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Terms and Conditions

 

I. Basic Provisions

1. These general terms and conditions (hereinafter referred to as "the terms and conditions") are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as "the Civil Code") by:

  • Motor AG s.r.o.
  • Company ID: 27615936
  • VAT ID: CZ27615936
  • registered office: Olešnice v Orlických horách No. 63, Olešnice v Orlických horách 517 83
  • registered with the Regional Court in Hradec Králové, Section C, Insert 37308
  • contact: Martin Nauš
  • email: pivovar@pivoagent.cz
  • phone: 603 212 443
  • web: pivoagent.cz

(hereinafter referred to as "the seller")

2. These terms and conditions govern the mutual rights and obligations of the seller and a natural person who concludes a purchase contract outside their business activity as a consumer, or within their business activity (hereinafter referred to as "the buyer"), via the web interface located on the website available at www.pivoagent.cz (hereinafter referred to as "the online shop").

3. The provisions of the terms and conditions are an integral part of the purchase contract. Any divergent arrangements in the purchase contract take precedence over the provisions of these terms and conditions.

4. These terms and conditions and the purchase contract are concluded in the Czech language.

II. Information about goods and prices

1. Information about goods, including the prices of individual items and their main characteristics, is provided for each item in the online shop catalogue. Prices include VAT, all related fees, and the costs of returning the goods if, by their nature, the goods cannot be returned by ordinary postal route. The prices of goods remain valid for as long as they are displayed in the online shop. This provision does not preclude the conclusion of a purchase contract on individually negotiated terms.

2. All presentation of goods placed in the online shop catalogue is of an informative nature, and the seller is not obliged to conclude a purchase contract regarding such goods.

3. Information about the costs associated with the packaging and delivery of goods is published in the online shop. Information about the costs associated with packaging and delivery published in the online shop is valid only in cases where the goods are delivered within the territory of the Czech Republic.

4. Any discounts on the purchase price of goods cannot be combined with one another, unless the seller and the buyer agree otherwise.

III. Order and conclusion of the purchase contract

1. Costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (internet connection costs, telephone call costs) are borne by the buyer. These costs do not differ from the basic rate.

2. The buyer places an order for goods in the following ways:

  • via their customer account, if they have previously registered in the online shop,
  • by completing the order form without registration.

3. When placing an order, the buyer selects the goods, the number of items, the method of payment and delivery.

4. Before submitting the order, the buyer is allowed to check and change the data entered. The buyer submits the order to the seller by clicking the relevant button. The data given in the order are considered correct by the seller. The condition for the validity of the order is the completion of all mandatory fields in the order form and the buyer's confirmation that they have read these terms and conditions.

5. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address provided by the buyer when ordering. This confirmation is automatic and is not considered the conclusion of a contract. The seller's current terms and conditions are attached to the confirmation. The purchase contract is concluded only upon acceptance of the order by the seller. Notification of acceptance of the order is delivered to the buyer's email address.

6. If the seller cannot fulfil any of the requirements stated in the order, the seller will send the buyer an amended offer to their email address. The amended offer is considered a new proposal for a purchase contract, and in such a case the purchase contract is concluded by the buyer's confirmation of acceptance of this offer to the seller's email address specified in these terms and conditions.

7. All orders accepted by the seller are binding. The buyer may cancel the order until the buyer is notified of the seller's acceptance of the order. The buyer may cancel the order by telephone to the phone number or email of the seller specified in these terms and conditions.

8. In the event of an obvious technical error on the seller's part when stating the price of the goods in the online shop, or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this manifestly incorrect price, even if the buyer has been sent an automatic confirmation of receipt of the order pursuant to these terms and conditions. The seller will inform the buyer of the error without undue delay and send the buyer an amended offer to their email address. The amended offer is considered a new proposal for a purchase contract, and in such a case the purchase contract is concluded by the buyer's confirmation of acceptance to the seller's email address.

IV. Customer account

1. Based on the buyer's registration in the online shop, the buyer can access their customer account. From their customer account, the buyer can order goods. The buyer may also order goods without registration.

2. When registering for a customer account and when ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data given in the user account whenever it changes. The data provided by the buyer in the customer account and when ordering goods are considered correct by the seller.

3. Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their customer account. The seller is not liable 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 user account, in particular if the buyer has not used their account for a long time, or in the event that the buyer breaches their obligations under the purchase contract or these terms and conditions.

6. The buyer acknowledges that the user account may not be available continuously, in particular with regard to necessary maintenance of the seller's hardware and software, or necessary maintenance of third-party hardware and software.

