issued in accordance with § 1751 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as "CC")
ID NO.: 60714697
with registered office at Sonberk 393/1, 691 27 Popice
registered at the Regional Court in Brno, Insert B, Section 4138
+420 777 630 434
+420 730 594 570
1 INTRODUCTORY PROVISIONS
1.1 These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of the company SONBERK, a.s., ID No.: 60714697, with its registered office at Sonberk 393/1, 691 27 Popice (hereinafter referred to as "Seller") regulate the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as "Purchase Contract") concluded between the Seller and the Buyer (hereinafter referred to as "Buyer") via the Seller's online store. The online shop is operated by the Seller on the internet address www.sonberk.cz, through a web interface (hereinafter referred to as the "Web interface of the shop").
1.2 The Buyer is only a consumer within the meaning of Section 419 of the Civil Code. These Terms and Conditions do not apply to cases where the person who intends to conclude the Purchase Contract is a legal entity or a person who, when concluding the Purchase Contract, is acting within the scope of his/her business activity or within the scope of his/her independent exercise of his/her profession.
1.3 The Buyer hereby declares that he/she is fully competent and that he/she is entitled, in particular with regard to his/her age, to order the goods in question and to conclude the Purchase Contract.
1.4 The Terms and Conditions further regulate the rights and obligations of the parties when using the Seller's website located at www.sonberk.cz and other related legal relations.
1.5 Provisions deviating from the Terms and Conditions may be agreed in the Purchase Agreement. Deviating provisions in the Purchase Agreement shall prevail over the provisions of the Terms and Conditions.
1.6 The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The Purchase Agreement may be concluded in the Czech language.
2 SUMMARY OF THE CONTENTS OF THESE TERMS AND CONDITIONS
2.1 Pursuant to the Purchase Contract, the Seller undertakes to deliver the ordered goods to the Buyer and the Buyer undertakes to pay the Seller the Purchase Price and to accept the goods.
2.2 In order for the Purchase Contract to come into existence, the Buyer must send an order and the Seller must accept the order.
2.3 Information on the Purchase Price and the methods of payment can be found in Clause 4. Information on the possibility of withdrawal from the Purchase Contract can be found in Clause 5. The delivery terms and conditions can be found in Article 6. Rights arising from defective performance (claims) are contained in Article 7.
3 CONCLUSION OF THE PURCHASE CONTRACT
3.1 The web interface of the shop contains a list of the goods offered for sale by the Seller, including the prices of the goods. The prices of the goods are inclusive of all related taxes and fees. The offer for sale of the Goods and the prices of the Goods shall remain valid for as long as they are displayed on the Shop Web Interface. This provision does not limit the Seller's ability to conclude the Purchase Agreement on individually agreed terms.
3.2 All offers for sale of goods displayed on the Web interface of the Shop are non-binding and the Seller is not obliged to conclude a Purchase Contract in respect of such goods.
3.3 The Shop Web Interface also contains information on the costs associated with the packaging and delivery of the Goods. The information on the costs associated with the packaging and delivery of the Goods provided in the Web interface of the Shop applies in cases where the Goods are delivered to the Czech Republic and Slovakia.
3.4 To order goods, the Buyer shall fill in the order form in the Web interface of the Shop. The order form contains in particular information about:
(a) the goods ordered (the goods ordered are "inserted" by the Buyer into the electronic shopping cart of the Web interface of the Shop),
(b) the method of payment of the purchase price of the goods,
(c) details of the required method of delivery of the ordered goods; and
(d) information about the costs associated with the delivery of the goods
(collectively, the "Order").
3.5 The Buyer shall submit the Order to the Seller by clicking on the "Submit Order", "Submit" or other button of similar wording. The information provided in the Order shall be deemed correct by the Seller. Immediately upon receipt of the Order, the Seller shall confirm such receipt to the Buyer by electronic mail to the Buyer's electronic mail address specified in the user interface or in the Order (hereinafter referred to as the "Buyer's Electronic Address").
3.6 Together with the Order confirmation, the Seller shall also send the Buyer the current version of the Purchase Agreement and the Terms and Conditions in PDF format.
3.7 Depending on the nature of the Order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the Order (for example, in writing or by telephone).
3.8 The contractual relationship between the Seller and the Buyer is established upon delivery of the Order to the Seller.
3.9 The Buyer acknowledges that the Seller is not obliged to conclude the Purchase Contract, especially with persons who have previously substantially breached the Purchase Contract (including the Terms and Conditions), or that it is entitled to withdraw from the Purchase Contract for these reasons.
4 PRICE OF GOODS AND PAYMENT TERMS
4.1 The Buyer may pay the price of the Goods and any costs associated with the delivery of the Goods under the Purchase Contract to the Seller by the following methods of its choice in the Order:
(a) cashless by credit card;
(b) cashlessly through the payment gateway GoPay;
(c) by cash on delivery upon receipt of the Product from the carrier.
