Terms and Conditions

These General Terms and Conditions ("Terms") of the sole proprietor Pavel Herko, with registered office at Troskotovice 62, 67178 Troskotovice, Czech Republic, ID No. 45668698, not registered in the Commercial Register, email info@wineherko.cz, phone number +420724321212 ("We" or "Seller"), govern, in accordance with Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended ("Civil Code"), the mutual rights and obligations of you, as the buyer who is a natural person over 18 years of age, and Us, as the sellers, arising in connection with or on the basis of a purchase agreement ("Agreement") concluded through the E-shop on the website www.wineherko.cz

All information regarding the processing of your personal data is contained in the Personal Data Processing Policy, which can be found here.

The provisions of these Terms are an integral part of the Agreement. The Agreement and the Terms are drawn up in the Czech language. We may unilaterally change or supplement the wording of the Terms. This provision does not affect the rights and obligations that arose during the validity of the previous wording of the Terms.

As you know, we primarily communicate remotely. Therefore, our Agreement is also subject to the use of remote communication means, allowing us to agree without the simultaneous physical presence of Us and you, and thus the Agreement is concluded remotely via the E-shop environment through the website interface ("E-shop web interface").

If any part of the Terms contradicts what we have mutually approved during the process of your purchase in Our E-shop, this specific agreement will prevail over the Terms.

I. SOME DEFINITIONS

Price is the financial amount you will pay for the Goods;
Shipping price is the financial amount you will pay for the delivery of the Goods, including the cost of packaging;
Total price is the sum of the Price and the Shipping price;
VAT is the value-added tax according to applicable laws;
Invoice is a tax document issued in accordance with the value-added tax law on the Total price;
Order is your irrevocable proposal to conclude an Agreement to purchase Goods with Us;
User account is an account set up based on the information you provided, which allows the storage of entered data and the history of ordered Goods and concluded Agreements;
You are the person purchasing in Our E-shop, legally designated as the buyer;
Goods are everything you can purchase in the E-shop.

II. GENERAL PROVISIONS AND INSTRUCTIONS

Purchasing Goods is only possible through the E-shop web interface.
When purchasing Goods, it is your obligation to provide Us with all information correctly and truthfully. Therefore, the information you provided Us when ordering the Goods will be considered correct and truthful.

III. CONCLUSION OF THE AGREEMENT

The Agreement with Us can only be concluded in the Czech language.
The Agreement is concluded remotely through the E-shop, and the costs of using remote communication means are borne by You. These costs, however, do not differ from the basic rate that you pay for using these means (mainly for Internet access), so you should not expect any additional costs charged by Us beyond the Total price. By sending the Order, you agree that we use remote communication means.
To conclude the Agreement, you need to create a draft Order on the E-shop. This draft must include the following information: a) Information about the purchased Goods (you select the Goods you are interested in buying by clicking the "To cart" button); b) Information about the Price, Shipping price, method of payment of the Total price, and requested method of delivery of the Goods; these details will be entered during the creation of the Order draft within the user interface of the E-shop, where information about the Price, Shipping price, and Total price will be automatically provided based on the Goods you selected and the method of their delivery; c) Your identification and contact details necessary for the delivery of the Goods, especially your name, surname, delivery address, phone number, and email address; d) In the case of an Agreement under which We will regularly and repeatedly deliver Goods to you, also information on how long We will be delivering Goods to you.
During the creation of the Order draft, you can change and check the details up to the time of its creation. After reviewing the details through the "Order with obligation to pay" button, you create the Order. However, before pressing the button, you must also confirm your awareness and agreement with these Terms; otherwise, it will not be possible to create the Order. A checkbox serves for confirmation and agreement. After pressing the "Order with obligation to pay" button, all filled-in information is sent directly to Us.
We will confirm your Order as soon as possible after it is received by Us by sending a message to your email address provided in the Order. The confirmation will include a summary of the Order and these Terms. By confirming the Order on our part, an Agreement between Us and You is concluded. The Terms effective on the date of the Order form an integral part of the Agreement.
There may also be cases where We cannot confirm your Order. These are mainly situations where the Goods are not available or cases where you order a larger number of units of Goods than is allowed by Us. However, we always provide information about the maximum number of Goods in advance on the E-shop, which should not be surprising to you. In the event that any reason arises for which We cannot confirm the Order, We will contact you and send you an offer to conclude the Agreement in a modified form compared to the Order. The Agreement is concluded at the moment when you confirm Our offer.
In case the Order or in the E-shop a clearly incorrect Price is indicated, We are not obligated to deliver the Goods to you at this Price even if you have received the Order confirmation, thus the Agreement has been concluded. In such a situation, We will contact you immediately and send you an offer to conclude a new Agreement in a modified form compared to the Order. The new Agreement is concluded at the moment when you confirm Our offer. In case you do not confirm Our offer within 3 days from its sending, We are entitled to withdraw from the concluded Agreement. A clearly incorrect Price is, for example, a situation where the Price does not correspond to the usual price from other sellers or a digit is missing or extra.
When the Agreement is concluded, you have an obligation to pay the Total price.
If you have a User account, you can place an Order through it. However, even in this case, you have an obligation to check the correctness, truthfulness, and completeness of the pre-filled details. However, the way of creating the Order is the same as for a buyer without a User account, but the advantage is that it is not necessary to repeatedly fill in your identification details.
In some cases, we allow the purchase of Goods using a discount. To provide a discount, you need to fill in details about this discount in a predetermined field within the Order draft. If you do so, the Goods will be provided to you with a discount.