V. Payment terms and delivery of goods

1. The buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:

  • by cashless bank transfer to the seller's bank account No. 2300193835/2010, held at FIO banka,
  • by cashless payment by card,
  • by cashless transfer to the seller's account via a payment gateway,
  • by cash on delivery upon receipt of the goods,
  • in cash or by card on personal collection at the premises.

2. Together with the purchase price, the buyer is obliged to pay the seller the agreed costs associated with the packaging and delivery of the goods. Unless expressly stated otherwise below, the purchase price shall also include the costs associated with the delivery of the goods.

3. In the case of payment in cash, the purchase price is payable on receipt of the goods. In the case of cashless payment, the purchase price is payable within 1 day of the conclusion of the purchase contract.

4. In the case of payment via a payment gateway, the buyer follows the instructions of the relevant electronic payment provider.

5. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's bank account.

6. The seller does not require any advance payment or similar payment from the buyer in advance. Payment of the purchase price before the goods are dispatched is not an advance payment.

7. According to the Act on the Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, the seller is obliged to register the received sales with the tax administrator online; in the event of a technical failure, then within 48 hours at the latest.

8. The goods are delivered to the buyer:

  • to the address specified by the buyer in the order,
  • via a parcel collection point to the address specified by the buyer,
  • by personal collection at the seller's premises.

9. The choice of delivery method is made during the ordering of the goods.

10. The cost of delivery of the goods, depending on the method of dispatch and receipt of the goods, is specified in the buyer's order and in the seller's confirmation of the order. If the delivery method is agreed upon at the buyer's special request, the buyer bears the risk and any additional costs associated with this delivery method.

11. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to receive the goods upon delivery. If, for reasons on the buyer's side, the goods must be delivered repeatedly or in a manner other than that specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods or with the alternative method of delivery.

12. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging and, in the event of any defects, to notify the carrier immediately. If the buyer finds evidence of unauthorised entry into the consignment, the buyer need not accept the consignment from the carrier.

13. The seller shall issue a tax document — invoice — to the buyer. The tax document is sent to the buyer's email address / attached to the delivered goods.

14. The buyer acquires ownership of the goods upon payment of the full purchase price for the goods, including delivery costs, but at the earliest upon receipt of the goods. Liability for accidental destruction, damage, or loss of the goods passes to the buyer at the moment of receipt of the goods, or at the moment when the buyer was obliged to receive the goods but failed to do so in breach of the purchase contract.

VI. Withdrawal from the contract

1. A buyer who has concluded a purchase contract outside their business activity as a consumer has the right to withdraw from the purchase contract.

2. The withdrawal period is 14 days:

  • from the day of receipt of the goods,
  • from the day of receipt of the last delivery of goods, if the subject of the contract is several types of goods or the delivery of several parts,
  • from the day of receipt of the first delivery of goods, if the subject of the contract is regular repeated delivery of goods.

3. The buyer may not, among other things, withdraw from the purchase contract:

  • for the provision of services, if they were fulfilled with the buyer's prior express consent before the expiry of the withdrawal period and the seller informed the buyer before the conclusion of the contract that in such a case the buyer does not have the right to withdraw from the contract,
  • for the delivery of goods or services whose price depends on fluctuations of the financial market beyond the seller's control and which may occur during the withdrawal period,
  • for the delivery of alcoholic beverages, which can only be delivered after thirty days have elapsed and whose price depends on fluctuations of the financial market beyond the seller's control,
  • for the delivery of goods that have been modified according to the buyer's wishes or for the buyer's person,
  • for the delivery of goods that are perishable, as well as goods that have been irreversibly mixed with other goods after delivery,
  • for the delivery of goods in sealed packaging that the buyer has removed from the packaging and which, for hygienic reasons, cannot be returned,
  • for the delivery of an audio or video recording or a computer program, if the buyer has broken the original packaging,
  • for the delivery of newspapers, periodicals or magazines,
  • for the supply of digital content, if it was not delivered on a tangible medium and was delivered with the buyer's prior express consent before the expiry of the withdrawal period, and the seller informed the buyer before the conclusion of the contract that in such a case the buyer does not have the right to withdraw from the contract,
  • in other cases specified in Section 1837 of the Civil Code.

4. To comply with the withdrawal period, the buyer must send a declaration of withdrawal within the withdrawal period.

5. To withdraw from the purchase contract, the buyer may use the model withdrawal form provided by the seller. The buyer shall send the withdrawal from the purchase contract to the email or postal address of the seller specified in these terms and conditions. The seller shall confirm receipt of the form to the buyer without delay.