4.2 If so agreed, the Buyer shall pay to the Seller, together with the purchase price, the costs associated with the packaging and delivery of the goods. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the packaging and delivery of the goods.
4.3 In the case of non-cash payment prior to delivery of the Goods, the Purchase Price shall be payable within 5 (five) days of the conclusion of the Purchase Contract. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account. In case of non-cash payment, the Buyer is obliged to pay the purchase price of the goods together with the indication of the variable symbol of the payment.
4.4 The Seller is entitled, especially in the event that the Buyer fails to confirm the Order before the goods are sent to the Buyer, to require payment of a deposit up to the full purchase price The provisions of Section 2119 (1) CC shall not apply.
4.5 Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined unless otherwise stated.
4.6 If it is customary in the course of business or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax invoice to the Buyer in respect of payments made under the Purchase Contract. The Seller is subject to value added tax. The Seller shall issue the tax invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer's electronic address. The Parties agree to use the tax document in electronic form in accordance with Section 26(3) of Act No. 235/2004 Coll., on Value Added Tax (hereinafter referred to as "VAT Act").
4.7 The purchase prices remain valid for as long as they are displayed on the Web interface of the shop. In the event of an apparent technical error in the indication of the Purchase Price, the Seller has no real intention to conclude the Purchase Contract on such terms. In the event that it appears that the Purchase Contract has been concluded with an obviously erroneous purchase price, the Seller undertakes to notify the Buyer of this fact without undue delay after discovering the error. In this case, the Purchase Contract was not concluded due to lack of will on the part of the Seller. If there is no agreement between the Seller and the Buyer on the method of resolving the invalidity of the Purchase Contract, the Seller shall refund the Purchase Price to the Buyer.
4.8 In the event that the Seller is or in the future becomes obliged to record sales within the meaning of Act No. 112/2016 Coll., on the recording of sales, as amended (hereinafter referred to as the "Sales Recording Act"), the Seller shall issue the Customer with an electronic proof of payment containing the elements pursuant to the Sales Recording Act. The Customer expressly agrees to the execution of the electronic proof of payment. In this case, the Seller fulfils the following information obligation: "According to the Sales Records Act, the Seller is obliged to issue a receipt to the Buyer. At the same time, the seller is obliged to register the sales received with the tax authorities online; in case of technical failure, within 48 hours at the latest."
The GoPay payment method is provided by GoPay s.r.o., registered office Planá 67, 370 01, Planá, ID No. 26046768. Information on the processing of personal data by GoPay s.r.o. is available HERE.
5 WITHDRAWAL FROM THE CONTRACT
5.1 Unless it is a case where the Purchase Contract cannot be withdrawn from pursuant to the provisions of Section 1837 CC, the Buyer has the right to withdraw from the Purchase Contract within 14 (fourteen) days from the date of receipt of the goods in accordance with the provisions of Section 1829 (1) (a) CC. The withdrawal from the Purchase Contract must be sent to the Seller within the period specified in the previous sentence.
5.2 For withdrawal from the Purchase Contract, the Buyer may use the sample form provided by the Seller, which is an annex to these Terms and Conditions. The Buyer may send the withdrawal from the Purchase Contract to the contact address, to any of the Seller's premises, to the Seller's registered office or to the Seller's contact e-mail.
5.3 The Buyer acknowledges that according to the provisions of § 1837 CC, among other things, it is not possible to withdraw from the Contract:
(a) on the delivery of goods that have been modified according to the consumer's wishes or for the consumer's person,
(b) for the delivery of alcoholic beverages which can only be delivered after a period of thirty days and the price of which depends on financial market fluctuations independent of the entrepreneur's will,
(c) the delivery of perishable goods and goods which have been irretrievably mixed with other goods after delivery.
5.4 In the event of withdrawal from the Purchase Agreement pursuant to Article 5.1 of the Terms and Conditions, the Purchase Agreement shall be cancelled from the outset. The Goods must be returned to the Seller within 14 (fourteen) days from the date of withdrawal from the Purchase Contract to the contact address, to any of the Seller's premises or to the Seller's registered office. The Goods must be returned to the Seller undamaged, unworn and unsoiled and, if possible, in their original packaging.
5.5 The withdrawal must include the Buyer's identification (contact address, telephone number and the Buyer's Electronic Address). In order to expedite the process, the Seller recommends that the Buyer submits a copy of the delivery note and invoice, if issued, or other document evidencing the purchase of the Goods together with the returned Goods, as well as a written statement of withdrawal from the Purchase Contract and the chosen method of refund of the purchase price of the Goods.
5.6 The Seller shall refund to the Buyer the monies (including delivery costs) received from the Buyer under the Contract of Sale. The Seller shall return the funds within 14 (fourteen) days of the Buyer's withdrawal from the Purchase Contract in the same manner in which it received them from the Buyer or in the manner requested by the Buyer. If the Buyer withdraws from the Purchase Contract, the Seller shall not be obliged to return the funds received to the Buyer before the Buyer returns the goods to the Seller or proves that he has sent the goods to the Seller. The provisions of Article 5.7 of the Terms and Conditions are not affected.
