Terms and conditions
trading companies
Špalkovy family winery sro
with registered office at Nový Šaldorf, No. 104, 671 81 Nový Šaldorf-Sedlešovice
Czech Republic
identification number: 26278812
registered in the Commercial Register kept by the Regional Court in Brno, Section C, Insert 41573 for the sale of goods through an online store located at the internet address www.spalek.bio
Introductory provisions
These terms and conditions (hereinafter referred to as the “Terms and Conditions”) of the company Vinařství rodiny Špalkovy sro, with its registered office at Nový Šaldorf, No. 104, 671 81 Nový Šaldorf-Sedlešovice, identification number: 26278812, entered in the Commercial Register kept by the Regional Court in Brno, Section C, Insert 41573 (hereinafter referred to as the “Seller”)
1.1. regulate, in accordance with the provisions of Section 1751, paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the “purchase contract”) concluded between the seller and another natural person (hereinafter referred to as the “buyer”) through the seller's online store. The online store is operated by the seller on a website located at the internet address www.spalek.bio (hereinafter referred to as the “website”).
1.2. The Terms and Conditions do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or a person who, when ordering goods, acts within the scope of their business activities or within the scope of their independent profession.
1.3. Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.4. The purchase contract and business terms and conditions are drawn up in the Czech language.
1.5. The Seller may amend or supplement the text of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
Conclusion of the purchase contract
1.6. All presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732, paragraph 2 of the Civil Code do not apply.
1.7. The web interface of the store contains information about the goods, including the prices of individual goods and the costs of returning the goods, if the goods cannot be returned by regular mail due to their nature. The prices of the goods are stated including value added tax and all related fees. The prices of the goods remain valid for the period they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated conditions.
1.8. The web interface of the store also contains information about the costs associated with packaging and delivery of goods. The information about the costs associated with packaging and delivery of goods provided in the web interface of the store applies only in cases where the goods are delivered within the territory of the Czech Republic.
1.9. To order goods, the buyer fills out an order form in the store's web interface. The order form contains, in particular, information about:
1.9.1. ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the store's web interface),
1.9.2. method of payment for the purchase price of the goods, information on the requested method of delivery of the ordered goods
1.9.3. information about the costs associated with the delivery of goods (hereinafter collectively referred to as the "order").
1.10. Before sending the order to the seller, the buyer is allowed to check and change the data entered by the buyer in the order, also with regard to the buyer's ability to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the "Complete order" button. The data specified in the order are considered correct by the seller. Immediately after receiving the order, the seller confirms receipt to the buyer by e-mail to the buyer's e-mail address specified in the order (hereinafter referred to as the "buyer's e-mail address").
1.11. The Seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the Buyer for additional confirmation of the order (for example, in writing or by telephone).
1.12. The contractual relationship between the seller and the buyer arises upon delivery of the order acceptance (acceptance), which is sent by the seller to the buyer by e-mail to the buyer's e-mail address.
1.13. The Buyer agrees to the use of distance communication means when concluding the purchase contract. The costs incurred by the Buyer when using distance communication means in connection with concluding the purchase contract (internet connection costs, telephone call costs) are borne by the Buyer himself, and these costs do not differ from the basic rate.
Price of goods and payment terms
1.14. The buyer may pay the seller the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:
a. In cash at the seller's premises at the address Vinařství rodiny Špalkovy sro, Nový Šaldorf No. 104, 671 81 Nový Šaldorf-Sedlešovice
b. Cash on delivery at the location specified by the buyer in the order
c. By bank transfer to the seller's account (hereinafter referred to as the "seller's account")
d. Shipping cost:
Number of bottles Price incl. VAT
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1 - 6 bottles 206 CZK
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7 - 12 bottles 242 CZK
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13 - 24 bottles 303 CZK
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25 - 30 bottles 424 CZK
1.15. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with delivery of the goods.
1.16. The Seller does not require a deposit or other similar payment from the Buyer. This does not affect the provisions of Article 3.7 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
1.17. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's account.
1.18. The Seller is entitled, especially in the event that the Buyer does not provide additional confirmation of the order (Article 2.6), to demand payment of the entire purchase price before sending the goods to the Buyer. The provisions of Section 2119, paragraph 1 of the Civil Code shall not apply.
1.19. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
1.20. If it is customary in business transactions or if it is stipulated by generally binding legal regulations, the seller will issue a tax document - invoice to the buyer regarding payments made on the basis of the purchase contract. The seller is a payer of value added tax. The tax document - invoice will be issued by the seller to the buyer after payment of the price of the goods and sent in electronic form to the buyer's electronic address.
Withdrawal from the purchase contract
1.21. The Buyer acknowledges that, according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from a purchase contract for the supply of goods that have been modified according to the wishes of the Buyer or for his person, from a purchase contract for the supply of goods that are subject to rapid deterioration, as well as goods that have been irretrievably mixed with other goods after delivery, from a purchase contract for the supply of goods in a closed package that the consumer has removed from the package and cannot be returned for hygiene reasons, and from a purchase contract for the supply of a sound or video recording or computer program if their original packaging has been damaged.
1.22. Unless it is a case specified in Article 4.1 or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract, in accordance with the provisions of Section 1829, paragraph 1 of the Civil Code, within fourteen (14) days from the receipt of the goods, and if the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence.
1.23. In the event of withdrawal from the purchase contract according to Article 4.2 of the Terms and Conditions, the purchase contract shall be cancelled from the beginning. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer shall bear the costs associated with returning the goods to the seller, even in the case where the goods cannot be returned by regular mail due to their nature.
1.24. In the event of withdrawal from the contract pursuant to Article 4.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the purchase contract, in the same manner in which the Seller received them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer upon the Buyer's return of the goods or in another manner, if the Buyer agrees to this and no additional costs are incurred by the Buyer. If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the funds received to the Buyer before the Buyer returns the goods or proves that he has sent the goods to the Seller.
