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General Terms and Conditions

 

Table of Contents

 

1) Definition of scope and terms

2) General Provisions

3) Conclusion of the contract

4) Right of withdrawal

5) Pricing and payment terms, retention of title

6) Delivery and transport conditions

7) Liability for defects (warranty)

8) Governing law

9) Place of jurisdiction

10) Alternative dispute resolution

11) Final provisions

 

1) Definition of the field of action and concepts

1.1 These General Terms and Conditions of Business (hereinafter referred to as "GTC") of Ing. Jaromír Lednický (hereinafter referred to as "Seller") apply to all contracts for the supply of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller in respect of goods presented by the Seller in its online shop (hereinafter referred to as "E-shop"). The inclusion of the Customer's own terms and conditions is hereby excluded, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for a purpose that is neither predominantly commercial nor self-employed. An Entrepreneur within the meaning of these GTC means a natural or legal person or a company with legal personality who, when concluding a legal transaction, acts in the course of his/her business or self-employment.

1.3 We use the term Goods to refer to everything that you can purchase from the E-shop.

1.4 Order means an irrevocable proposal by the Customer to enter into a contract for the purchase of Goods with the Seller.

 

2) General provisions

2.1 Purchase of the Goods is only possible via the web interface of the E-shop.

2.2 When purchasing Goods, the Customer is obliged to provide the Seller with all information correctly and truthfully. The information provided by the Customer to the Seller when ordering the Goods will be deemed by the Seller to be correct and truthful.

2.3 The Seller hereby declares and acknowledges that visiting the E-shop, ordering and selling alcoholic beverages (Goods) to individuals under the age of 18 is prohibited.

2.4 The Seller hereby declares and acknowledges that the content of articles and other texts on the E-shop are the subjective opinions of the author based on his personal experience.

2.5 The Seller expressly prohibits any entity from using or copying any textual or visual content on 7deci.com. This content is protected by copyright.

 

3) Conclusion of the contract

3.1 Product descriptions contained in the Seller's E-shop do not constitute binding offers by the Seller, but serve to provide information about the offer of Goods presented by the Seller on the E-shop.

3.2 The Customer can make a proposal for an Order through the online order form integrated in the Seller's E-shop. After placing the selected Goods in the virtual shopping cart and going through the electronic ordering process, the Customer makes a legally binding contractual offer for the Goods contained in the shopping cart by clicking on the "Order with payment obligation" button, which completes the ordering process. During the creation of the Order proposal, the Customer may change and check the data until the Order is created.

3.3 Upon completion of the ordering process, the Customer will be informed of the creation of the draft Order in text form (e.g. by e-mail). If the Customer has set up a user account in the Seller's E-shop prior to submitting the Order, the Order data will be archived in the Seller's E-shop and the Customer will have free access to it via his password-protected user account after entering the relevant login details.

3.4 The Seller may accept the Customer's offer within five days, by sending the Order confirmation to the Customer in text form (by e-mail), in which case the Customer's receipt of the Order confirmation is decisive, or by delivering the ordered Goods to the Customer, in which case the Customer's receipt of the Goods is decisive, or by requesting payment from the Customer after placing the Order.

If there are several of the above alternatives, the Contract shall be concluded at the moment when one of the above alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends on the fifth day after the offer is sent. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer, with the Customer no longer being bound by its declaration of intent.

3.5 There may be cases where the Goods are not available or where the Customer orders more Goods than the Seller has in stock. In the event that there is any reason why the Seller cannot process the Order, the Seller will contact the Customer and send the Customer an offer to enter into the Contract in an amended form compared to the Order. In such case, the Contract is only concluded when the Customer confirms the offer to the Seller.