5.7 If the Buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller shall reimburse the Buyer for the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery offered.
5.8 The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn out or partially consumed, the Seller shall be entitled to compensation from the Buyer for the damage caused to the Buyer. The Seller shall be entitled to unilaterally set off the claim for payment of the damage against the Buyer's claim for reimbursement of the purchase price of the goods and the costs of delivery of the goods.
5.9 When sending the goods, the Buyer is obliged to pack the goods in suitable packaging so that they are not damaged or destroyed. Goods substantially damaged or destroyed in transit due to the use of unsuitable packaging cannot be refunded for the purchase price of the goods and the cost of delivery.
5.10 The costs of returning the goods to the Seller in the event of withdrawal from the Purchase Contract by the Buyer shall be borne by the Buyer, even if the goods cannot be returned by normal postal means due to their nature.
5.11 If a gift is provided together with the goods, the relevant gift contract is concluded with the condition that if the Purchase Contract is withdrawn by either party, the gift contract ceases to be effective and the Buyer is obliged to return the gift provided together with the goods.
5.12 The Seller has the right to withdraw from the Purchase Agreement in the following cases:
(a) a technical error has resulted in a manifestly incorrect purchase price on the Web interface of the Shop;
(b) the goods cannot be delivered under the original conditions for objective or subjective reasons;
(c) the Buyer is not entitled to conclude the Purchase Agreement;
(d) performance becomes objectively impossible or unlawful.
6 TRANSPORTATION AND DELIVERY OF THE GOODS
6.1 The method of delivery of the Goods shall be determined by the Seller, unless otherwise specified in the Purchase Contract. If the method of transport is agreed upon at the Buyer's request, the Buyer shall bear the risk and any additional costs associated with this method of transport.
6.2 The delivery time of the goods always depends on their availability and the chosen method of transport and payment. The Seller cannot influence the delivery time of goods by external carriers. In the event of problems regarding the delivery time, the Buyer may contact the Seller in order to resolve the situation with the carrier.
6.3 Goods that are in stock are usually dispatched by the Seller within 3 (three) days of payment being credited to the Seller's account.
6.4 Goods that are not in stock shall be dispatched by the Seller as soon as possible. The Seller shall inform the Buyer of the exact date.
6.5 Delivery of the Goods under these Terms and Conditions shall mean the time of delivery of the Goods to the Buyer in accordance with the Contract of Sale. The Buyer's unreasonable rejection of the Goods shall not constitute a failure by the Seller to deliver the Goods or a repudiation of the Contract by the Buyer.
6.6 The Buyer shall acquire title to the Goods on payment of the full purchase price for the Goods (including packaging and delivery costs). Liability for accidental destruction, damage or loss of the goods shall pass to the Buyer at the time of acceptance of the goods or at the time when the Buyer was obliged to accept the goods but failed to do so in breach of the Contract of Sale.
6.7 If the Seller is obliged under the Contract of Sale to deliver the goods to the place specified by the Buyer in the Order, the Buyer shall take delivery of the goods on delivery.
6.8 In the event that for reasons on the Buyer's side it is necessary to deliver the goods repeatedly or in a different manner than specified in the Order, the Buyer shall pay the costs associated with the repeated delivery and storage of the goods or the costs associated with a different method of delivery.
6.9 Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects, immediately notify the carrier. In the event that the packaging is found to have been breached, indicating that the shipment has been tampered with, the Buyer may not accept the shipment from the carrier. By signing the delivery note or in any other similar manner, the Buyer confirms that the shipment of goods has met all conditions and requirements and that any subsequent claims regarding the breach of the packaging of the shipment cannot be taken into account.
6.10 Pursuant to Act No. 65/2017 Coll., on the Protection of Health from the Harmful Effects of Addictive Substances, alcoholic beverages may only be sold to persons over 18 years of age; the sale to younger persons is prohibited. If it cannot be reliably verified that the Buyer is over 18 years of age, the delivery of the goods will not take place and the Seller is entitled to withdraw from the contract. In order to restrict the availability of alcoholic beverages to persons under 18 years of age, the packaging (package) of the delivered goods may indicate that the package contains alcoholic beverages, including a warning that only a natural person over 18 years of age is entitled to receive the package.
7 RIGHTS ARISING FROM DEFECTIVE PERFORMANCE (CLAIMS)
7.1 The Buyer shall be entitled to exercise the right to claim for defects that occur in consumer goods within 24 (twenty-four) months of receipt. The Buyer's rights arising from defective performance shall be governed by the applicable generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2158 to 2174 CC).