1.25. The seller is entitled to unilaterally offset the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.
1.26. Until the goods are taken over by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return the purchase price to the buyer without undue delay, by bank transfer to the account designated by the buyer.
1.27. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with a termination condition that if the buyer withdraws from the purchase agreement, the gift agreement regarding such a gift loses its effectiveness and the buyer is obliged to return the gift provided to the seller together with the goods.
Transportation and delivery of goods
1.28. In the event that the method of transport is agreed upon based on a special request from the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
1.29. If the seller is obliged under the purchase contract to deliver the goods to the location specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
1.30. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.
1.31. When accepting the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects, immediately notify the carrier. If damage to the packaging is found indicating unauthorized entry into the shipment, the buyer does not have to accept the shipment from the carrier.
1.32. Additional rights and obligations of the parties during the transport of goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.
Rights arising from defective performance
1.33. The rights and obligations of the contracting parties 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).
1.34. The Seller is responsible to the Buyer that the goods are free from defects upon acceptance. In particular, the Seller is responsible to the Buyer that at the time the Buyer accepted the goods:
1.34.1. the goods have the properties agreed upon by the parties, and in the absence of such agreement, they have the properties described by the seller or manufacturer or expected by the buyer with regard to the nature of the goods and on the basis of their advertising,
1.34.2. the goods are suitable for the purpose stated by the seller for their use or for which goods of this type are usually used,
1.34.3. the goods correspond in quality or design to the agreed sample or design, if the quality or design was determined according to the agreed sample or design,
1.34.4. the goods are in the appropriate quantity, measure or weight
1.34.5. the goods comply with the requirements of legal regulations.
1.35. The provisions set out in Article 6.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, for wear and tear of the goods caused by their normal use, for used goods for a defect corresponding to the degree of use or wear and tear that the goods had when they were taken over by the buyer, or if this results from the nature of the goods.
1.36. If a defect becomes apparent within six months of receipt, the goods are deemed to have been defective upon receipt. The buyer is entitled to exercise the right to claim a defect that occurs in consumer goods within twenty-four months of receipt.
1.37. The buyer shall exercise the rights arising from defective performance at the seller's premises, where the complaint can be accepted with regard to the range of goods sold, or at the registered office or place of business. The moment of exercising the complaint shall be deemed to be the moment when the seller received the goods complained of from the buyer.
1.38. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaints procedure.
Other rights and obligations of the contracting parties
1.39. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
1.40. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of the provisions of Section 1826, paragraph 1, letter e) of the Civil Code.
1.41. The seller ensures the out-of-court settlement of consumer complaints via the electronic address vino@spalek.bio . The seller will send information about the settlement of the buyer's complaint to the buyer's electronic address.
1.42. The seller is authorized to sell goods on the basis of a trade license. Trade license inspection is carried out within its scope by the relevant trade license office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority, to a limited extent, carries out, among other things, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
1.43. The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765, paragraph 2 of the Civil Code.
Privacy Policy
1.44. The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.
1.45. The Buyer agrees to the processing of the following personal data: name and surname, residential address, identification number, tax identification number, e-mail address, telephone number.
1.46. The Buyer agrees to the processing of personal data by the Seller for the purposes of exercising the rights and obligations under the purchase contract and for the purposes of maintaining a user account. Unless the Buyer chooses another option, he agrees to the processing of personal data by the Seller also for the purposes of sending information and commercial communications to the Buyer. Consent to the processing of personal data in full pursuant to this article is not a condition that would in itself prevent the conclusion of a purchase contract.
1.47. The Buyer acknowledges that he is obliged to provide his personal data (during registration, in his user account, when ordering from the store's web interface) correctly and truthfully and that he is obliged to inform the Seller of any changes to his personal data without undue delay.
1.48. The Seller may entrust the processing of the Buyer's personal data to a third party as a processor. Apart from persons transporting the goods, the Seller will not transfer personal data to third parties without the Buyer's prior consent.
1.49. Personal data will be processed for an indefinite period. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
1.50. The Buyer confirms that the personal data provided is accurate and that he has been informed that the provision of personal data is voluntary.
1.51. If the buyer believes that the seller or the processor (Article 8.5) is processing his personal data in a manner that is contrary to the protection of the buyer's private and personal life or in violation of the law, in particular if the personal data are inaccurate with regard to the purpose of their processing, he may:
1.51.1. ask the seller or processor for an explanation
1.51.2. require the seller or processor to eliminate the situation thus arising
1.52. If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information. The seller has the right to demand reasonable compensation for the provision of information pursuant to the previous sentence, not exceeding the costs necessary to provide the information.
Sending commercial communications and storing cookies
1.53. The Buyer agrees to the sending of information related to the Seller's goods, services or business to the Buyer's electronic address and further agrees to the sending of commercial communications by the Seller to the Buyer's electronic address.
1.54. The buyer agrees to the storage of cookies on his computer. In the event that the purchase on the website can be made and the seller's obligations under the purchase contract fulfilled without the storage of cookies on the buyer's computer, the buyer may revoke the consent in accordance with the previous sentence at any time.
Delivery
1.55. The Buyer may be delivered to the Buyer's electronic address.
Final provisions
1.56. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations.
1.57. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
1.58. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
1.59. Seller's contact details: delivery address: Nový Šaldorf č.ev. 104, 671 81 Nový Šaldorf-Sedlešovice, Czech Republic, e-mail address: vino@spalek.bio, telephone +420 515 243 802.
Withdrawal from the contract
A sample withdrawal form can be downloaded by clicking HERE (.doc file).
These Terms and Conditions also include the Principles of Processing and Protection of Personal Data (.pdf file).