6. A buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawing from the contract. The buyer bears the costs associated with the return of the goods to the seller, even if the goods cannot be returned by ordinary postal route due to their nature.

7. If the buyer withdraws from the contract, the seller shall return to the buyer without undue delay, but no later than within 14 days of the withdrawal from the contract, all funds, including delivery costs, that the seller received from the buyer, in the same manner. The seller shall return the received funds to the buyer in a different manner only if the buyer agrees to it and provided that no additional costs are incurred.

8. If the buyer chose a different delivery method than the cheapest one offered by the seller, the seller shall reimburse the buyer for the cost of delivery of the goods in the amount corresponding to the cheapest delivery method offered.

9. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer hands over the goods or proves that the goods have been dispatched to the seller.

10. The buyer must return the goods to the seller undamaged, unworn, and uncontaminated and, if possible, in the original packaging. The seller is entitled to unilaterally set off the claim for damages incurred on the goods against the buyer's claim for the return of the purchase price.

11. The seller is entitled to withdraw from the purchase contract due to depletion of stocks, unavailability of goods, or if the manufacturer, importer, or supplier of the goods has interrupted production or import of the goods. The seller shall immediately inform the buyer via the email address specified in the order and shall return within 14 days of the notification of withdrawal from the purchase contract all funds, including delivery costs, received from the buyer under the contract, in the same manner or in a manner specified by the buyer.

VII. Rights from defective performance

1. The seller is liable to the buyer for the goods being free of defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer received the goods:

  • the goods have the characteristics agreed by the parties and, in the absence of an agreement, the characteristics described by the seller or the manufacturer or those expected by the buyer in view of the nature of the goods and on the basis of the advertising performed by them,
  • the goods are suitable for the purpose stated by the seller for their use or for the purpose for which goods of this type are normally used,
  • the goods conform in quality or design to the agreed sample or specimen, if the quality or design was determined according to the agreed sample or specimen,
  • the goods are in the appropriate quantity, measure, or weight and meet the requirements of the legal regulations.

2. The seller's obligations from defective performance are at least to the extent that the manufacturer's obligations from defective performance persist. Otherwise, the buyer is entitled to assert the right to a defect that occurs in consumer goods within twenty-four months of receipt.

3. If a period for which the goods may be used is indicated on the sold goods, their packaging, instructions attached to the goods, or in advertising in accordance with other legal regulations, the provisions on the quality guarantee shall apply. By the quality guarantee, the seller undertakes that the goods will be fit for normal use for a certain period of time or will retain their usual characteristics. If the buyer rightfully complained to the seller about a defect in the goods, the period for asserting rights from defective performance and the warranty period shall not run during the period in which the buyer cannot use the defective goods.

4. The provisions in the previous paragraph of the terms and conditions do not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear of the goods caused by their normal use, in the case of used goods to a defect corresponding to the level of use or wear that the goods had upon receipt by the buyer, or if it follows from the nature of the goods. The buyer is not entitled to rights from defective performance if the buyer knew before receiving the goods that the goods had a defect, or if the buyer themselves caused the defect.

5. In the event of a defect, the buyer may submit a complaint to the seller and request:

  • replacement with new goods,
  • repair of the goods,
  • a reasonable discount from the purchase price,
  • withdrawal from the contract.

6. The buyer has the right to withdraw from the contract:

  • if the goods have a substantial defect,
  • if the buyer cannot properly use the item due to a recurring occurrence of the defect or defects after repair,
  • in the case of a larger number of defects in the goods.

7. Substantial is a breach of contract which the breaching party already knew or must have known at the conclusion of the contract that the other party would not have concluded the contract if it had foreseen this breach.

8. For a defect that constitutes a non-substantial breach of contract (regardless of whether it is a removable or irremovable defect), the buyer is entitled to the removal of the defect or to a reasonable discount from the purchase price.

9. If a removable defect occurs repeatedly after repair (usually a third complaint for the same fault or a fourth for different faults) or if the goods have a larger number of defects (usually at least three defects at the same time), the buyer has the right to claim a discount from the purchase price, exchange of the goods, or to withdraw from the contract.

10. When making a complaint, the buyer is obliged to inform the seller which right they have chosen. A change of choice without the seller's consent is possible only if the buyer requested the repair of a defect that turns out to be irremovable. If the buyer does not choose their right from a substantial breach of contract in time, they have the same rights as in the case of a non-substantial breach of contract.

