Business terms and conditions

I. About us

Read who we are, what we offer, how we operate and in which cases you can contact us. This is the purpose of these terms and conditions, which you agree to when making a purchase.

1. We are the company Wine's Bay s.r.o., ID number: 095 45 743, with registered office at Zenklova 24/54, Libeň, 180 00 Prague 8, registered in the commercial register maintained by the Municipal Court in Prague under sp. stamp C 337906 ("Seller") and on the website www.winesbay.com ("Website") we sell goods that you can order as a consumer or as a business ("you"). If you do not buy from us for a company (IČ), you are in the role of a consumer. This gives you some special rights under our laws, which you can read about below.
2. In these terms and conditions, we will explain to you what our mutual rights and obligations arise in connection with or on the basis of a purchase agreement entered into between us through the website, and we will tell you essential information about them. In our relationship, we are governed by Czech laws, especially Act No. 89/2012 Coll., Civil Code, as amended, and Act No. 634/1992 Coll., on consumer protection, as amended, if you are a consumer. The provisions of the terms and conditions are an integral part of the purchase contract and any deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.
3. With regard to the nature of the goods (alcoholic beverages), please note that the order and purchase of goods may only be made by a person over 18 years of age, and for that reason we also reserve the right to verify your age at any time.
4. All information you give us is confidential and we will treat it as such. We also process some of your personal data.

II. User account

You can create your user account on our website so that your next order is easier for you, you have an overview of your purchases and you can find everything in one place.

1. You can access your user account by registering on our website. You can place an order from it, but a user account is not necessary to create an order - you can place an order without registration, you just need to confirm to us that you have reached the age of 18.
2. Please also note that you cannot let third parties use your user account.
3. When registering, do not forget that you are obliged to enter all data correctly and truthfully, and you must update them in case of any change. We consider the information you provide when ordering or in your user account to be correct.
4. Please note that the user account may not be available 24/7, especially due to the necessary maintenance of hardware and software equipment.

III. Purchase of goods

If you are going to buy our goods, read what happens when you place your order.

1. You can find all the necessary information about the goods on our website. Even so, we can conclude a purchase contract with you under conditions that we agree on individually, especially for entrepreneurs or in the case of a large volume of goods.
2. Please note that everything displayed on the website is of an informative nature and we are not obliged to enter into a purchase contract regarding these goods.
3. You can purchase our goods on the website by means of a form, which mainly contains information about the goods, the price, the method of payment of the price and information about the required method of delivery of the goods and the costs associated with it. Based on this information, you create an order ("Order").
4. After we receive the Order, we will confirm its acceptance to you via e-mail - we concluded the purchase contract at the moment of delivery of the confirmation of receipt of the Order. If the nature of the Order is unusual (e.g. high price or high quantity), we may contact you with a request for additional confirmation of the Order. In this case, the purchase contract will be concluded when we receive this confirmation.
5. You are required to provide true and complete information in the Order. We are not responsible for any damage caused by providing false or incomplete information.
6. The costs you incur in connection with long-distance communication, such as the cost of an Internet connection or telephone, are paid by you and do not differ in any way from the basic rate of your operator or Internet provider.

IV. Payment terms

Here you will find information on how to pay for the goods and when we will send you an invoice.

1. The purchase price of the product is always indicated for the product. We are not VAT payers and the purchase price is stated without VAT. If there is an obvious error in the stated purchase price, we are not obliged to deliver the goods for such an obviously erroneously stated price, and in the event that a purchase contract with such an erroneous purchase price has already been concluded between us, we are entitled to withdraw from it.
2. You can pay the purchase price and any costs associated with its delivery without cash by credit card, via the online payment systems ApplePay or PayPal.
3. The purchase price is considered paid when the relevant amount is credited to our account. We will send the goods to you immediately afterwards, unless we agree otherwise.
4. For each payment, we will issue you a proof of payment - an invoice that will always meet the requirements of legal regulations and will be sent to the e-mail address specified in the Order.

V. Delivery of goods

How do we deliver the goods and what to check after delivery.

