Gordon Gekko Enterprises, s.r.o.
Registered office: Stará louka 353/8, Karlovy Vary, 360 01, ID number: 29118182, registered in the Commercial Register maintained by the Regional Court in Plzeň, section C, insert 26262, for the sale of goods via the online store located at: www.beerland.store
1. INTRODUCTORY PROVISIONS
1.1. These business terms and conditions (hereinafter referred to as “terms and conditions”) of the company Gordon Gekko Enterprises, s.r.o., with its registered office at Stará louka 353/8, Karlovy Vary, 360 01, ID number: 29118182, registered in the Commercial Register maintained by the Regional Court in Plzeň, section C, insert 26262 (hereinafter referred to as “seller”), regulate in accordance with the provisions of § 1751 para. 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”) the mutual rights and obligations of the contracting parties arising in connection with or based on a purchase contract (hereinafter referred to as the “purchase contract”) concluded between the seller and another natural person (hereinafter referred to as the “buyer”) via the seller’s online store. The online store is operated by the seller on the website located at www.beerland.store (hereinafter referred to as the “website”), through the interface of the website (hereinafter referred to as the “web interface of the store”).
1.2. The terms and conditions do not apply to cases where a person who intends to purchase goods from the seller is a legal entity or a person acting in the course of ordering goods within their business activity or within their independent exercise of a profession.
1.3. Provisions deviating from the terms and conditions may be agreed upon in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.4. The provisions of the terms and conditions are an integral part of the purchase contract. The purchase contract and the terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
1.5. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect rights and obligations arising during the period of effectiveness of the previous wording of the terms and conditions.
2. CONCLUSION OF THE PURCHASE CONTRACT
2.1. All presentations of goods placed in the web interface of the store are informative and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of § 1732 para. 2 of the Civil Code do not apply.
2.2. 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 these goods by their nature cannot be returned by usual postal means. The prices of goods are listed including value-added tax and all related fees. The prices of goods remain valid as long as 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 agreed conditions.
2.3. The web interface of the store also contains information about the costs associated with packaging and delivering the goods. Information about the costs associated with packaging and delivering the goods listed in the web interface of the store applies only in cases where the goods are delivered within the territory of the Czech Republic.
2.4. To order goods, the buyer fills out an order form in the web interface of the store. The order form contains in particular information about:
- the ordered goods (the ordered goods are “inserted” by the buyer into the electronic shopping cart of the web interface of the store),
- the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods, and
- information about the costs associated with the delivery of the goods (collectively referred to as the “order”).
2.5. Before sending the order to the seller, the buyer is allowed to check and change the data entered in the order, including the ability of the buyer to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking the “Confirm order” button. The data listed in the order are considered correct by the seller. The seller immediately upon receipt of the order confirms this receipt to the buyer by electronic mail to the buyer’s electronic mail address specified in the user account or in the order (hereinafter referred to as the “buyer’s electronic address”).
2.6. Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated transport costs), the seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
2.7. The contractual relationship between the seller and the buyer arises upon delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by electronic mail, to the electronic mail address of the buyer.
2.8. The buyer agrees to the use of remote communication means in concluding the purchase contract. The costs incurred by the buyer when using remote communication means in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the buyer himself, and these costs do not differ from the basic rate.
3. PRICE OF GOODS AND PAYMENT TERMS
3.1. The price of the goods and any costs associated with the delivery of the goods under the purchase contract can be paid by the buyer to the seller in the following ways:
- By payment card
- PayPal
3.2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivering the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
3.3. The seller does not require a deposit or any similar payment from the buyer. This does not affect the provisions of Article 4.6 of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.
3.4. The seller is entitled, especially in the case where the buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the entire purchase price before sending the goods to the buyer. The provisions of § 2119 para. 1 of the Civil Code do not apply.
3.5. Any discounts from the price of goods provided by the seller to the buyer cannot be combined with each other.
3.6. If it is customary in business relations or if it is stipulated by generally binding legal regulations, the seller issues a tax document – invoice to the buyer regarding payments made under the purchase contract. The seller is a payer of value-added tax. The tax document – invoice is 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 or sent printed in the package together with the goods.