IV. USER ACCOUNT

Based on your registration within the E-shop, you can access your User account.
When registering a User account, it is your obligation to provide all entered details correctly and truthfully and to update them in case of changes.
Access to the User account is secured by a username and password. Regarding these access details, it is your obligation to maintain confidentiality and not provide them to anyone. In case of their misuse, we bear no responsibility.
The User account is personal, and you are therefore not authorized to allow its use by third parties.
We may cancel your User account, especially in case you do not use it for more than a year, or in case you violate your obligations under the Agreement.
The User account may not be continuously available, especially due to the necessary maintenance of hardware and software equipment.

V. PRICE AND PAYMENT CONDITIONS, RESERVATION OF OWNERSHIP RIGHTS

The Price is always stated within the E-shop, in the Order draft, and of course in the Agreement. In case of a discrepancy between the Price indicated for the Goods within the E-shop and the Price indicated in the Order draft, the Price indicated in the Order draft applies, which will always be identical to the price in the Agreement. The Order draft also includes the Shipping price, or conditions when the shipping is free.
The Total price is stated including VAT and all fees set by law.
We will require payment of the Total price from you after concluding the Agreement and before handing over the Goods. You can make payment of the Total price in the following ways: a) By bank transfer. We will send you information for making the payment as part of the Order confirmation. In case of payment by bank transfer, the Total price is due within 14 days. b) By card online. In this case, the payment is made through the Shoptet Pay payment gateway, and the payment is subject to the conditions of this payment gateway, which are available at: https://www.shoptetpay.com/cs/. In case of payment by card online, the Total price is due within 1 day. c) By cash on delivery. In this case, payment is made upon delivery of the Goods against handing over the Goods. In case of payment by cash on delivery, the Total price is due upon receipt of the Goods. d) In cash at personal collection. Cash can be used to pay for Goods in case of collection at Our premises. In case of payment in cash at personal collection, the Total price is due upon receipt of the Goods.
The invoice will be issued in electronic form after payment of the Total price and will be sent to your email address. The invoice will also be physically attached to the Goods and available in the User account.
The ownership right to the Goods passes to you only after you pay the Total price and take over the Goods. In case of payment by bank transfer, the Total price is considered paid when credited to Our account, in other cases, it is considered paid at the moment of payment.