1. We will send you the goods of your choice via Messenger delivery service.
2. We reserve the right to withdraw from the purchase contract in the event that the ordered goods are not in stock and will not be stocked within 30 days from the conclusion of the purchase contract. This delivery time does not apply to goods for which a longer delivery time is expressly stated on this website.
3. You are obliged to accept the goods. If you do not accept it, we will consider it a withdrawal from the purchase contract. In such a case, we have the right to demand compensation for the costs incurred in this way associated with the return of unclaimed goods.
4. When taking over the goods from the carrier, we recommend that you immediately check that the packaging of the goods is intact. Clear damage to the goods or their packaging during delivery should ideally be resolved immediately with the carrier and any deficiencies noted in the handover report. You do not need to collect such goods from the carrier. Please let us know about the detected damage and document the damage.

VI. Withdrawal from the purchase contract

If you conclude a contract on the Internet, you have the right to withdraw from the contract within 14 days. In some cases, however, the conditions may differ slightly, so please read the following article carefully as well.

1. As a consumer, i.e. a person who concludes a purchase contract outside the scope of his business or similar activity, you have the right to withdraw from a purchase contract concluded via the Internet, e-mail, telephone or other means of remote communication within 14 days of receiving the goods.
2. However, please note that if the goods have been modified according to your wishes or for you, you do not have the right to withdraw from the purchase contract within 14 days. This is the case when we manufacture the goods for you according to your design or otherwise modify them according to your wishes. Even so, we will try to meet your possible objections as much as possible. Similarly, you do not have the right to withdraw from the contract according to this article if the goods are perishable or if it concerns the delivery of alcoholic beverages which can only be delivered after thirty days and the price of which depends on fluctuations in the financial market independent of the will of the seller.
3. If you decide to withdraw from the purchase contract and it is possible, please use this form . Within 14 days of withdrawing from the purchase contract, we will refund you the amount corresponding to the purchase price of the goods and the costs paid for their delivery, in the same way as we received them from you. However, it is necessary that you send or hand over the purchased goods to us within the same period at the latest. The easiest way will be to send it via the Messenger service, whose courier will pick up the goods at the address you specified on the specified day and time, which you choose yourself. We will discuss the specific procedure with you by e-mail or by phone. The goods must be returned complete, preferably in the original packaging (however, this is not mandatory), and must not show signs of major wear or damage with regard to the necessary familiarization with the goods (the bottle must not have a damaged cap or be otherwise opened).
4. Within the above-mentioned period, we have the right to assess whether the returned goods are undamaged, intact and unused and whether you have not caused a decrease in the value of these goods by handling them in a manner other than what is necessary with regard to the nature and characteristics of the goods. If the goods are in a condition where it is not possible to sell them to other customers because they are damaged, opened or excessively worn, you do not have the right to withdraw from the contract. You bear the costs of returning the goods back to us.
5. We will only refund the lowest shipping costs that we offer.
6. However, we are not obliged to return the purchase price to you until the goods are delivered back to us, or until you prove that they were sent back to our address.
7. If we sent you a free gift (gift) together with the goods, you are also obliged to return it to us in the event of withdrawal from the purchase contract.

VII. Complaints procedure

Exceptionally, it may happen that the goods are defective in some way. You can find all the conditions of the complaint in this article, which is the same for both consumers and entrepreneurs.

1. As the seller, we are responsible for the fact that the goods are free of defects upon receipt. This means that at the time you receive the goods, we are responsible in particular for:

• has the characteristics we have agreed upon and, in the absence of an agreement, such characteristics as we or the manufacturer have described or which you might expect having regard to the nature of the goods and on the basis of the advertising given by us;
• the goods are suitable for the purpose for which we state their use;
• the goods, if applicable, correspond in quality or design to the contracted sample or original;
• is the goods in the corresponding quantity, measure or weight and
• the goods comply with the requirements of legal regulations.

2. We are responsible for defects arising after receiving the goods within the 24-month warranty period, unless a different period is specified.

3. If you purchased a product that was defective and was discounted due to its defect, we are not responsible for this defect, for which it was cheaper. However, we are responsible for other defects on such goods.

4. Please make a complaint to the e-mail: info@winesbay.com or by letter to the address: Wine's bay sro, Zenklova 24/54, 180 00 Prague 8.

5. The form or cover letter for your claim must contain:

• your contact details, description of the defect and request for the method of processing the complaint;
• proof of purchase of the goods (preferably by attaching a proof of purchase or an account statement).

6. Send the goods, which in your opinion contain a defect, together with the complaint form or cover letter to the above address.

7. The goods should be packed in suitable packaging during transport to avoid damage, they must be clean and complete. Otherwise, we are not obliged to deal with the complaint and we will send the goods back to you at our expense.