7.2 The Seller shall be liable to the Buyer that the goods are free from defects upon acceptance. In particular, the Seller shall be liable to the Buyer that at the time the Buyer took delivery of the goods:
(a) the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the Seller or the manufacturer or expected by the Buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
(b) the goods are fit for the purpose for which the Seller states they are to be used or for which goods of that kind are usually used,
(c) the goods conform in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
(d) the goods are in the appropriate quantity, measure or weight; and
(e) the goods comply with the requirements of the legislation.
7.3 The Buyer shall not be entitled to rights under defective performance if such defects have been caused by unprofessional intervention, use contrary to the normal intended use of the goods, improper storage, normal wear and tear or damage not caused by the Seller.
7.4 Furthermore, the Buyer is not entitled to the rights from defective performance if he knew or should have known about the defect before taking over the goods, or if the Buyer caused the defect himself, especially by acting contrary to the Purchase Contract, these Terms and Conditions or the Seller's instructions concerning the goods.
7.5 If the defect manifests itself within 6 (six) months of acceptance, the goods shall be deemed to have been defective upon acceptance. The Buyer shall be obliged to exercise the rights arising from the defective performance without undue delay after he has discovered the defect or should have discovered the defect with due diligence, and at the latest within 24 (twenty-four) months of acceptance.
7.6 The Buyer shall exercise the rights from defective performance at the registered office, place of business or place of business of the Seller. The Seller recommends the Buyer to inform the Seller in advance of the claimed claim by e-mail or otherwise in writing. The Buyer shall send the claimed goods to the Seller, while the Seller recommends to pack the goods in a suitable packaging so as not to damage or destroy them. In order to facilitate and speed up the processing of the complaint, it is advisable to enclose a proof of purchase of the goods or a tax document - invoice, if issued, or other document proving the purchase of the goods, together with a description of the defect and a proposal on how to resolve the complaint (choice of rights from defective performance).
7.7 The moment of exercising the right of defective performance shall be deemed to be the moment when the Seller was notified by the Buyer of the occurrence of the defect and exercised the right of defective performance.
7.8 If the defect is remediable, the Buyer may claim:
(a) repair, or
(b) the completion of what is missing, or
(c) a reasonable discount on the purchase price.
7.9 If the defect cannot be remedied and the goods cannot be properly used because of it, the Buyer may
(a) withdraw from the Contract of Sale; or
(b) claim a reasonable discount on the Purchase Price.
7.10 If, according to the Purchase Contract, the goods do not have the proper characteristics, the Buyer may also demand the delivery of a new item without defects, unless this is unreasonable due to the nature of the defect, but if the defect concerns only a part of the item, the Buyer may only demand the replacement of the part; if this is not possible, he may withdraw from the Purchase Contract. However, if this is disproportionate in view of the nature of the defect, in particular if the defect can be removed without undue delay, the Buyer shall be entitled to have the defect removed free of charge. The Buyer is also entitled to delivery of a new item or replacement of a part in the event of a removable defect if the item cannot be used properly due to the recurrence of the defect after repair or due to a greater number of defects. In this case, the Buyer also has the right to withdraw from the Purchase Contract. If the Buyer does not withdraw from the Purchase Contract or does not exercise the right to have a new item delivered without defects, to have a part of the item replaced or to have the item repaired, the Buyer may demand a reasonable discount. The Buyer is also entitled to a reasonable discount if the Seller cannot deliver a new item without defects, replace a part of the item or repair the item, as well as if the Seller fails to remedy the defect within a reasonable time or if remedying the defect would cause the Buyer considerable difficulties.
7.11 If the defective performance is a material breach of the Purchase Contract, the Buyer is entitled in particular to have the defect remedied by delivery of new goods without defect or to withdraw from the Purchase Contract. However, the Buyer may not withdraw from the Purchase Contract or demand delivery of new goods if he cannot return the goods in the condition in which he received them (e.g. because he has already consumed the goods).
7.12 The Seller shall issue the Buyer with a written confirmation of the exercise of the right of defective performance, which shall include the date of the exercise of the right of defective performance, the subject of the claim and the required method of settlement of the claim.
7.13 The Seller shall decide on the claim immediately, in complex cases within 3 (three) working days. This time limit does not include the time appropriate to the type of product required for a professional assessment of the defect. The complaint, including the removal of the defect, shall be settled without undue delay, at the latest within 30 (thirty) days from the date of the complaint, unless the Seller and the Buyer agree on a longer period.
7.14 The Buyer shall be entitled to reimbursement of the costs reasonably incurred in claiming the goods. However, the Buyer must exercise the right to reimbursement of such costs within 1 (one) month after the expiry of the period within which the rights arising from the defective performance must be exercised.
7.15 Beyond the statutory warranty period, the Seller does not provide any guarantee for quality.
8 COPYRIGHT PROTECTION, LIABILITY AND USE OF THE WEB INTERFACE
8.1 The content of the web pages located on the Web interface of the shop (texts including the Terms and Conditions, photographs, images, logos, software and other) is protected by copyright of the Seller or the rights of other persons. The Buyer may not modify, copy, reproduce, distribute or use the Content for any purpose without the consent of the Seller or the consent of authorized persons. In particular, free or paid access to photographs and texts placed on the Web interface of the Shop is prohibited.