VI. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO THE GOODS

The Goods will be delivered to you in the manner of your choice, and you can choose from the following options: a) Personal collection at Our premises; b) Personal collection at pick-up points of transportation companies; c) Delivery through transportation companies;
The Goods can be delivered only within the Czech Republic.
The delivery time of the Goods always depends on its availability and the chosen method of delivery and payment. The estimated delivery time of the Goods will be communicated to you in the Order confirmation. The time indicated on the E-shop is only indicative and may differ from the actual delivery time. In case of personal collection at the premises, we will always inform you via email about the possibility of picking up the Goods.
Upon receipt of the Goods from the carrier, it is your obligation to check the integrity of the Goods' packaging and, in case of any defects, to immediately report this fact to the carrier and to Us. In case of damage to the packaging that indicates unauthorized manipulation and entry into the shipment, it is not your obligation to accept the Goods from the carrier.
In case you breach your obligation to accept the Goods, except in cases according to cl. VI.4. of the Terms, this does not constitute a breach of Our obligation to deliver the Goods to you. Also, the fact that you do not accept the Goods does not constitute a withdrawal from the Agreement between Us and you. However, in such a case, We have the right to withdraw from the Agreement due to your substantial breach of the Agreement. If we decide to exercise this right, the withdrawal is effective on the day we deliver this withdrawal to you. Withdrawal from the Agreement does not affect the claim for the Price of transportation, or the claim for damages if incurred.
If, for reasons arising on your part, the Goods are delivered repeatedly or in a different manner than agreed in the Agreement, it is your obligation to reimburse Us for the costs associated with this repeated delivery. We will send you payment details for these costs to your email address stated in the Agreement, and they are due 14 days from the delivery of the email.
The risk of damage to the Goods passes to you at the moment you take over the Goods. In case you do not take over the Goods, except in cases according to cl. VI.4 Terms, the risk of damage to the Goods passes to you at the moment when you had the opportunity to take over the Goods, but due to reasons on your part, it did not happen. The transfer of the risk of damage to the Goods means that from this moment you bear all the consequences associated with the loss, destruction, damage, or any depreciation of the Goods.
In case the Goods were not indicated as in stock in the E-shop and an indicative availability time was given, we will always inform you in case of: a) Extraordinary interruption in the production of the Goods, while we will always communicate the new expected availability time or information that it will not be possible to deliver the Goods; b) Delay in the delivery of the Goods from Our supplier, while we will always communicate the new expected delivery time.
In case we are not able to deliver the Goods to you within 30 days from the expiry of the delivery time of the Goods stated in the Order confirmation, for any reason, both We and You are entitled to withdraw from the Agreement.