8. When making a complaint, you will receive a written confirmation via e-mail - a complaint protocol, which serves as a document in the settlement of the complaint. The complaint protocol contains information about when the complaint was made, what it contains and what method of handling the complaint you require.

9. If you are a consumer and the defect becomes apparent within six months of receipt, it is considered that the goods were defective upon receipt. Otherwise, you are entitled to assert a right from a defect that occurs in the consumer goods within twenty-four months of receipt.

• wear and tear of the goods due to their normal use;
• used goods, where the defect corresponds to the level of wear;
• defects that you knew about or that you caused yourself.

• removing a defect by delivering a new item without a defect or by supplying a missing item;
• free removal of the defect by repair;
• a reasonable discount from the purchase price; or
• refund of the purchase price on the basis of withdrawal from the contract.

14. A material breach of contract is one which the breaching party already knew or had to know when concluding the contract, that the other party would not have concluded the contract if it had foreseen this breach.

15. In the case of a defect that constitutes an insignificant breach of contract (regardless of whether the defect is removable or non-removable), you are entitled to the removal of the defect or a reasonable discount from the purchase price.

16. If a removable defect has occurred repeatedly after repair (usually the third complaint for the same defect or the fourth for different defects) or the goods have a larger number of defects (usually at least three defects at the same time), you have the right to request a discount from the purchase price, exchange of goods or withdraw from the contract.

17. Rights from liability for product defects apply to us as the seller.

18. When making a complaint, you are obliged to tell us which right you have chosen. Changing the choice without our consent is only possible if you have requested the repair of a defect that turns out to be irreparable. If you do not choose your right for a material breach of contract in time, you have the same rights as for a non-material breach of contract.

19. If repair or replacement of goods is not possible, you can request a full refund of the purchase price based on withdrawal from the contract.

20. If we prove that you knew about the defect in the goods before taking over or caused it yourself, we are not obliged to comply with your claim.

21. An obstacle caused by force majeure is not considered a defect in performance.

22. If you are a consumer, then we will decide on your complaint immediately, or within three working days at the latest in more complex cases, or on the fact that a professional assessment is required for a decision. We will inform you about the need for a professional assessment within this period.

23. If you are a consumer, then we will handle the complaint, including the removal of the defect, without undue delay, no later than 30 days after its application, unless we agree with you in writing on a longer period. After this period, you have the same rights as if there had been a material breach of contract. We will send you an electronic confirmation of the date and method of settlement of the complaint, confirmation of the repair and the duration of the complaint, or justification of the rejection of the complaint. The warranty period is extended by the time from the application of the complaint until its settlement or until the time when you were obliged to pick up the goods.

24. If you are an entrepreneur, then we will decide on your complaint, or on the fact that a professional assessment is needed to make a decision, in the shortest possible time. We will assess your complaint as soon as possible and send you a written confirmation of the date and method of handling the complaint, confirmation of the repair and the duration of the complaint, or the justification for the rejection of the complaint.

1. These terms and conditions are in the Czech language. All agreements between us are governed by the legal order of the Czech Republic. If the relationship established by the purchase contract contains an international element, then we have agreed that the relationship is governed by the law of the Czech Republic and disputes arising from it will be decided by the court of jurisdiction of ours as the seller. This does not affect consumer rights arising from generally binding legal regulations.
2. As a seller, we are not bound by any codes of conduct in relation to you.
3. We are authorized to sell goods on the basis of a trade license, the trade inspection is carried out by the relevant trade authority within the scope of its competence. We are also subject to the supervision of the Czech Trade Inspection in terms of compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
4. All rights to our website, especially copyright to the content, including page layout, photos, movies, graphics, trademarks, logos and other content and elements belong to us as the seller. It is forbidden to copy, modify or otherwise use the website or any part of it without our consent.
5. We are not responsible for errors arising as a result of interventions by third parties in the online store or as a result of its use contrary to its purpose.
6. In the case of force majeure, we are not responsible for damage caused as a result of or in connection with cases of force majeure, and if the state of force majeure lasts for more than 10 days, we are entitled to withdraw from the purchase contract.
7. We can change or supplement the wording of the terms and conditions, you can always find their current wording on our website. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
8. A sample form for withdrawing from the contract is attached to the terms and conditions.
9. You can contact us at any time with questions about these terms and conditions by e-mail: info@winesbay.com.

In Prague 1.10. 2020