Terms and Conditions

Terms and Conditions

• General Business Terms and Conditions

1. These general business terms and conditions (hereinafter referred to as "Terms and Conditions") are issued pursuant to Section 1751 and following of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code").

• Beerex s.r.o.
• Company ID: 28501705
• VAT ID: CZ28501705
• Registered office: Modřanská 1387/11, Modřany, 143 00 Prague 4
• Registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 146235
• Contact information: Beerex s.r.o., Pod Můstkem 884/6, 252 19 Rudná u Prahy
• Email: vkoncal@beerex.cz
• Phone: +420 776 538 589
• Website: https://424355.myshoptet.com

(hereinafter referred to as the "seller")

1. These Terms and Conditions govern the mutual rights and obligations of the seller and any individual who enters into a purchase agreement either outside of their business activity as a consumer or within the scope of their business activity (hereinafter referred to as the "buyer") through the online interface located on the website available at https://424355.myshoptet.com (hereinafter referred to as the "online store").
2. The provisions of these Terms and Conditions form an integral part of the purchase agreement. Any divergent provisions in the purchase agreement take precedence over the provisions of these Terms and Conditions.
3. These Terms and Conditions and the purchase agreement are concluded in the Czech language.

1. Information on Goods and Prices

1. Information about the goods, including individual item prices and main features, is provided for each item in the online store catalog. Prices of goods are listed inclusive of value-added tax, all related fees, and any costs associated with returning goods if such goods cannot be returned via ordinary postal methods due to their nature. Prices remain valid as long as they are displayed in the online store. This provision does not exclude the possibility of concluding a purchase agreement under individually agreed terms.
2. All goods presentations in the online store catalog are for informational purposes, and the seller is not obligated to conclude a purchase agreement for these goods.
3. The online store publishes information on packaging and delivery costs. The packaging and delivery cost information in the online store applies only when goods are delivered within the territory of the Czech Republic.
4. Any discounts on the purchase price of goods cannot be combined unless otherwise agreed by the seller and buyer.

III. Order and Conclusion of the Purchase Agreement

1. The buyer bears any costs incurred from using remote communication means related to concluding the purchase agreement (such as internet connection costs or telephone charges). These costs do not differ from the standard rate.
2. The buyer places an order for goods in the following ways:

• through their customer account, if they have previously registered in the online store,
• by filling out the order form without registration

1. When placing an order, the buyer selects the goods, quantity, payment method, and delivery method. 
2. Before submitting the order, the buyer is allowed to review and modify the information they have entered. The buyer submits the order to the seller by clicking the submit button. The details provided in the order are considered correct by the seller. A condition for the order’s validity is the completion of all required fields in the order form and the buyer’s confirmation of having read these Terms and Conditions.
3. Immediately after receiving the order, the seller sends the buyer a confirmation of receipt to the email address provided by the buyer during ordering. This confirmation is automatic and is not considered a contract. The current Terms and Conditions of the seller are attached to the confirmation. The purchase agreement is concluded only after the seller accepts the order. The acceptance of the order is sent to the buyer's email address. / Immediately after receiving the order, the seller sends the buyer a confirmation of receipt to the email address provided by the buyer during ordering. This confirmation is considered a contract. The current Terms and Conditions of the seller are attached to the confirmation. The purchase agreement is concluded by the seller's confirmation of the order to the buyer's email address.
4. If any of the requirements specified in the order cannot be fulfilled by the seller, the seller will send a modified offer to the buyer’s email address. The modified offer is considered a new proposal for the purchase agreement, and the purchase agreement is concluded upon the buyer’s acceptance of this offer sent to the seller’s email address provided in these Terms and Conditions.
5. All orders received by the seller are binding. The buyer may cancel an order until the notification of acceptance by the seller is delivered to them. The buyer may cancel the order by phone or email, using the contact details provided in these Terms and Conditions.
6. In case of an obvious technical error on the part of the seller when displaying the price of goods in the online store or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this clearly incorrect price, even if the buyer has received an automatic confirmation of receipt of the order according to these Terms and Conditions. The seller will inform the buyer of the error without undue delay and send a modified offer to the buyer’s email address. The modified offer is considered a new proposal for the purchase agreement, and the purchase agreement is concluded by the buyer’s acceptance of this offer sent to the seller’s email address.