8.2 The names and designations of products, goods, services, firms and companies may be registered trademarks of their respective owners.
8.3 The Seller shall not be liable for errors resulting from third party interference with the Web interface of the Shop or from its use contrary to its intended use. When using the Web interface of the Shop, the Buyer must not use procedures that could interfere with the system's functionality or unduly burden the system.
8.4 If the Buyer commits any violation while using the Store Web Interface, the Seller reserves the right to restrict, suspend or terminate the Buyer's access to the Store Web Interface without any compensation. In this case, the Buyer shall furthermore be obliged to reimburse the Seller for any damage caused by this action.
8.5 The Seller informs the Buyer that clicking on certain links on the Web interface of the Shop may cause the Buyer to leave the Web interface of the Shop and be redirected to third party websites.
9.1 Unless otherwise agreed, all correspondence relating to the Purchase Agreement must be delivered to the other party in writing by electronic mail, in person or by registered mail through a postal service provider (at the sender's option). Delivery to the Buyer shall be made to the Buyer's Electronic Address.
9.2 The message is delivered:
(a) in the case of delivery by electronic mail, at the moment of its receipt by the incoming mail server; the integrity of messages sent by electronic mail may be ensured by a certificate,
(b) in the case of delivery by hand or by a postal service provider, by the recipient's acceptance of the item,
(c) in the case of personal delivery or delivery through a postal service provider, also by refusal to accept the consignment if the addressee (or, where appropriate, the person authorised to accept the consignment on his behalf) refuses to accept the consignment,
(d) in the case of delivery through a postal service operator, by the expiry of the period of ten (10) days from the deposit of the consignment and the giving of a notice to the addressee to take delivery of the deposited consignment, if the consignment is deposited with the postal service operator, even if the addressee has not become aware of the deposit.
10 CONTROL OF THE SELLER, OUT-OF-COURT DISPUTE RESOLUTION, COMPLAINTS
10.1 The Seller is entitled to conduct business on the basis of a trade licence. The activity of the Seller is not subject to any other authorisation. Trade control is carried out within the scope of its competence by the competent trade authority (https://www.rzp.cz/).
10.2 Supervision of personal data protection is exercised by the Office for Personal Data Protection (https://www.uoou.cz/).
10.3 The Czech Trade Inspection Authority (http://www.coi.cz/) controls compliance with consumer protection legislation. The Czech Trade Inspection Authority is the subject of out-of-court settlement of consumer disputes arising from the Purchase Agreement or these Terms and Conditions.
10.4 In the event that a consumer dispute arises between the Seller and the Buyer under the Purchase Contract which cannot be resolved by mutual agreement, the Buyer may submit a proposal for out-of-court settlement of such dispute to the designated entity for out-of-court settlement of consumer disputes, which is the Czech Trade Inspection Authority, Central Inspectorate of ADR, Štěpánská 15, 120 00 Prague 2, email: email@example.com, website: https://www.coi.cz/informace-o-adr/.
10.5 Any complaints shall be handled by the Seller via its contact e-mail address specified at the beginning of these Terms and Conditions. The Buyer may also contact the entities mentioned above in this article. The rights of consumers are also defended by their interest associations and other entities for their protection, e.g. the Association of Czech Consumers, z. ú. (address: Tř. Karla IV. 430, 500 02 Hradec Králové, website: www.konzument.cz, email: firstname.lastname@example.org, telephone: +420 495 215 266).
10.6 To file a complaint regarding the Purchase Contract and to find an alternative dispute resolution body, you can also use the online platform established by the European Commission at: http://ec.europa.eu/consumers/odr/.
10.7 The Seller is not bound by any codes of conduct in relation to the Buyer.
11 FINAL PROVISIONS
11.1 If the relationship established by the Purchase Contract contains an international (foreign) element, then the Parties agree that the Purchase Contract concluded between them shall be governed by the relevant legislation of the Czech Republic, in particular the Civil Code or the Consumer Protection Act. This does not preclude the protection afforded to the consumer by the law of the state where the consumer has his/her habitual residence.
11. 2 The Parties expressly agree that any disputes arising in the future from the Purchase Agreement concluded between them, disputes arising in connection with the Purchase Agreement, including disputes concerning its validity, interpretation, implementation or termination, rights arising directly or indirectly from this legal relationship, questions of the legal validity of this legal relationship, questions of rights related to the aforementioned rights, even in the event that this Purchase Contract is void, cancelled or withdrawn from, shall first be settled amicably on the principles of fairness and good morals. In the event of failure to reach an amicable solution, the dispute shall be settled by legal proceedings before the courts of the Czech Republic.
11.3 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments to the Purchase Agreement or the Terms and Conditions shall be in writing.
11.4 The Buyer agrees to the use of remote means of communication in concluding the Purchase Agreement. Costs incurred by the Buyer in the use of remote means of communication in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer, without any difference from the basic rate.