3.6 In the event that an obviously incorrect Price is indicated in the E-shop or in the Order proposal, the Seller is not obliged to deliver the Goods at this price to the Customer, even if the Customer has received confirmation of the Order and therefore the Contract has been concluded. In such a situation, the Seller will contact the Customer immediately and send him an offer to conclude a new Contract in a modified form compared to the Order. In such case, the new Contract is concluded at the moment when the Customer confirms the offer to the Seller. If the Customer does not confirm the offer to the Seller even within 3 days of sending it, the Seller is entitled to withdraw from the concluded Contract. An obvious error in the Price shall be considered, for example, if the Price does not correspond to the usual price at other sellers or if a digit is missing or an extra digit.

3.7 The Contract shall always be deemed to be concluded in the territory of the country where the Seller has its registered office. The sale of the Goods shall always take place in the territory of the Seller's state. The Goods are only delivered to the Customer's address.

3.8 The processing of Orders and contact with the Customer is usually by email. The Customer must ensure that the email address provided by the Customer for Order processing is correct in order to receive emails sent by the Seller. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller to process the Order can be delivered.

3.9 In the case of an Order for alcoholic beverages, by submitting the Order the Customer confirms that he/she has reached the minimum age required by law.

 

4) Withdrawal from the Contract

All legal relations between the Seller and the Customer are governed by the law of the Czech Republic and its relevant standards.

4.1 Withdrawal from the Contract by the Buyer

4.1.1 In accordance with § 1829 of the Commercial Code, the Consumer (Buyer) has the right to withdraw from the Purchase Contract without giving reasons within fourteen (14) days from the receipt of the goods, or from the receipt of the last delivery of goods if the purchase contains several types of goods. If the Consumer chooses to withdraw within this period and complies with the conditions set out below, the purchase price will be refunded. In accordance with § 1820, paragraph 1, letter g) and § 1832, paragraph 3 of the Commercial Code, the Consumer shall bear the costs of returning the goods in the event of withdrawal from the purchase contract in accordance with § 1829 et seq. of the Commercial Code, as well as the costs of returning the goods if the goods cannot be returned by the usual postal method due to their nature. This right does not serve as a means of settling a claim for goods (exercise of rights arising from defective performance).

4.1.2 Conditions for exercising the right to withdraw from the Purchase Agreement:

- No later than on the fourteenth (14th) day after receipt of the goods, the Seller must be sent the Buyer's expression of intent to withdraw from the Purchase Contract;

- The buyer sends this request by email to info@7deci.com and then prints it and attaches it to the goods, which will be returned to the Seller;

- The Buyer shall deliver the goods back at his/her own expense to the Seller at the address of the Ing. Jaromír Lednický at Sedliště 430, 739 36, Czech Republic, no later than fourteen (14) days after the withdrawal from the purchase contract;

- The goods that the Buyer will send following the withdrawal from the purchase contract will not bear signs of use, will not be damaged, incomplete and will be returned with a copy of the proof of purchase (the Seller recommends insuring the goods against damage);

- If the value of the goods has been reduced (the goods are incomplete or damaged), the Buyer is obliged to compensate the missing value in money.

- The Buyer does not have the right to withdraw from the contract according to § 1829 of the Commercial Code if the goods have been modified according to his wishes or for his person.

Provided that the above conditions are met, the Buyer shall be refunded the price of the goods paid by him in the same way as received or, as agreed, by bank transfer or bank transfer to the Buyer's account within fourteen (14) days of withdrawal from the contract. However, the Seller shall not be obliged to refund the price paid by the Buyer for the Goods until the Consumer has handed over (delivered) the Goods to the Seller or proved that he has sent the Goods to the Seller.

4.1.3 The Entrepreneur has no right to withdraw from the concluded purchase contract.

4.1.4 The Buyer is not entitled to withdraw from the Purchase Agreement in the cases provided for in Section 1837 of the Commercial Code. Furthermore, the right of withdrawal from the purchase contract cannot be exercised if the returned bottle is not originally sealed with an undamaged cork.

4.1.5 If the returned Goods are damaged as a result of the Buyer's breach of duty, the Seller shall be entitled to claim compensation for the diminished value of the Goods and deduct this from the price paid by the Buyer for the returned Goods.