4. WITHDRAWAL FROM THE PURCHASE AGREEMENT
4.1. The Buyer acknowledges that under the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from the purchase agreement for the delivery of goods that have been customized according to the Buyer’s wishes or for their person, from the purchase agreement for the delivery of goods that are subject to rapid deterioration, as well as goods that have been irreversibly mixed with other goods after delivery, from the purchase agreement for the delivery of goods in a sealed package which the consumer has removed from the package and it is not possible to return it for hygienic reasons, and from the purchase agreement for the delivery of an audio or video recording or computer program, if their original packaging has been breached.
4.2. If it is not a case mentioned in Art. 4.1 of the business terms and conditions or another case where it is not possible to withdraw from the purchase agreement, the Buyer has the right to withdraw from the purchase agreement in accordance with the provisions of Section 1829, Paragraph 1 of the Civil Code, within fourteen (14) days from the receipt of the goods, provided that if the subject of the purchase agreement is several types of goods or the delivery of several parts, this period starts from the day of receipt of the last delivery of goods. The withdrawal from the purchase agreement must be sent to the Seller within the period specified in the previous sentence. The Buyer may use the sample form provided by the Seller for withdrawal from the purchase agreement, which forms an appendix to the business terms and conditions. The Buyer can send the withdrawal from the purchase agreement to the Seller’s address of operation or to the Seller’s email address: office@beerspa-beerland.com
4.3. In the event of withdrawal from the purchase agreement according to Art. 4.2 of the business terms and conditions, the purchase agreement is canceled from the beginning. The goods must be returned by the Buyer to the Seller within fourteen (14) days from the delivery of the withdrawal from the purchase agreement to the Seller. If the Buyer withdraws from the purchase agreement, the Buyer bears the costs associated with returning the goods to the Seller, even if the goods cannot be returned due to their nature by ordinary postal means.
4.4. In the event of withdrawal from the purchase agreement according to Art. 4.2 of the business terms and conditions, the Seller will return the monetary funds received from the Buyer within fourteen (14) days from the withdrawal from the purchase agreement by the Buyer, in the same manner as the Seller received them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer already upon the return of the goods by the Buyer or in another way if the Buyer agrees and if this does not result in additional costs for the Buyer. If the Buyer withdraws from the purchase agreement, the Seller is not obliged to return the received monetary funds to the Buyer before the Buyer returns the goods to the Seller or proves that the goods have been sent to the Seller.
4.5. The Seller is entitled to unilaterally set off the claim for compensation for damage caused to the goods against the Buyer’s claim for the return of the purchase price.
4.6. In cases where the Buyer has the right to withdraw from the purchase agreement in accordance with the provisions of Section 1829, Paragraph 1 of the Civil Code, the Seller is also entitled to withdraw from the purchase agreement at any time until the Buyer takes delivery of the goods. In such a case, the Seller will return the purchase price to the Buyer without undue delay, cashlessly to the account designated by the Buyer.
4.7. If a gift is provided to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the resolutive condition that if the Buyer withdraws from the purchase agreement, the gift contract loses its effect and the Buyer is obliged to return the provided gift to the Seller together with the goods.
5. TRANSPORT AND DELIVERY OF GOODS
5.1. If the method of transport is agreed upon based on a special request by the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.
5.2. If the Seller is obliged under the purchase agreement to deliver the goods to a place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery. The delivery period is 7 – 30 days after payment of the order.
5.3. In the event that it is necessary for reasons on the part of the Buyer to deliver the goods repeatedly or in another way than was stated in the order, the Buyer is obliged to pay the costs associated with repeated delivery of goods, or the costs associated with another method of delivery.
5.4. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and in case of any defects, to notify the carrier immediately. In the case of finding a violation of the packaging indicating unauthorized intrusion into the shipment, the Buyer may not accept the shipment from the carrier. This does not affect the Buyer’s rights from liability for defects in the goods and other rights of the Buyer arising from generally binding legal regulations.
5.5. Additional rights and obligations of the parties in the transport of goods may be regulated by the Seller’s special delivery conditions if issued by the Seller.