11.5 The Buyer is not entitled to assign the rights and obligations under the Purchase Agreement to a third party without the prior written consent of the Seller.
11.6 The Buyer assumes the risk of change of circumstances within the meaning of Section 1765 (2) CC.
11.7 The Purchase Contract including the Terms and Conditions is archived by the Seller in electronic form and is not accessible.
11.8 If these Terms and Conditions regulate the rights and obligations of the Buyer under the Purchase Contract concluded before the effectiveness of these Terms and Conditions more favourably for the Buyer than the Terms and Conditions governing the Purchase Contract, the relevant more favourable provisions of these Terms and Conditions shall apply in such cases.
In Popice on 1.2. 2021
PERSONAL DATA PROCESSING POLICY
We are a trading company SONBERK, a.s., ID No.: 60714697, with registered office at Sonberk 393/1, 691 27 Popice,
registered with the Regional Court in Brno, Insert B, Section 4138 (hereinafter referred to as "We" or "Our Company").
At the same time, we are the controller of your personal data, which is responsible for its processing.
You can contact us using the following contact details:
Telephone: +420 777 630 434, +420 730 594 570
Address: Sonberk 393/1, 691 27 Popice
This Personal Data Processing Policy (the "Policy") has been created in accordance with the GDPR (the "GDPR") and sets out how we process and protect your personal data.
What personal data do we process about you?
When we offer and sell our products and services to you, we come into contact with people and therefore their personal data. In order to offer our products and services to you in a quality and professional manner, we need to obtain some of your personal data. To help you understand not only the scope of the processing of your personal data but also the purpose of the processing, we classify this data into the following categories:
- Identification and address data, i.e. data that allows us to identify you so that we can enter into a contract with you and provide you with our products or services without unreasonable legal and factual risks, e.g. name, surname, ID number, date of birth, delivery address, billing address, registered office address, permanent address,
- Data related to the purchase contract and its performance, i.e. data arising in connection with the performance of the contract, e.g. date of conclusion of the contract, duration, date and reason for termination, date of payment of the purchase price, order history, customer number, data necessary for the proper performance of the contract, including the amount of the purchase price, date of payment of the purchase price,
- Electronic data, i.e. data generated in connection with your visit to our website, e.g. IP/Mac device address, cookies, device location data, authentication certificates,
- Geolocation data - information about your geographical location,
- Personal data contained in a photograph or video,
- Contact Data, i.e. data that allows us to contact and communicate with you, e.g. email address, phone number.
How does your personal data reach us?
Your personal data may reach us in the following ways:
- By providing it to us when you communicate with us by phone, email, post, web contact form, etc.
- By obtaining it from publicly available sources (e.g. public registers of persons, public lists, professional social networks)
- By obtaining them in the course of carrying out our legal obligations.
- By obtaining them when you visit our website www.sonberk.cz.
What are the purposes, legal grounds and duration of the processing of personal data?
The tables below set out the purposes and legal grounds (titles) for processing your personal data and how long it is held by us.
According to this Policy, the purpose of processing means any activity we carry out in the context of selling our products and providing our services and for which we need to work with your personal data (in particular, the conclusion and performance of a purchase contract, the fulfilment of our legal obligations, sending newsletters, etc.).
According to this Policy, the legal basis for processing means one of the four grounds for lawful processing of personal data as described below within the meaning of the GDPR:
|Legal reasons||Explanations||Example of processing|
|consent||We process your personal data if you give us your consent to do so.||Sending newsletters based on the fact that you have provided us with your email address via a web form.|
|contract performance||We process your personal data if it is necessary for the performance of the contract.||If we enter into a purchase contract with you, we will process your identification, address and contact details in order to fulfil our obligations and check the fulfilment of yours.|
|compliance with legal obligations||We process your personal data when it is necessary for the performance of a legal obligation.||To comply with our legal obligations, we must keep tax documents for 10 years. These documents show, for example, your name, address, etc.|
|legitimate interest||We process your personal data where our legitimate interest in processing it outweighs your rights and freedoms.||When you access our website, we process statistical data about your browsing.|
Legitimate interest We process your personal data if our legitimate interest in processing it outweighs your rights and freedoms. When you access our website, we process statistical data about your browsing.
Purpose No. 1 - CONCLUSION AND PERFORMANCE OF THE PURCHASE AGREEMENT
We process your personal data primarily in order to sell you our products. You are under no obligation to provide us with your data for this purpose. However, without this data, we would not be able to sell you our products and as a consequence it would be impossible to conclude a purchase contract.
