Terms and conditions

I. Basic Provisions

1. These General Terms and Conditions of Business (hereinafter referred to as „Terms and Conditions“) are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as „Civil Code“) of the Company   Šporkovský pivovar s.r.o. IČO: 04338570 DIČ: CZ04338570 se sídlem Říční 539/2, 118 00 Praha 1- Malá Strana zapsané v obchodním rejstříku vedeném Městským soudem v Praze, oddíl C, vložka 246150 kontaktní údaje: email: info@sistersbistro.cz telefon: +420 775 991 975 www.sistersbistro.cz (hereinafter referred to as „Seller“)  
2. These Terms and Conditions regulate the mutual rights and obligations of the Seller and a natural person who concludes a purchase contract outside his business activity as a consumer or within his business activity (hereinafter referred to as the „Buyer“) through the web interface located on the website available at sistersbistro.cz (hereinafter referred to as the „Online Shop“).
3. The provisions of the Terms and Conditions are an integral part of the purchase contract. Any deviating provisions in the purchase contract shall prevail over the provisions of these Terms and Conditions.
4. These Terms and Conditions and the purchase contract are concluded in the Czech language.
5. The Seller hereby declares and acknowledges that the ordering and sale of alcoholic beverages to persons under 18 years of age is prohibited.

II. Information about Goods and Prices

1. Information about goods, including the prices of individual goods and their main features are listed in the catalogue of the online store. The prices of the goods are inclusive of value added tax, all related charges and the cost of returning the goods if they cannot be returned by normal postal means. The prices of the goods remain valid for the period of time they are displayed in the online shop. This provision does not preclude the negotiation of a purchase contract on individually agreed terms.
2. All presentation of goods placed in the catalogue of the online store is informative and the seller is not obliged to conclude a purchase contract regarding these goods.
3. Information about the costs associated with the packaging and delivery of goods is published in the online shop. The information on the costs associated with the packaging and delivery of the goods listed in the online shop is valid only in cases where the goods are delivered within the Czech Republic.
4. Any discounts on the purchase price of the goods cannot be combined with each other, unless otherwise agreed between the Seller and the Buyer.

III. Order and Conclusion of the Purchase Contract

1. Costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the Buyer himself. These costs do not differ from the basic rate.
2. The Buyer orders the goods in the following ways:
• through his/her customer account if he/she has previously registered in the online shop,
• by filling in the order form without registration.
3. When placing an order, the Buyer selects the goods, the number of items, the method of payment and delivery.
4. Before sending the order, the Buyer is allowed to check and change the data he has entered in the order. The Buyer sends the order to the Seller by clicking on the button. The information provided in the order is considered correct by the Seller. The validity of the order is subject to the completion of all mandatory data in the order form and the Buyer’s confirmation that he has read these Terms and Conditions.
5. Immediately upon receipt of the order, the Seller shall send the Buyer a confirmation of receipt of the order to the email address provided by the Buyer when placing the order. This confirmation shall be deemed to be the conclusion of the contract. The confirmation shall be accompanied by the Seller’s current terms and conditions. The purchase contract is concluded only after receipt of the order by the Seller. Notification of acceptance of the order is delivered to the Buyer’s email address.
6. In the event that any of the requirements specified in the order cannot be fulfilled, the Seller shall send an amended offer to the Buyer’s email address. The amended offer shall be deemed to be a new proposal of the purchase contract and the purchase contract shall be concluded in such case by the Buyer’s confirmation of acceptance of this offer to the Seller at his email address specified in these Terms and Conditions.
7. All orders accepted by the Seller are firm. The Buyer may cancel an order until the Buyer has received notification of acceptance of the order by the Seller. The Buyer may cancel an order by telephone to the telephone number or email of the Seller set out in these Terms and Conditions.
8. In the event of an obvious technical error on the part of the Seller in the pricing of the goods in the Online Shop or during the ordering process, the Seller shall not be obliged to supply the Goods to the Buyer at such obviously incorrect price even if the Buyer has been sent an automatic acknowledgement of receipt of the order in accordance with these Terms and Conditions.

The Seller informs the Buyer of the error without undue delay and sends an amended offer to the Buyer’s email address. The amended offer shall be considered as a new proposal of the purchase contract and the purchase contract shall be concluded in such case by confirmation of acceptance by the Buyer to the Seller’s email address.