5.6. The sale of alcohol is prohibited to persons under 18 years of age.
6. RIGHTS FROM DEFECTIVE PERFORMANCE
6.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended).
6.2. The Seller is liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer received the goods:
6.2.1. the goods have the properties agreed upon by the parties, and in the absence of an agreement, they have such properties that the Seller or manufacturer described or which the Buyer expected given the nature of the goods and based on the advertising conducted by them,
6.2.2. the goods are suitable for the purpose that the Seller states for their use or for which goods of this type are usually used,
6.2.3. the goods correspond in quality or design to the agreed sample or template if the quality or design was determined according to the agreed sample or template,
6.2.4. the goods are in the appropriate quantity, measure, or weight, and
6.2.5. the goods comply with the requirements of legal regulations.
6.3. If a defect appears within six months of receipt, it is assumed that the goods were defective at the time of receipt.
6.4. 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 exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt. If the period for which the goods can be used is stated on the sold goods, their packaging, the attached instructions for use, or in advertising in accordance with other legal regulations, the provisions on the quality guarantee apply. By guaranteeing the quality, the Seller undertakes that the goods will be fit for use for the usual purpose or that they will retain their usual properties for a certain period. If the Buyer has rightfully pointed out a defect in the goods to the Seller, the period for exercising rights from defective performance or the warranty period does not run for the time during which the Buyer cannot use the defective goods.
6.5. The provisions stated in Art. 6.4 of the business terms and conditions do not apply to goods sold at a lower price for a defect for which the lower price was agreed, for wear and tear of goods caused by their usual use, for used goods for a defect corresponding to the level of use or wear that the goods had when taken over by the Buyer, or if it follows from the nature of the goods. The Buyer has no right from defective performance if the Buyer knew before taking over the goods that the goods had a defect, or if the Buyer caused the defect themselves.
6.6. The rights from liability for defects in goods are exercised with the Seller. However, if in the confirmation issued to the Seller regarding the scope of rights from liability for defects (within the meaning of the provisions of Section 2166 of the Civil Code) another person designated for repair is stated, which is in the place of the Seller or in a place closer to the Buyer, the Buyer exercises the right to repair with the one who is designated to perform the repair. Except for cases where another person is designated to perform the repair according to the previous sentence, the Seller is obliged to accept the complaint in any of its establishments where the acceptance of the complaint is possible with regard to the range of sold products or provided services, or even in the seat or place of business. The Seller is obliged to issue a written confirmation to the Buyer about when the Buyer exercised the right, what is the content of the complaint and what method of handling the complaint the Buyer requires; and further confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or written justification of the rejection of the complaint. This obligation also applies to other persons designated by the Seller to perform the repair.
6.7. The Buyer can specifically exercise the rights from liability for defects in goods at the address of the Seller’s establishment where the acceptance of the complaint is possible with regard to the range of sold products or provided services, or even at the Seller’s seat or place of business. The moment of making a complaint is considered to be the moment when the Seller received the claimed goods from the Buyer.
6.8. The rights from defective performance do not belong to the Buyer if the Buyer caused the defect themselves.
6.9. In the event of a justified complaint, the Buyer has the right to reimbursement of the costs purposefully 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.
6.10. The choice of method of complaint handling belongs to the Buyer.
6.11. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the complaint handling rules of the Seller.
7. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
7.1. The Buyer acquires ownership of the goods by paying the entire purchase price of the goods.
7.2. 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.
7.3. The handling of consumers’ complaints is provided by the Seller through the email address office@beerspa-beerland.com. The Seller will send information about the settlement of the Buyer’s complaint to the Buyer’s email address.
7.4. The Seller is authorized to sell goods on the basis of a trade license. The trade licensing control is carried out by the relevant trade licensing office within its competence. The supervision over the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority performs, within the defined scope, among other things, the supervision over compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
7.5. The Buyer hereby takes on himself the risk of change of circumstances within the meaning of Section 1765, Paragraph 2 of the Civil Code.
8. PERSONAL DATA PROTECTION
8.1. 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.