 

4.2 Withdrawal from the Contract by the Seller

4.2.1 The Seller shall be entitled to withdraw from the Purchase Contract concluded with the Buyer in the event of an obvious error in the price of the goods (i.e. a price obviously different from the usual price for this type/type of goods), unless it is clearly stated that the goods in question are an "extraordinary discount" or "special offer" or other indication of similar meaning. An obvious error in the price of the Goods is considered to be, for example, an erroneous indication of the first (last) three digits instead of four, an obviously low price of the Goods (e.g. 70% lower than the usual price for this type and type of Goods) and other obvious typing errors. In the event that such a situation arises, the Seller will contact the Buyer immediately to agree on further action. In the event that the Buyer has already paid part or all of the purchase price, this amount will be transferred back to the Buyer's account as soon as possible.

4.2.2 The Seller is entitled to withdraw from the purchase contract concluded with the Buyer in the event that the Goods are not available from the Seller for any reason (usually the wholesaler or producer has already sold out of the Goods or is waiting for a longer time for their delivery).

4.2.3 The Seller shall be entitled to withdraw from the Purchase Contract concluded with the Buyer in the event that, upon delivery of the package containing the Goods, it turns out that the Buyer is under 18 years of age (or fails to prove his/her age in the manner specified above, e.g. by means of an ID card), thereby violating the terms and conditions set forth in these GTC and the provisions of the Purchase Contract.

 

5) Prices and payment terms

5.1 The price is always stated within the E-shop, in the Order proposal and of course in the Contract. In the event of a discrepancy between the Price stated for the Goods within the E-shop and the Price stated in the Order Proposal, the Price stated in the Order Proposal shall apply and shall always be the same as the price in the Contract. Within the Order proposal, the Price for shipping is also indicated, or the conditions under which shipping is free of charge.

5.2 The total Price is quoted inclusive of VAT including any charges provided for by law.

5.3 Payment of the Total Price will be required from You before delivery of the Goods. Payment of the Total Price can be made by credit card online. In this case, payment will be made via the payment gateway Shoptet Pay (Adyen) and payment is subject to the terms and conditions of that payment gateway, which are available (in Czech) at: https://www.shoptetpay.com/cs/vseobecne-obchodni-podminky-shoptet-pay/ or on Adyen's website (in English) at: https://www.adyen.com/legal/terms-and-conditions-adyen-for-platforms

In the case of payment by card online, the Total Price is payable immediately.

5.4 The invoice will be issued in electronic form after payment of the Total Price and will be sent to the Customer's e-mail address. The invoice will also be physically attached to the Goods and available in the User Account.

5.5 Ownership of the Goods shall only pass to the Customer when the Customer has paid the Total Price and accepted the Goods. In the case of payment by bank transfer, the Total Price is paid by crediting the Seller's bank account, otherwise it is paid at the time of payment.

 

6) Delivery and transport conditions

6.1 Delivery of the goods shall be made by dispatch to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified by the Seller when processing the Order shall be decisive for the processing of the transaction. The Goods will be delivered to you by the method of your choice, usually by the shipping company DPD. Self collection is not possible for logistical reasons.

6.2 Personal collection at the Seller's premises is not possible for technical reasons.

6.3 The delivery time of the Goods always depends on their availability and the transport possibilities of the carrier. The delivery time indicated on the E-shop is only indicative and may differ from the actual delivery time.

6.4 Upon receipt of the Goods from the carrier, it is the Customer's obligation to check the integrity of the packaging of the Goods and in the event of any defects to notify the carrier and the Seller immediately. In the event that there is a defect in the packaging that indicates tampering and entry into the shipment, the Customer is not obliged to accept the Goods from the carrier.

6.5 In the event that the Customer breaches its obligation to accept the Goods, except as provided in Article 6.4 of the GTC, this shall not result in a breach of the Seller's obligation to deliver the Goods to the Customer. At the same time, the Customer's failure to accept the Goods shall not constitute a withdrawal from the Contract between the Seller and the Customer. However, the Seller in such case shall have the right to withdraw from the Contract due to a material breach of the Contract by the Customer. If the Seller chooses to exercise this right, the withdrawal shall be effective on the date on which the Seller delivers the withdrawal to the Customer. Withdrawal from the Contract shall not affect the right to payment of the Price for transport or the right to compensation for damages, if any.