We also process your personal data when dealing with your enquiries, complaints or complaints. If you choose to use one of the social networks to communicate with us, please note that the processing of the data provided in this way is also governed by the terms and conditions of these social networks, which we cannot control. The processing of personal data for this purpose is justified by our legitimate interest in being able to communicate with our customers or your consent, depending on which party initiates the communication. The provision of personal data in this case is not a legal or contractual requirement. Thus, you are under no obligation to provide us with your personal data for this purpose. If you choose to publish a review, you do so voluntarily and we process your data on the basis of your consent. You can withdraw your consent at any time. The provision of personal data in this case is not a legal or contractual requirement. Thus, you are under no obligation to provide us with your personal data for this purpose.
|Sub-activities||Scope of processed data||Legal reason||Processing time|
|Negotiation of the conclusion, modification or termination of the purchase contract or its performance||Identification and address data; Data related to the purchase contract and its performance; Contact details||Performance of the contract||For the duration of the contractual relationship|
|Communication, evaluation of satisfaction, publication of reviews, handling of complaints and complaints||Identification and address data; Data related to the purchase contract and its performance; Contact details||Legitimate interest. Consent||Until your consent is withdrawn. For a period of 5 years from the termination of our contractual relationship or for a period of 5 years from the acquisition of the personal data. Until your consent is withdrawn.|
Purpose No. 2 - FULFILLING LEGAL OBLIGATIONS
We also process some of your personal data for the purpose of fulfilling our legal obligations, in particular accounting and tax obligations. The processing of personal data for this purpose is justified by the fulfilment of legal obligations. We must process this data about you.
|Sub-activities||Scope of processed data||Legal reason||Processing time|
|Fulfilling legal obligations in the field of accounting and taxation||Identification and address details; Contact details (in particular details required on accounting and tax documents)||Fulfilling legal obligations in the field of accounting and taxes, in particular Act No. 235/2004 Coll., on value added tax and Act No. 563/1991 Coll., on accounting||For the period of time stipulated by the relevant laws, in particular Act No. 235/2004 Coll., on Value Added Tax and Act No. 563/1991 Coll., on Accounting.
Accounting data is processed for 5 years, tax documents for 10 years.
Purpose No 3 - SENDING OF BUSINESS RECORDS
We also process some of your personal data (in particular your email address or telephone number) for the purpose of sending commercial communications (newsletters and offers of our products and services). We send commercial communications to our customers on the basis of our legitimate interest or to those who have consented (e.g. via a web form).
The processing of personal data for the purpose of sending commercial communications is justified by your consent or our legitimate interest in direct marketing. The provision of personal data on the basis of your consent is voluntary in this case, but without it it would not be possible to send you commercial communications. You can withdraw your consent at any time. You can also object to the mailing on the basis of our legitimate interest. If you let us know that you no longer wish to receive commercial communications, we will stop sending them immediately. To do this, please use the contact details above.
The provision of personal data in this case is not a legal or contractual requirement. You are therefore under no obligation to provide us with your personal data for this purpose.
|Sub-activities||Scope of processed data||Legal reason||Processing time|
|Sending commercial communications||Identification and address details; Contact details (especially email address and telephone number)||Legitimate interest in sending commercial communications to our customers pursuant to Act No. 480/2004 Coll., on certain information society services||Until such time as you tell us that you do not wish to receive commercial offers, up to a maximum of 3 years from the time you cease to be our customer|
Purpose 4 - PROTECTING OUR RIGHTS
After the termination of our contractual relationship, we will still retain your data for a reasonable period of time as determined by the statutory limitation periods in order to protect our rights, property or safety or the rights, property or safety of others. The processing of your data for this purpose is justified by our legitimate interest in protecting our rights, property or safety or the rights, property or safety of others.
The provision of personal data in this case is not a legal or contractual requirement. Thus, you are under no obligation to provide us with your personal data for this purpose, however, we process your personal data for this purpose in situations where you have already provided us with your personal data.
|Sub-activities||Scope of processed data||Legal reason||Processing time|
|Protecting our rights||Identification and address data; Data related to the purchase contract and its performance; Contact details||Legitimate interest||For a period of 5 years from the end of our contractual relationship or for a period of 5 years from the acquisition of the personal data|
Purpose No. 5 - CUSTOMER ACCOUNT MANAGEMENT AND SONBERK CLUB
On our website, you can register for the Sonberk Club to benefit from the loyalty system and manage your personal settings. For this purpose, we need to process your e-mail address, or you can also provide us with your name, surname, address or telephone number. This data is then used to facilitate the ordering of our products and to provide customer benefits.
The processing of personal data for this purpose is justified by your consent. The provision of personal data on the basis of your consent is voluntary in this case, but without it it would not be possible to set up an account or membership in the Sonberk Club. You can withdraw your consent and delete your account at any time. If you let us know that you no longer wish to be registered with the Sonberk Club, we will cancel your account immediately. To do this, please use the contact details above.