VII. RIGHTS FROM DEFECTIVE PERFORMANCE

We guarantee that at the time of the transfer of the risk of damage to the Goods according to cl. VI.7 Terms, the Goods are without defects, especially that: a) It has properties that we have agreed with you, and if not expressly agreed, then such that we have indicated in the description of the Goods, or such that can be expected with regard to the nature of the Goods; b) It is suitable for the purposes we stated or for purposes that are usual for Goods of this type; c) It corresponds to the quality or execution of the agreed sample, if the quality or execution was determined according to a sample; d) It is in the appropriate quantity and weight; e) It meets the requirements imposed on it by legal regulations; f) It is not encumbered with the rights of third parties.
Rights and obligations regarding rights from defective performance are governed by the applicable generally binding legal regulations (in particular the provisions of § 1914 to 1925, § 2099 to 2117, and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended).
In case the Goods have a defect, especially if any of the conditions according to cl. VII.1 are not met, you can report such a defect to us and claim rights from defective performance (i.e., claim the Goods) by sending an email or letter to Our addresses stated in Our identification details. For the claim, you can also use a sample form provided by Us, which can be found on the Claims page. When claiming the right from defective performance, you need to choose how you want to resolve the defect, and you cannot subsequently change this choice without Our consent, except in cases according to cl. 7.4. We will handle the claim in accordance with the right from defective performance you claimed. If you do not choose a solution to the defect, you have the rights stated in cl. 7.5 also in situations when the defective performance was a substantial breach of the Agreement.
If the defective performance is a substantial breach of the Agreement, you have the following rights: a) To eliminate the defect by delivering new Goods without defects, or by delivering a missing part of the Goods; b) To eliminate the defect by repairing the Goods; c) To a reasonable discount from the Price; d) To withdraw from the Agreement. If you choose to resolve according to points a) or b) and We do not eliminate the defect within a reasonable time that we stated, or we inform you that we will not eliminate the defect in this way at all, you have the rights according to points c) and d), even if you did not originally request them during the claim. Also, if you choose to eliminate the defect by repairing the Goods and We find out that the defect is irreparable, we will inform you of this and you can choose another way to eliminate the defect.
If the defective performance is an insubstantial breach of the Agreement, you have the following rights: a) To eliminate the defect by delivering new Goods without defects, or by delivering a missing part of the Goods; b) To eliminate the defect by repairing the Goods; c) To a reasonable discount from the Price. However, if we do not eliminate the defect in time or refuse to eliminate the defect, you have the right to withdraw from the Agreement. You can also withdraw from the Agreement if you cannot properly use the Goods due to a repeated occurrence of defects after repairing the Goods or in case of a larger number of defects of the Goods.
In case of both substantial and insubstantial breach, you cannot withdraw from the Agreement or demand delivery of new Goods if you cannot return the Goods in the condition in which you received them. However, this does not apply in the following cases: a) If the change in the state of the Goods was caused by an inspection to determine the defect; b) If the Goods were used before the defect was discovered; c) If the impossibility of returning the Goods in an unchanged state was not caused by your action or your omission, d) If, before discovering the defect, you sold, consumed, or altered the Goods during usual use; if, however, this happened only partially, it is your obligation to return the part of the Goods that can be returned, and in such a case, you will not be refunded the part of the Price corresponding to your benefit from the use of the part of the Goods.
Within 3 days of receiving the claim, we will confirm to your email address that we have received the claim, when we received it, and the estimated duration of handling the claim. We will handle the claim without undue delay, but no later than 30 days from its receipt. The deadline may be extended by our mutual agreement. If the deadline expires in vain, you can withdraw from the Agreement.
We will inform you about the handling of the claim by email. If the claim is justified, you are entitled to reimbursement of the costs reasonably incurred. You are required to prove these costs, e.g., by receipts or confirmations of the price for transportation. In case the defect was eliminated by delivering new Goods, it is your obligation to return the original Goods to Us, but we pay the costs for this return.
If you are a businessperson, it is your obligation to report and point out the defect without undue delay after you could have discovered it, but no later than within three days from the receipt of the Goods.
If you are a consumer, you have the right to claim rights from defective performance for a defect that occurs in consumer Goods within a period of 24 months from the receipt of the Goods.
Provisions regarding the right from defects do not apply in the case of: a) Goods sold at a lower Price, for a defect for which the lower Price was agreed; b) Wear and tear of the Goods caused by its usual use; c) Used Goods for a defect corresponding to the extent of use or wear and tear that the Goods had when you received them; d) When it follows from the nature of the Goods.

VIII. WITHDRAWAL FROM THE AGREEMENT

Withdrawal from the Agreement, i.e., the termination of the contractual relationship between Us and you from its inception, can occur for reasons and in ways stated in this article, or in other provisions of the Terms, where the possibility of withdrawal is explicitly stated.
If you are a consumer, i.e., a person buying Goods outside the scope of your business activity, you have the right to withdraw from the Agreement without stating a reason within 14 days from the day of delivery of the Goods. If we concluded an Agreement, the subject of which is several types of Goods or the delivery of several parts of Goods, this period starts running from the day of delivery of the last part of the Goods, and in case we concluded an Agreement, under which we will deliver Goods to you regularly and repeatedly, it starts running from the day of the first delivery. You can withdraw from the Agreement in any provable way (especially by sending an email or letter to Our addresses stated in Our identification details). For withdrawal, you can also use a sample form provided by Us, which can be found for download on the Claims page.
However, even as a consumer, you cannot withdraw from the Agreement in cases where the subject of the Agreement is: a) Goods whose Price depends on fluctuations in the financial market independent of Our will and which may occur during the withdrawal period; b) Delivery of alcoholic beverages, which can be delivered only after thirty days, and their Price depends on fluctuations in the financial market independent of Our will; c) Goods that were modified according to your wishes or for your person; d) Goods that are subject to rapid decay and Goods that were irreversibly mixed with another after delivery; e) Goods in a sealed package, which were removed from the package and cannot be returned for hygienic reasons; f) Delivery of audio or video recordings or computer software, if the original packaging was violated; g) Delivery of newspapers, periodicals, or magazines; h) Delivery of digital content, if it was not delivered on a tangible medium and was delivered with your prior explicit consent before the expiry of the withdrawal period, and We informed you that you do not have the right to withdraw from the Agreement.
The period for withdrawal according to cl. VIII.2 Terms is considered preserved if you send Us a notification that you are withdrawing from the Agreement during its course.
In case of withdrawal from the Agreement, the Price will be returned to you within 14 days from the day of effectiveness of the withdrawal to the account from which it was credited, or to an account chosen by the withdrawal from the Agreement. However, the amount will not be returned until you return the Goods to Us or prove that they have been sent back to Us. Please return the Goods to Us clean, if possible including the original packaging.
In case of withdrawal from the Agreement according to cl. VIII.2 Terms, you are obligated to send the Goods back to Us within 14 days from the withdrawal, and you bear the costs associated with returning the goods to Us. On the other hand, you are entitled to have Us return the Price for transportation, but only to the extent corresponding to the cheapest offered method of delivery of the Goods that we offered for the delivery of the Goods. In case of withdrawal due to Our breach of the concluded Agreement, we also pay the costs associated with returning the goods to Us, but again only to the extent of the Price for transportation corresponding to the cheapest offered method of delivery of the Goods that we offered at the time of the delivery of the Goods.
You are liable to Us for damage in cases where the Goods were damaged as a result of your handling of them otherwise than is necessary with regard to their nature and properties. The caused damage will be billed to you after the Goods are returned to Us, and the due date of the invoiced amount is 14 days. In case we have not yet returned the Price to you, we are entitled to offset the claim for costs against your claim for the return of the Price.
We are entitled to withdraw from the Agreement at any time before we deliver the Goods to you if there are objective reasons why it is not possible to deliver the Goods (especially reasons on the part of third parties or reasons related to the nature of the Goods), even before the expiry of the period stated in cl. VI.9. Terms. We can also withdraw from the Agreement if it is evident that you intentionally provided incorrect information in the Order. In case you are buying goods within the scope of your business activity, i.e., as a businessperson, we are entitled to withdraw from the Agreement at any time, even without stating a reason.

