Terms and conditions of Organic Wines s.r.o. and personal data protection
Focus of the company
Organic Wines offers quality and branded wines in organic and biodynamic quality. Some wines also meet the quality requirements of natural wines. These wines are carefully selected for you at all world organic wine exhibitions. We do not sell alcohol to persons under the age of 18.
I. Basic provisions
1. These General Terms and Conditions of Business (hereinafter referred to as "Terms and Conditions") are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as "Civil Code")
Organic Wines, s.r.o.
ID NO.: 05891299
registered office: Bratislavská 1527/15, Prague, 10200
registered at the Municipal Court in Prague, Section C, Insert 272561
Contact person: Lenka Uhrová
phone: +420 608 818 059
(hereinafter referred to as "Seller")
2. These Terms and Conditions govern the mutual rights and obligations of the Seller and the Buyer, through the web interface located at www.organic-wines.cz (hereinafter referred to as the "Online Shop").
3. The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. Any deviating provisions in the Purchase Agreement shall prevail over the provisions of these Terms and Conditions.
4. The Seller may change or supplement the wording of the Terms and Conditions. This provision shall not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
5. These Terms and Conditions and the Purchase Contract are concluded in the Czech language.
II. User account
1. On the basis of the Buyer's registration in the online shop, the Buyer may access his/her customer account. From his customer account the buyer can order goods.
2. When registering for a customer account and when ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the information provided in the user account whenever it changes. The information provided by the Buyer in the customer account and when ordering goods shall be deemed correct by the Seller.
3. Access to the customer account is secured by a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his customer account. The Seller is not responsible for any misuse of the customer account by third parties.
4. The Buyer is not entitled to allow third parties to use the customer account.
5. The Seller may cancel the customer account, in particular if the Buyer breaches its obligations under the Purchase Agreement and these Terms and Conditions.
6. The Buyer acknowledges that the user account may not be available continuously, especially with regard to necessary maintenance of the Seller's hardware and software equipment or necessary maintenance of hardware and software equipment of third parties.
III. Conclusion of the purchase contract and order
1. The seller is engaged in the sale of alcoholic beverages. For this reason, it is a condition for the conclusion of the purchase contract that the buyer is 18 years of age.
2. The web interface of the shop contains information about the goods, including the prices of individual goods and costs. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed in the web interface of the shop. The information on the costs associated with packaging and delivery of the goods listed applies only in cases where the goods are delivered within the Czech Republic.
3. Before sending the order, the buyer is allowed to check and change the data he has entered in the order. The Buyer sends the order to the Seller by clicking on the Order button. The information provided in the order is considered correct by the Seller. The validity of the order is subject to the completion of all mandatory data in the order form and the Buyer's confirmation that he has read these Terms and Conditions.
4. Upon receipt of the order, the Seller shall send the Buyer a confirmation of receipt of the order to the email address provided by the Buyer when placing the order. This confirmation is automatic and is not considered to be the conclusion of a contract.
5. In the event that any of the requirements specified in the order cannot be fulfilled by the Seller or there is a technical error in the online store, the Seller will make an amended offer to the Buyer by email or telephone call. The amended offer shall be deemed to be a new proposal of the purchase contract and the purchase contract shall be concluded in such case by the Buyer's confirmation of acceptance of this offer to the Seller at his email address specified in these Terms and Conditions.
6. The Buyer may cancel the order by telephone or by email to the Seller specified in these Terms and Conditions at any time before the goods are handed over to the carrier.
7. The Seller reserves the right to send the Buyer a different vintage of wine than may be specified on the website and subsequently in the order. The Seller is obliged to keep the same price to the Buyer for different vintages of wines
IV. Payment Terms
1. The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways:
1.1 by wire transfer to the Seller's account No. 2501191545/2010 , maintained at Fio Banka, a.s.
1.2 by cashless payment card
2.The Buyer may collect the goods in person at Zbraslavská 36/3, Praha Chuchle. In this case, the buyer has the option to pay on the spot:
2.1 in cash
2.2 cashless by credit card
3. The buyer has the option to pick up the wines at Průmyslová 1368, Praha Hostivice, but only after payment of the entire order by bank transfer or credit card
4. In case of picking up the wines in person, the buyer must wait for an email from the seller that the goods are ready for pick up. Otherwise, the Seller does not undertake to have the ordered goods available to the Buyer
5. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's bank account.
6. The Seller does not require any advance payment or any other similar payment from the Buyer. Payment of the purchase price prior to shipment of the goods is not a deposit
7. Unless personal collection is involved, the Seller shall hand over the Buyer's ordered wines to the carrier no later than 3 working days after receipt of payment into the Seller's account.
8. On receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects notify the carrier immediately. In the event that the packaging is found to have been breached, indicating that the shipment has been tampered with, the Buyer may not accept the shipment from the carrier.
9. The Seller shall issue a tax document - invoice to the Buyer. The tax document is sent to the buyer's email address
V. Withdrawal from the purchase contract
1. The Buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the delivery of goods in closed packaging, which the consumer has removed from the packaging and cannot be returned for hygienic reasons. In order for a wine quality claim to be accepted, the purchaser must also keep the purchased goods at a constant temperature of 8-12 °C, constant humidity, free from vibration and without substantial handling at all times.