8.2. The Buyer agrees to the processing of the following personal data: name and surname, residential address, identification number, tax identification number, email address, telephone number (hereinafter collectively referred to as “personal data”).
8.3. The Buyer agrees to the processing of personal data by the Seller, for the purposes of realizing the rights and obligations under the purchase agreement and for the purposes of maintaining the user account. Unless the Buyer chooses another option, they also agree to the processing of personal data by the Seller for the purposes of sending information and commercial communications to the Buyer. The consent to the processing of personal data in its entirety according to this article is not a condition that would in itself make it impossible to conclude a purchase agreement.
8.4. The Buyer acknowledges that they are obliged to state their personal data (upon registration, in their user account, when ordering from the web interface of the shop) correctly and truthfully and that they are obliged to inform the Seller without undue delay about a change in their personal data.
8.5. The Seller may delegate the processing of the Buyer’s personal data to a third party as a processor. Except for the persons transporting the goods, personal data will not be handed over by the Seller to third parties without the Buyer’s prior consent.
8.6. Personal data will be processed for an indefinite period. Personal data will be processed electronically in an automated manner or in printed form in a non-automated manner.
8.7. The Buyer confirms that the provided personal data is accurate and that they have been informed that it is a voluntary provision of personal data.
8.8. In the event that the Buyer believes that the Seller or the processor (Art. 8.5) is processing their personal data in a way that is contrary to the protection of the Buyer’s private and personal life or contrary to the law, especially if the personal data is inaccurate with regard to the purpose of their processing, the Buyer may:
8.8.1. request an explanation from the Seller or processor,
8.8.2. require the Seller or processor to remedy the resulting situation. In particular, this may involve blocking, correcting, supplementing or deleting personal data. If the Buyer’s request under the previous sentence is found to be justified, the Seller or processor will immediately remedy the defective condition. If the Seller or processor does not comply with the request, the Buyer has the right to contact the Office for Personal Data Protection directly. This provision does not affect the Buyer’s right to contact the Office for Personal Data Protection directly with their complaint.
8.9. If the Buyer requests information about the processing of their personal data, the Seller is obliged to provide this information. The Seller has the right to demand a reasonable payment not exceeding the necessary costs for providing the information according to the previous sentence.
9. SENDING COMMERCIAL MESSAGES, STORING COOKIES, AND REVIEWS
9.1. The Buyer agrees, within the meaning of Section 7, Paragraph 2 of Act No. 480/2004 Coll., on certain services of the information society and on the amendment of certain laws (Act on Certain Services of the Information Society), as amended, to the sending of commercial messages by the Seller to the Buyer’s electronic address or phone number. The Seller fulfills their information obligation towards the Buyer within the meaning of Article 13 of the GDPR related to the processing of the Buyer’s personal data for the purposes of sending commercial messages through a separate document.
9.2. The Buyer agrees to the storage of so-called cookies on their computer. If the purchase on the website can be made and the Seller’s obligations from the purchase contract fulfilled without the storage of so-called cookies on the Buyer’s computer, the Buyer may withdraw the consent according to the previous sentence at any time.
9.3. Any reviews provided on websites like google.com or social networks such as Facebook (Meta), Instagram, etc., are third-party tools that do not verify reviews. The Seller is not responsible for reviews on third-party websites.
10. DELIVERY
10.1. Delivery to the Buyer may be made to the Buyer’s electronic address.
11. FINAL PROVISIONS
11.1. If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. The choice of law according to the previous sentence does not deprive the Buyer, who is a consumer, of the protection provided by the provisions of the legal order from which it is not possible to contractually deviate, and which would otherwise apply in the absence of a choice of law under the provisions of Article 6, Paragraph 1 of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
11.2. If any provision of the commercial terms and conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
11.3. The purchase contract, including the commercial terms and conditions, is archived by the Seller in electronic form and is not accessible.
An annex to the commercial terms and conditions consists of a sample form for withdrawal from the purchase contract.
Seller’s contact details: address for delivery Chebská 48/73, 360 06, Karlovy Vary, electronic mail address office@beerspa-beerland.com, phone +420 739 975 250.
In Prague, on 1.2.2024
