift baskets, wine boxes, Italian products or gift cards and vouchers, catering services or our “Chef at Home” service (further referred to as “goods and services”).
These general business terms (further referred to as “GBT”) form contractual relationships and stipulate rights and obligations between WT (seller) and a buyer, and possibly a third party for whose benefit the goods and services are ordered. All such contractual relationships follow generally binding regulations of the Czech Republic and of these General Business Terms.
II. Definition of Basic Terms
The Seller (WT) – is a party entering into a contractual agreement and fulfilling this agreement acts in the framework of its business or other commercial activity.
The Buyer – (i) may be an end user, that is a person entering into a contractual agreement and fulfilling this agreement does not act in the framework of its business or other commercial activity. It is a physical or legal subject purchasing the goods or services for purpose other than commercial. (ii) A buyer may also be a business entity purchasing these goods or services for the commercial purposes.
Recipient of goods and services – is either an end user or a third party for whose benefit the contractual relationship was entered into and whose consent was given for such agreement. Possibly a third party who ceded his or her rights.
Contract Closing – a buyer’s order is a suggestion of a contract and the actual contract closes at the time of the seller’s agreement with the suggestion (a confirmation of the order from the seller – including specifying a price for a gift basket in the “Create Your Own Basket” section. From this point exist rights and obligations between the buyer and the seller. If the contract is entered into on behalf of a third party, this third party becomes contractually obligated at the moment it gives its consent with the contract. Until the third party gives its agreement the contract creates a relationship only between the parties that closed it – till then the right to fulfill the contract belongs to the contractual party that suggested the agreement on the third party’s behalf (this is also true should the third party refuse to give its consent).
Goods and Services - gift baskets (including the “Create Your Own Basket” section), wine boxes, Italian products, gift cards and vouchers, catering services and the “Chef at Home” service offered by the seller on internet web pages www.dobrotyvkosi.cz. The contents of the gift baskets are presented in the detail of each basket. The visual appearance of the basket, contents and materials may vary – photographs are included to provide only informative reference.
III. The Order of Goods and Services
- The buyer orders goods and services from web pages of the seller at www.dobrotyvkosi.cz. The buyer’s order is a suggestion of a contract while the contract itself is closed at the moment of delivery of the seller’s agreement with this suggestion (a confirmation of the order from the seller with a presentation of final calculation for the requested order).
- With the sending of each order (a suggestion of a contract) the buyer certifies he or she read the GBT and is familiar and fully agrees with them. These GBT form an inseparable part of each closed contract.
- With the sending of each order (a suggestion of a contract) the buyer certifies that all data entered in the order form presented by him or her are true. The seller is not responsible for a failed delivery to the buyer due to false or incorrect data given by the buyer.
- The contract is entered into in Czech language unless otherwise agreed upon by both parties. These GBT are presented on seller’s web pages www.dobrotyvkosi.cz.
- The buyer may buy the goods personally in the seller’s locations, listing of which is presented on seller’s web pages www.dobrotyvkosi.cz (Terms of Delivery and Payment section).
- The seller reserves a right to substitute an unavailable ingredient with another of equal or higher price and quality.
IV. Price and Payment Terms
1. Price of Goods
Price of goods is given on the seller’s web page according to the individual contract and is always included in the order of goods. The price includes the correct value added tax. The buyer’s payment may only be processed in manners presented for individual goods on the web page www.dobrotyvkosi.cz (bank transfer, mail order and personal purchase in cash). The payment must be in Czech Koruna (CZK).
In case of a purchase above 10,000.00 CZK the purchaser will be required to pay a 50% down payment and present a proof of this payment before the goods are shipped.
In the case of a purchase made from the “Create Your Basket” section, the buyer will be provided a confirmation of his or her order as well as a price for the individual basket selected by the buyer. The gift basket suitable for the selected goods is always selected by the buyer.
2. Price of Shipping
Added to the price of goods (previous paragraph) will be costs related to the delivery of goods:
a) Orders of less than 10,000.00 CZK will be delivered within the borders of the Czech Republic for 150 CZK.
b) Orders of 10,000.00 CZK or more will be delivered within 72 hours and within the borders of the Czech Republic free of charge. Orders placed during a workday (Monday through Friday) will be delivered within the area of the capital city of Prague inside of 48 hours and within the borders of the Czech Republic inside of 72 hours if the goods are in the stock.
In case of larger orders you will receive your goods in 3 days according the goods in the stock.
V. Termination of Contract
- A buyer who is also the end user has the right to breach the contract within 14 days following the fulfilment of the contract, if the contract was entered into not in person (the Internet), without the need to present any reason or without any sanctions.
- Should a buyer decide to take advantage of this right he or she must within the 14 day period deliver to any of the seller’s locations listed on web pages www.dobrotyvkosi.cz written termination of contract containing an account number where a refund is to be sent, a proof of purchase and the goods delivered to him or her based on the terminated contract. The returned goods must be complete (the basket or wooden box including all contents), the goods nor any of its components may be damaged or used.
- The buyer who is also the end user may not terminate the contract in cases listed in declaration §53 section 8 of code # 40/1964 of Civil Law Code.
- The seller will refund the buyer the paid cost of the goods within 30 days from the day of termination of the contract by the buyer to the bank account provided by the buyer.
- In cases of such termination of a contract from the buyer’s side, the seller has the right to be refunded documented funds expended in connection with the closing and mainly the termination of the contract, namely the shipping costs and etc.
VI. Warranty and Claims
- The seller is required to deliver ordered goods to the buyer as dictated by the contract, these general business terms and obligating legal regulations.
- The buyer is required immediately following the delivery/acceptance of goods to inspect without delay, at the latest the day following the day the buyer accepted the goods, inform the seller in writing of the discovered defects. Email is considered a written form.
- In case where a buyer is the end user, the following is true regarding the responsibility for defects of the goods: If the goods are not of a rapidly perishable nature or are not items used by the buyer, the seller is responsible for defects that result in a departure from the contractual agreement after the acceptance of goods in their guarantee period. Individual items are covered by the following guarantee period:
- 24 months for consumer goods
- 8 days for perishable grocery items
- Items marked with an expiration date according to the law # 110/1997 of Period for a Use of an Item, the warranty period ends with the marked date. The rights resulting from defects in a rapidly perishable item must be enforced preferably the day following the acceptance of those goods or the rights will expire.
- If the buyer is a business purchasing the goods in the framework of its activity it must follow the regulations dictated by code 513/1991 of the commercial code to request warranty refund.
- The seller will settle the warranty claim without delay, at the latest within 30 days from its formal request. In case of denial of the buyer’s claim by the seller, the seller is required to give a written explanation (written form for warranty purposes does include email).
VII. Protection of Personal Data
- By placing an order according to these GBT, the buyer gives agreement, that with accordance with §5 section 2 and code # 101/2000 - Protection of Personal Data, in its current reading, the seller may process and collect personal data of the buyer in this extent: given name, last name, address, email address or possibly other address given by the buyer.
- The seller is allowed to process and collect provided buyer’s personal data in order to solicit commerce and services offered or solicited by the seller. The seller is allowed to process and collect details regarding the buyer’s email address for sending out business notifications as stated by code 480/2004 of Certain Information Services, in its full read.
- The buyer has the right to at any time reject his or her agreement to the processing and collection of his or her personal data as described by these GBT in a written or electronic form.