6.6 If, for reasons arising on the Customer's side, the Goods are delivered repeatedly or in a different manner than agreed in the Contract, the Customer shall be obliged to reimburse the Seller for the costs of such repeated delivery. Payment details for payment of such costs shall be sent by the Seller to the Customer at the Customer's email address set out in the Contract and shall be payable within 14 days of receipt of the email.

6.7 The risk of damage to the Goods shall pass to the Buyer at the moment of acceptance. In the event that the Buyer does not take possession of the Goods, except as provided in Article 6.4 of the GTC, the risk of damage to the Goods shall pass to the Buyer at the time when the Buyer had the opportunity to take possession of the Goods but for reasons on the Buyer's side the Buyer did not take possession. The transfer of the risk of damage to the Goods to the Buyer means that from that moment the Buyer bears all consequences related to the loss, destruction, damage or any deterioration of the Goods.

6.8 In the event that the Goods have not been listed as in stock in the E-shop and an indicative period of availability has been given, the Seller shall inform the Buyer in the event of:

(a) an extraordinary failure in the production of the Goods, whereby a new expected period of availability will be communicated or information that it will not be possible to deliver the Goods;

(b) delay in delivery of the Goods from the Seller's supplier, whereby the Buyer will be advised of the new expected delivery time.

6.9 In the event that the Seller is unable to deliver the Goods to the Customer even within 60 days of the expiry of the delivery time specified in the Order Confirmation, for whatever reason, the Seller and the Buyer shall be entitled to withdraw from the Contract.

 

7) Liability for defects (warranty)

7.1 If the purchased goods are defective, the provisions on statutory liability for defects apply.

7.2 If the Customer is acting as a Consumer, he is obliged to claim the delivered goods with obvious damage in transit from the Supplier and inform the Seller thereof. If the Customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.

 

8) Applicable law

All legal relations between the parties shall be governed by the law of the Czech Republic. However, if you are a consumer, your rights under the law are not affected by this agreement.

 

9) Place of jurisdiction

The exclusive place of jurisdiction for all disputes arising out of the Contract or the GTC is the registered office of the Seller. If the Customer is based outside the Czech Republic, the Seller's registered office shall be the exclusive place of jurisdiction for all disputes. In any case, however, the Seller is entitled to apply to the court in the place of residence or business of the Customer.

 

10) Alternative Dispute Resolution

10.1 We handle Consumer complaints via the email address info@7deci.com. We will send information about the resolution of the complaint to the Buyer's e-mail.

10.2 The EU Commission provides an online dispute resolution platform on the internet at the following link: https://ec.europa.eu/consumers/odr.

This platform serves as a contact point for out-of-court dispute resolution arising from online purchase or service contracts involving a consumer.

10.3 The Seller is not obliged to participate in dispute resolution proceedings before a consumer arbitration board, but is prepared to do so.

 

11) Final provisions

11.1 The above GTC regulate the mutual rights and obligations between Ing. Jaromír Lednický, registered office at ul. Sedliště 430, 739 36, ID No.: 18108211, registered in Živnostenský úřad ve Frýdku-Místku ("Seller") and other persons, users of the services ("Customer" or "Buyer"). Legal relations arise from the contract for the provision of services and are concluded through the operator's website located on the website www.7deci.com (E-shop).

11.2.All written correspondence with the Customer shall be conducted by the Seller by electronic mail. The Seller's email address is listed in the Contact section of the E-shop.

11.3 In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, subcontractor failures, etc.), the Seller shall not be liable for damages caused as a result of or in connection with cases of force majeure, and if the state of force majeure lasts for more than 10 days, both the Seller and the Buyer shall have the right to withdraw from the Contract.

11.4 These GTC shall come into force on 1.1.2023.