IX. RESOLUTION OF DISPUTES WITH CONSUMERS

In relation to buyers, we are not bound by any codes of conduct in the sense of the provision of § 1826 (1) e) of the Civil Code.
We handle consumer complaints via the electronic address info@wineherko.cz. We will send information about the handling of the complaint to the electronic address of the buyer.
The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No: 000 20 869, internet address: http://www.coi.cz, is competent for out-of-court resolution of consumer disputes from the Agreement. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr can be used for resolving disputes between the seller and the buyer, who is a consumer, from the purchase agreement concluded by electronic means.
The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point according to the Regulation of the European Parliament and of the Council (EU) No. 524/2013 of 21 May 2013 on online resolution of consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online resolution of consumer disputes).

X. FINAL PROVISIONS

If Our and Your legal relationship contains an international element (for example, if we are sending goods outside the territory of the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are consumers, this arrangement does not affect your rights arising from legal regulations.
We will deliver all written correspondence to you via electronic mail. Our email address is stated in Our identification details. We will deliver correspondence to your email address stated in the Agreement, in the User account, or through which you contacted us.
The Agreement can be amended only based on our written agreement. However, we are entitled to change and supplement these Terms, but this change does not affect already concluded Agreements, but only Agreements that will be concluded after the effectiveness of this change. We will inform you about the change only if you have a User account (so that you have this information in case you order new Goods, however, the change does not establish a right of termination, since we do not have a concluded Agreement that could be terminated), or if we regularly and repeatedly have to deliver Goods to you based on the Agreement. We will send you information about the change to your email address at least 14 days before the effectiveness of this change. If we do not receive a termination of the concluded Agreement for regular and repeated deliveries of Goods from you within 14 days from sending the information about the change, the new conditions become part of our Agreement and apply to the next delivery of Goods following the effectiveness of the change. The notice period in case you submit a termination is 2 months.
In case of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, outages of subcontractors, etc.), we are not responsible for damage caused in connection with or as a result of cases of force majeure, and if the state of force majeure lasts longer than 10 days, both We and You have the right to withdraw from the Agreement.
The annex to the Terms includes a sample form for claims and a sample form for withdrawal from the Agreement.
The Agreement including the Terms is archived in electronic form by Us, but it is not accessible to you. However, you will always receive these Terms and the Order confirmation with a summary of the Order by email, so you will always have access to the Agreement even without Our cooperation. We recommend always saving the Order confirmation and the Terms.
These Terms take effect on 26.2.2024.

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