1. Customer Account

1. Based on the buyer’s registration in the online store, the buyer can access their customer account. From their customer account, the buyer can place orders for goods. The buyer can also place orders without registration.
2. When registering for a customer account and when ordering goods, the buyer is obliged to provide correct and truthful information. The buyer is required to update the information in their customer account whenever it changes. The information provided by the buyer in the customer account and when ordering goods is considered correct by the seller.
3. Access to the customer account is secured by a username and password. The buyer is required to keep the information necessary for accessing their customer account confidential. The seller is not responsible for any misuse of the customer account by third parties.
4. The buyer is not authorized to allow third parties to use their customer account.
5. The seller may cancel the user account, particularly if the buyer has not used the account for an extended period or if the buyer breaches their obligations under the purchase agreement or these terms and conditions.
6. The buyer acknowledges that the customer account may not be continuously available, especially due to necessary maintenance of the seller's hardware and software equipment, or the maintenance of hardware and software equipment of third parties.

1. Payment Terms and Delivery of Goods

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

• Bank transfer to the seller's bank account number 115-1716360217/0100, held at Komerční banka,
• Payment by credit/debit card,
• Bank transfer via the GoPay payment gateway,
• Cash on delivery upon receipt of the goods,
• In cash or by credit/debit card when collecting the goods in person at the seller’s establishment.

1. Along with the purchase price, the buyer is obligated to pay the seller the costs associated with packaging and delivery of the goods at the agreed amount. Unless explicitly stated otherwise, the purchase price also includes the costs related to the delivery of goods.
2. In the case of cash payment, the purchase price is due upon receipt of the goods. In the case of a cashless payment, the purchase price is due within 2 days from the conclusion of the purchase agreement.
3. When paying via the payment gateway, the buyer should follow the instructions provided by the respective electronic payment service provider.
4. In the case of a cashless payment, the buyer’s obligation to pay the purchase price is fulfilled upon the corresponding amount being credited to the seller’s bank account.
5. The seller does not require any deposit or similar pre-payment from the buyer. Payment of the purchase price before the goods are shipped is not considered a deposit.
6. According to the Act on the Registration of Sales, the seller is obligated to issue a receipt to the buyer. The seller is also obligated to register the received payment with the tax administrator online, and in the case of a technical failure, within 48 hours at the latest.
7. The goods will be delivered to the buyer:

• to the address specified by the buyer in the order,
• by personal collection at the seller’s establishment.

1. The choice of delivery method is made during the ordering process. 
2. The costs associated with delivery of goods, depending on the chosen method of shipment and receipt, are specified in the buyer’s order and in the order confirmation sent by the seller. If the delivery method is agreed upon based on the buyer’s special request, the buyer bears the risk and any additional costs associated with that specific delivery method.
3. If the seller is obligated by the purchase agreement to deliver goods to the location specified by the buyer in the order, the buyer is required to accept the goods upon delivery. If, due to reasons on the buyer's side, the goods need to be re-delivered or delivered by a different method than originally stated in the order, the buyer is responsible for paying the costs associated with re-delivery or alternative delivery methods.
4. Upon receiving the goods from the carrier, the buyer must check the integrity of the packaging and immediately notify the carrier of any damage. If the packaging is found to be damaged, indicating unauthorized tampering with the shipment, the buyer may refuse to accept the shipment from the carrier.
5. The seller will issue a tax document (invoice) to the buyer. The tax document will be sent to the buyer’s email address.
6. The buyer acquires ownership of the goods by paying the full purchase price for the goods including delivery costs, but not before taking delivery of the goods.
7. The responsibility for accidental damage, destruction, or loss of the goods passes to the buyer at the moment the goods are accepted or at the moment the buyer should have accepted the goods but failed to do so in violation of the purchase agreement.

1. Withdrawal from the Contract

A buyer who has entered into a purchase contract outside of their business activities as a consumer has the right to withdraw from the purchase contract.

1. The withdrawal period is 14 days:

• from the day the goods are received,
• from the day the last delivery of goods is received, if the contract concerns several types of goods or deliveries of multiple parts,
• from the day the first delivery of goods is received, if the contract concerns regular repeated deliveries of goods.

1. The buyer cannot withdraw from the purchase contract, among other cases:

• in the case of services provided if they were fulfilled with the buyer's prior express consent before the expiration of the withdrawal period and the seller informed the buyer before concluding the contract that they would not have the right to withdraw in such a case,
• for the delivery of goods or services whose price depends on fluctuations in the financial market beyond the seller's control, which may occur during the withdrawal period,
• for the delivery of alcoholic beverages that can be delivered after 30 days and whose price depends on fluctuations in the financial market beyond the seller's control,
• for the delivery of goods that were customized according to the buyer's wishes or for their personal use,
• for the delivery of goods that are perishable or goods that were irreversibly mixed with other goods after delivery,
• for the delivery of goods in a sealed package, which the buyer has removed from the packaging and, for hygiene reasons, cannot be returned,
• for the delivery of sound or video recordings or computer programs, if their original packaging has been breached,
• for the delivery of newspapers, periodicals, or magazines,
• for the delivery of digital content not supplied on a physical medium and delivered with the buyer's prior express consent before the expiration of the withdrawal period, with the seller informing the buyer before concluding the contract that they would not have the right to withdraw in such a case,
• in other cases specified in Section 1837 of the Civil Code.