Providing personal data in this case is not a legal or contractual requirement. You are therefore under no obligation to provide us with your personal data for this purpose.
|Sub-activities||Scope of processed data||Legal reason||Processing time|
|Customer account and club management Sonberk||Identification and address details; Contact details||Consent||For a period of 5 years from the end of our contractual relationship or for a period of 5 years from the acquisition of the personal data|
Purpose 6 - DIRECT MARKETING AND OUR PROMOTION
Personalized content creation and advertising technologies allow us to display our advertisements on partner sites to visitors who have already expressed interest in our website or services. We strive to ensure that you only see advertising that is genuinely of interest to you, and not advertising without any connection to your person or interests. Based on your order history, interests, and website behavior, you may be shown personalized content and offers on our website and third party websites and applications (including social media). This is primarily made possible by cookies. You can read about managing your preferences regarding the processing of cookies in the Cookie Information.
For the purposes of direct marketing and the creation of personalised content and advertising, we also process email addresses and telephone numbers, but only ever on the basis of your prior consent. You can withdraw your consent at any time via your account.
The processing of personal data for the purpose of direct marketing and the creation of personalised content and advertising is justified by your consent or our legitimate interest in direct marketing. The provision of personal data on the basis of your consent is voluntary in this case, but without it it would not be possible to provide you with personalised content and advertising. You can withdraw your consent at any time. The provision of personal data in this case is not a legal or contractual requirement. You are therefore under no obligation to provide us with your personal data for this purpose.
|Sub-activities||Scope of processed data||Legal reason||Processing time|
|For a period of 5 years from the end of our contractual relationship or for a period of 5 years from the acquisition of the personal data||Personal data in photos or videos||Consent||Until your consent is withdrawn|
|Browse our website and offer relevant content depending on your geographical location||Geolocation data||Consent||Until your consent is withdrawn|
|Displaying personalised content and advertising (direct marketing)||Electronic data (especially cookies), Contact data (especially email address and phone number)||Consent||Until your consent is withdrawn|
Purpose No. 7 - RUNNING OF THE CUSTOMER CONTEST AND DELIVERY OF WINS
From time to time, we may run a customer competition and we may process your personal data according to the parameters of the competition. Typically, this includes your email address and name and delivery address.
The processing of personal data for the purpose of running a customer competition and delivering prizes is justified by your consent. The provision of personal data in this case is voluntary, but without it it would not be possible to participate in the customer competition. You can withdraw your consent at any time, but this will usually mean that you will be excluded from the competition.
|Sub-activities||Scope of processed data||Legal reason||Processing time|
|Running customer competitions and delivering prizes||Identification and address details; Contact details||Consent||For the duration of the customer competition|
Purpose 8 - VISITING OUR WEBSITE
When you visit our website, we automatically process personal data about you to the extent, for the purpose and on the basis of the legal basis set out in the table below. For more information on what cookies are, what cookies we use and what they are used for, please see the Cookie Processing Information.
Who do we disclose your personal data to?
In order to keep your personal data safe and secure while we offer and sell our products and services to you, the following recipients and processors help us process your personal data:
Pozvánka na valnou hromadu společnosti 2019.
Pozvánka na valnou hromadu společnosti 2018.
Pozvánka na valnou hromadu společnosti 2017.
Pozvánka na valnou hromadu společnosti 2016.
Shipping and Payment Conditions within the Czech Republic
Orders placed through the online store www.sonberk.cz can be paid by credit card or bank transfer directly via the web interface. Alternatively, you can choose to pay in cash on delivery directly to the Toptrans carrier, which will deliver the order to you. When picking up personally at Sonberk, you can also choose to pay in cash or by card.
The transport of orders within the Czech Republic is carried out by the transport company Toptrans, which usually delivers the goods on the second working day after the dispatch from the winery. Orders that we receive with payment by 8.00 am are usually shipped that day. Orders received during the day are shipped the next business day unless the customer specifies another required shipping date. Expedition days are Monday - Thursday. Delivered Tuesday - Friday approximately in the time range 8.00 - 16.00. You will receive a text message notification in advance with a code for taking over the mobile number that you entered in the order.
Transport prices for the Czech Republic:
a / Basic shipment of at least six items: CZK 120 including VAT per box. (ie 20CZK with VAT for each item), each additional item: 20 CZK including VAT
b / Smaller amounts of bottles can be ordered for example in a gift package (carton/cassette): 120 CZK with VAT for packages up to 5 kg
c / For special products (Riesling vertical, Alliance V8 cassette, TOP 6 Wines, The 7 Happy Faces of Pálava a special price for transport is set, according to weight - CZK 200 and CZK 280 including VAT). Shipping from two special products (5000 CZK) takes place at the sender´s expense.
d / The transport of orders worth at least CZK 2,500 including VAT takes place at the sender's expense.
e / Surcharge for payment on delivery: 30 CZK including VAT per order.
The total amount of shipment depends on the weight of the freight and the destination address. For each shipment, we calculate the amount of freight individually according to the carrier's price list and any customs costs, if applicable. You can send us your order via email or eshop inquiry.
Shipping to Slovakia: Orders over 5000 CZK - free shipping.
Register and get a 10% discount on the purchase of wines. In addition to an attractive system of club discounts for you, we also have a non-public wine offer.More information