2. Withdrawal from the purchase contract must be sent to the seller within 14 days of the conclusion of the contract. The buyer shall send the withdrawal from the purchase contract to firstname.lastname@example.org
3. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract. The Buyer shall bear the costs associated with the return of the goods to the Seller.
4. If the Buyer withdraws from the contract, the Seller shall return to the Buyer all monies, including delivery costs, received from the Buyer within 14 days of the withdrawal.
5. The Seller is entitled to withdraw from the contract of sale due to the sale of stock, unavailability of the goods, or if the manufacturer, importer or supplier of the goods has discontinued the production or import of the goods. The Seller shall immediately inform the Buyer by means of the email address specified in the order or by telephone and shall return all monies, including delivery costs, received from the Buyer under the contract within 14 days of the notice of withdrawal in the same manner
VI. Delivery of the goods
If the Seller is obliged under the contract to deliver the goods to the place specified by the Buyer in the order, the Buyer shall take delivery of the goods on delivery.
2. In the event that 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.
VII. Rights from defective performance
1. the Seller shall be liable to the Buyer that the goods are free from defects on receipt
2. After the Buyer has taken delivery of the ordered goods, the Seller shall not be liable for damages caused by improper storage or handling of the goods by the Buyer. Only demonstrable sensory defects in the quality of the wines, which occurred prior to their delivery to the Buyer, are recognised as a legitimate claim
3. The shelf life of each type of wine and spirits is individual. The optimum shelf life and the possible storage period are indicated separately for each wine
4. In the event of a demonstrable defect, the Buyer may submit a claim to the Seller and demand:
4.1 replacement with new goods,
4.3 withdraw from the contract.
5.The complaint must be settled without delay, no later than 30 days from the date of the complaint, unless the Seller and the Buyer agree on a longer period. The expiry of this period in vain shall be considered a material breach of contract and the buyer shall have the right to withdraw from the purchase contract.
6. The buyer is not entitled to the right of defective performance if the buyer knew before taking over the item that the item had a defect, or if the buyer caused the defect himself
VIII. Final Provisions
1. All agreements between the Seller and the Buyer shall be governed by the laws of the Czech Republic
2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
3. The Seller shall not be liable for errors resulting from third party interference with the online shop or its use contrary to its purpose. The Buyer shall not use any procedures in the use of the online shop that could have a negative effect on its operation and shall not perform any activity that could enable him or third parties to interfere with or make unauthorised use of the software or other components forming the online shop and use the online shop or its parts or software in a manner that would be contrary to its purpose or intent.
4. Acceptance of the tax document by the customer
The invoice (tax document) issued by Organic Wines s.r.o. for the ordered goods is sent to the customer by email. If the customer wishes to receive a printed invoice, it is necessary to notify us.
The prices of individual items are subject to the current price list of Organic Wines s.r.o. The company reserves the right to make changes. The prices listed for products on the e-shop are inclusive of VAT.
6. Durability, vintages of wines
The shelf life of each type of wine and spirits is individual. In most cases, the optimum shelf life and possible archiving period are indicated separately for each wine. Unless stated, the wine should be consumed within 2 years of purchase.
As a natural product, quality wine changes vintage every year, with a wide range of wines, changes can occur faster than it is sufficient to update the online offer or printed catalogue presentation. If the vintage changes at the time of order, the next vintage is automatically delivered. If the buyer insists on the stated vintage and does not want a different one, they must indicate this prominently in the notes below the order.
In order to simplify the orientation in the offer, the customer can use filters such as vegan wine, unsulphured wine, natural wine, etc. The classification of a wine into a category is done primarily on the basis of certification (organic, vegan, demeter), secondarily according to the declaration of the winemaker (e.g. vegan: "Yes, uncertified" means that the wine is uncertified, but classified on the basis of the winemaker's declaration) or the obtained technical certificate for the wine. If the customer suffers from any allergy, for example to animal protein or sulphites, please contact us. We will double-check the information (vegan, non-sulphur, etc.) about the wines or recommend only those that have the appropriate certification. Organic Wines is not responsible for misclassification in the filter due to e.g. human error.
8. Changes to the terms and conditions
Payment, transport, claims and terms and conditions are subject to the current terms and conditions of Organic Wines s.r.o. and their authorised distribution partners. Organic Wines s.r.o. reserves the right to change the prices and vintages of the wines offered according to the current valid offer. The supplier reserves the right to change the terms and conditions.
The buyer agrees to the processing of the following personal data: name, surname, address, telephone contact, e-mail contact, in the case of company data, VAT number.
Information about customers is stored in accordance with the applicable laws of the Czech Republic, in particular the Personal Data Protection Act No. 101/2000 Coll., as amended. They are not provided to third parties - except for the transfer of necessary data to courier services for the delivery of goods.
All published materials on the www.organic-wines.cz webshop are protected by Copyright Act No. 121/2000 Coll.