1. To comply with the withdrawal period, the buyer must send a declaration of withdrawal within the withdrawal period.
2. The buyer may use the model withdrawal form provided by the seller to withdraw from the contract. The withdrawal form must be sent to the seller’s email or postal address as stated in these terms and conditions. The seller will promptly confirm receipt of the form to the buyer.
3. A buyer who has withdrawn from the contract is required to return the goods to the seller within 14 days of the withdrawal. The buyer bears the costs associated with returning the goods, even if the goods cannot be returned by ordinary postal means due to their nature.
4. If the buyer withdraws from the contract, the seller will promptly, and no later than 14 days after the withdrawal, return all the money received, including delivery costs, to the buyer in the same manner. The seller will return the received funds in another way only if the buyer agrees and no additional costs are incurred.
5. If the buyer selected a delivery method other than the cheapest offered by the seller, the seller will return the delivery costs to the buyer corresponding to the cheapest offered delivery method.
6. The seller is not required to return the funds received until the buyer has either returned the goods or provided proof that the goods have been sent back to the seller.
7. The goods must be returned to the seller in an undamaged, unused, and unsoiled condition, and where possible, in the original packaging. The seller has the right to offset any damage to the goods against the buyer’s claim for a refund of the purchase price.
8. The seller has the right to withdraw from the purchase contract due to out-of-stock items, unavailability of goods, or when the manufacturer, importer, or supplier has discontinued production or import of the goods. The seller will immediately inform the buyer via the email address provided in the order and will return all the money received, including delivery costs, within 14 days of the notification of withdrawal from the contract, in the same manner or in another method chosen by the buyer.

VII. Rights from defective performance

1. The seller is responsible to the buyer for ensuring that the goods are free from defects upon receipt. Specifically, the seller is responsible to the buyer that, at the time of receipt:

• the goods have the properties that the parties have agreed upon, and if there is no agreement, the goods have the properties described by the seller or manufacturer, or those that the buyer could reasonably expect based on the nature of the goods and the advertising made by them,
• the goods are suitable for the purpose the seller has specified or for the usual purposes of such goods,
• the goods correspond in quality or execution to the agreed sample or model, if quality or execution is determined based on the agreed sample or model,
• the goods are in the appropriate quantity, measure, or weight, and
• the goods comply with the requirements of legal regulations.

1. The seller's obligations regarding defective performance must at least be as extensive as those of the manufacturer. The buyer is otherwise entitled to assert rights for defects that occur in consumer goods within twenty-four months of receipt.
2. If the goods, their packaging, the instructions attached to the goods, or the advertising indicate a period during which the goods can be used, the provisions regarding the guarantee of quality apply. A guarantee of quality means that the seller commits to ensuring that the goods will be suitable for normal use for a specific period or will retain their usual properties. If the buyer justifiably points out a defect in the goods, the limitation period for asserting rights from defective performance or the warranty period does not run for the duration of the time the buyer cannot use the defective goods.
3. The provisions in the previous paragraph of these terms and conditions do not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear caused by normal use, to used goods for defects corresponding to the level of use or wear the goods had when received by the buyer, or if it follows from the nature of the goods. The right to defective performance does not apply if, prior to receiving the goods, the buyer knew that the goods had a defect, or if the defect was caused by the buyer themselves.
4. In the case of a defect, the buyer may submit a complaint to the seller and request...

• a replacement for new goods,
• repair of the goods,
• an appropriate discount on the purchase price,
• withdrawal from the contract.

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

• if the goods have a significant defect,
• if the goods cannot be properly used due to the repeated occurrence of a defect or defects after repair,
• if there is a large number of defects in the goods.