11. If repair or replacement of the goods is not possible, on the basis of withdrawal from the contract the buyer may demand a refund of the purchase price in full.

12. If the seller proves that the buyer knew about the defect before receiving the goods or caused it themselves, the seller is not obliged to satisfy the buyer's claim.

13. The buyer cannot file a complaint about discounted goods on the grounds for which those goods are discounted.

14. The seller is obliged to accept the complaint at any premises where the acceptance of complaints is possible, or at the registered office or place of business. The seller is obliged to issue a written confirmation to the buyer of when the buyer asserted the right, what is the content of the complaint, and what method of handling the complaint the buyer requires, as well as confirmation of the date and method of settlement of the complaint, including confirmation of the repair carried out and its duration, or a written justification for the rejection of the complaint.

15. The seller or an employee authorised by them shall decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate for the type of product or service required for expert assessment of the defect. The complaint, including the removal of the defect, must be handled without undue delay, no later than within 30 days from the date the complaint was made, unless the seller and the buyer agree on a longer period. Failure to comply with this deadline is considered a substantial breach of contract, and the buyer has the right to withdraw from the purchase contract. The moment the complaint is made is considered the moment when the buyer's expression of will (assertion of the right from defective performance) reaches the seller.

16. The seller will inform the buyer in writing of the result of the complaint.

17. The buyer is not entitled to rights from defective performance if the buyer knew before receiving the item that the item had a defect, or if the buyer caused the defect themselves.

18. In the case of a justified complaint, the buyer is entitled to compensation for reasonable costs incurred in connection with making the complaint. The buyer may exercise this right with the seller within one month after the expiration of the warranty period; otherwise, the court may not award it.

19. The choice of method of complaint rests with the buyer.

20. The rights and obligations of the contracting parties regarding rights from defective performance are governed by Sections 1914 to 1925, 2099 to 2117, and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.

21. Further rights and obligations of the parties related to the seller's liability for defects are regulated by the seller's complaint procedure.

VIII. Delivery

1. The contracting parties may deliver all written correspondence to each other via electronic mail.

2. The buyer delivers correspondence to the seller at the email address specified in these terms and conditions. The seller delivers correspondence to the buyer at the email address specified in their customer account or in the order.

IX. Personal data

1. All information you provide during our cooperation is confidential and will be treated as such. Without your written consent, we will not use your data in any way other than for the performance of the contract, with the exception of the email address to which commercial communications may be sent, as the law allows this procedure if you do not refuse it. These communications may only concern similar or related goods and can be unsubscribed at any time in a simple manner (by sending a letter, email, or clicking on a link in the commercial communication). For this purpose, the email address will be retained for a period of 3 years from the conclusion of the last contract between the contracting parties.

2. More detailed information on the protection of personal data can be found in the Privacy Policy.

X. Out-of-court settlement of disputes

1. The Czech Trade Inspection Authority, registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, web address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes from a purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr may be used for resolving disputes between the seller and the buyer arising from the purchase contract.

2. The European Consumer Centre Czech Republic, registered office at Štěpánská 567/15, 120 00 Prague 2, web address: http://www.evropskyspotrebitel.cz, is a contact point under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

3. The seller is entitled to sell goods on the basis of a trade licence. Trade inspection is carried out within its scope by the relevant trade licensing authority. The Czech Trade Inspection Authority, among other things, supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, within a defined scope.

XI. Final provisions

1. All arrangements between the seller and the buyer are governed by the legal system of the Czech Republic. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.

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. All rights to the seller's website, in particular copyright in the content, including page layout, photos, films, graphics, trademarks, logos, and other content and elements, belong to the seller. It is prohibited to copy, modify, or otherwise use the website or any part of it without the seller's consent.

4. The seller is not liable for errors arising as a result of interference by third parties with the online shop or as a result of its use contrary to its intended purpose. When using the online shop, the buyer must not use procedures that could have a negative effect on its operation and must not perform any activity that could enable them or third parties to interfere with or use without authorisation the software or other components forming the online shop, or to use the online shop or its parts or software in a manner contrary to its intended purpose.

5. The buyer hereby assumes the risk of changes in circumstances within the meaning of Section 1765(2) of the Civil Code.

6. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

7. The seller may change or supplement the wording of the terms and conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous wording of the terms and conditions.

8. A model form for withdrawal from the contract is attached to the terms and conditions.

 

These terms and conditions take effect on 1 April 2021.

 

This text was translated using AI; in case of any ambiguity or inaccuracy, the Czech version shall prevail.