1. A significant breach is one where the party violating the contract knew or should have known at the time of entering into the contract that the other party would not have entered into the contract had it anticipated this breach.
2. For a defect that constitutes a non-significant breach of the contract (whether the defect is removable or not), the buyer is entitled to have the defect removed or receive an appropriate discount on the purchase price.
3. If a removable defect occurs repeatedly after repair (usually after the third complaint for the same defect or the fourth for different defects) or if the goods have a large number of defects (usually at least three defects simultaneously), the buyer has the right to request a discount on the purchase price, replacement of the goods, or withdraw from the contract.
4. When making a complaint, the buyer is required to inform the seller of the right they have chosen. A change of choice without the seller's consent is only possible if the buyer requested a repair of the defect that turns out to be unremovable. If the buyer does not choose their right from the substantial breach of the contract in a timely manner, they will have the same rights as in the case of a non-significant breach of the contract.
5. If repair or replacement of the goods is not possible, the buyer may request a full refund of the purchase price upon withdrawal from the contract.
6. If the seller proves that the buyer was aware of the defect of the goods before accepting them or caused the defect themselves, the seller is not obligated to satisfy the buyer's claim.
7. The buyer cannot complain about discounted goods for the reason for which the goods were discounted.
8. The seller is obligated to accept complaints at any location where complaints can be processed, alternatively at the seller’s registered office or place of business. The seller must provide the buyer with a written confirmation stating when the buyer exercised their right, the content of the complaint, the requested method of complaint resolution, and confirmation of the date and method of resolution, including confirmation of the repair and its duration, or a written explanation for rejecting the complaint.
9. The seller or their authorized employee will decide on the complaint immediately, and in complex cases, within three working days. This period does not include the time reasonably required for professional assessment of the defect based on the type of product or service. The complaint, including the removal of the defect, must be resolved without undue delay, and no later than 30 days from the date the complaint was filed, unless the seller and the buyer agree on a longer period. The expiration of this period without resolution is considered a fundamental breach of the contract, and the buyer has the right to withdraw from the purchase agreement. The moment the complaint is filed is considered the moment when the buyer's intent (exercise of the right to claim a defect) reaches the seller.
10. The seller must inform the buyer in writing about the outcome of the complaint.
11. The buyer is not entitled to rights from defective performance if they knew about the defect before accepting the item or if the buyer caused the defect themselves.
12. In the case of a justified complaint, the buyer has the right to reimbursement for the costs reasonably incurred in connection with the complaint. The buyer can claim this right from the seller within one month after the expiration of the warranty period; otherwise, the court may not recognize the claim.
13. The choice of the complaint procedure belongs to the buyer.
14. The rights and obligations of the contractual parties regarding rights from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code, as well as by Act No. 634/1992 Coll., on Consumer Protection.

VIII. Delivery

1. The contractual parties may deliver all written correspondence to each other via email. 
2. The buyer sends correspondence to the seller's email address provided in these terms and conditions. The seller sends correspondence to the buyer's email address provided in the buyer's customer account or order.

1. Personal Data

1. All information provided by the buyer during cooperation with the seller is confidential and will be treated as such. Unless the buyer gives written consent, the seller will not use the buyer's data for any purpose other than fulfilling the contract, except for the email address, to which commercial communications may be sent, as allowed by law unless expressly refused. These communications may only concern similar or related goods and may be unsubscribed at any time by sending a letter, email, or by clicking a link in the commercial message. The email address will be kept for this purpose for 3 years from the conclusion of the last contract between the parties.
2. More detailed information about personal data protection can be found in the Privacy Policy HERE.

1. Out-of-court Dispute Resolution

1. The Czech Trade Inspection Authority (Česká obchodní inspekce) with its seat at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: https://adr.coi.cz/cs is responsible for the out-of-court resolution of consumer disputes arising from the purchase agreement. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr can be used for resolving disputes between the seller and the buyer from the purchase agreement.
2. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and the Council of 21 May 2013 on the online resolution of consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).
3. The seller is authorized to sell goods based on a business license. The relevant trade office carries out trade supervision within its jurisdiction. The Czech Trade Inspection Authority supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, to the extent defined.

1. Final Provisions

1. All agreements between the seller and the buyer are governed by the legal system of the Czech Republic. If the relationship established by the purchase agreement contains an international element, the parties agree that the relationship will be governed by the law of the Czech Republic. This does not affect the consumer's 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, paragraph 1, letter e) of the Civil Code.
3. All rights to the seller's website, including copyright to the content, such as the layout of the page, photos, videos, graphics, trademarks, logos, and other content and elements, belong to the seller. Copying, modifying, or otherwise using the website or any part of it without the seller's consent is prohibited.
4. The seller is not liable for errors caused by third-party interference with the online store or its use in violation of its intended purpose. The buyer must not use methods that could negatively impact the operation of the online store, nor may they engage in any activity that could allow them or third parties to unlawfully interfere with or use the software or other components of the online store. The buyer must not use the online store or its parts, including its software, in a way that is inconsistent with its intended use or purpose.
5. The buyer hereby assumes the risk of change in circumstances within the meaning of Section 1765, paragraph 2 of the Civil Code.
6. The purchase agreement, 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 terms and conditions. This provision does not affect the rights and obligations arising during the effectiveness of the previous version of the terms and conditions.
8. Attached to the terms and conditions is a sample form for withdrawal from the contract.

These terms and conditions come into effect on April 9, 2021.