IV. Customer Account

1. Upon registration of the Buyer in the Online Shop, the Buyer can access his customer account. From his customer account, the Buyer can order goods. The Buyer can also order goods without registration.
2. When registering for a customer account and when ordering goods, the Buyer is obliged to provide all the information correctly and truthfully. The Buyer is obliged to update the information provided in the user account whenever it changes. The information provided by the Buyer in the customer account and when ordering goods is considered correct by the Seller.
3. Access to the customer account is secured by a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his customer account. The Seller is not responsible for any isuse of the customer account by third parties.
4. The Buyer is not entitled to allow third parties to use the customer account.
5. The Seller may cancel the user account, especially if the Buyer no longer uses his/her user account or if the Buyer violates his/her obligations under the purchase contract and these Terms and Conditions.
6. The Buyer is aware, that the user account does not have to be continuously accessible, especially with respect to necessary maintenance of hardware and software equipment of the Buyer, prospectively necessary maintenance of hardware and software equipment of the third parties.

 

V. Payment Terms and Shipment of Goods

1. The price of the goods and any costs associated with the shipment of the goods under the purchase contract may be paid by the Buyer in the following ways:
• cashless by credit card
• cash on delivery
• cash or by credit card upon personal collection in the shop
2. Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with the packaging and shipment of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the shipment of the goods.
3. In the case of payment in cash, the purchase price is payable upon receipt of the goods.
4. In case of non-cash payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller’s bank account.
5. The Seller does not require any advance payment or any other payment from the Buyer. Payment of the purchase price before shipment of the goods is not an advance.
6. Pursuant to Act on sales records the Seller is obliged to issue a receipt to the Buyer. At the same time, he is obliged to register the received sales with the tax administrator online, and in case of technical failure within 48 hours at the latest.
7. The goods are shipped to the Buyer:
• to the address specified by the Buyer in the order
• via the dispatch office to the address of the dispatch office designated by the Buyer,
• personal collection at the Seller’s premises
8. The choice of the shipment method is made during the ordering of the goods.
9. The shipment costs depending on the method of delivery and taking the goods is indicated in the Buyer´s order and in the Seller´s confirmation of the order. If the method of shipment is agreed upon at the Buyer’s specific request, the Buyer bears the risk and any additional costs associated with this method of delivery.
10. If the Seller is obliged to deliver the goods to a place given by the Buyer in the order, the Buyer is obliged to take the goods upon the delivery. In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the Buyer is obliged to pay the costs associated with the repeated shipment of the goods, or the costs associated with a different method of shipment.
11. Upon the delivery of the goods the Buyer is obliged to check the packaging for possible damage and in case of any defects inform the carrier without delay. In the event of a breach of packaging indicating unauthorized intrusion into the shipment, the Buyer may not accept the shipment from the carrier.
12. The Seller shall issue to the Buyer a tax document – an invoice. The tax document is sent to the Buyer’s email address.
13. The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but not before taking delivery of the goods. Liability for accidental destruction, damage or loss of the goods passes to the Buyer at the moment of receipt of the goods or at the moment when the Buyer was obliged to accept the goods but failed to do so in breach of the purchase contract.

VI. Withdrawal from the Contract

1. A Buyer who has concluded a purchase contract outside his business activity as a consumer has the right to withdraw from the purchase contract.
2. The withdrawal period is 14 days
• from the date of receipt of the goods,
• from the date of acceptance of the last delivery of goods, if the subject of the contract is several types of goods or the delivery of several parts
• from the date of acceptance of the first delivery of goods, if the subject of the contract is a regular recurring delivery of goods.
3. The Buyer may not withdraw from the purchase contract in the event of:
• the provision of services, if they have been performed with the prior express consent of the Buyer before the expiry of the withdrawal period and the Seller has informed the Buyer before the conclusion of the contract that in this case he has no right to withdraw from the contract,
• the delivery of goods or services, the price of which depends on the fluctuations of the financial market independently of the Seller’s will and which may occur during the withdrawal period,
• 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 will of the Seller,
• delivery of goods that have been modified according to the wishes of the buyer or for his person,
• deliveries of perishable goods and goods which have been irretrievably mixed with other goods after delivery,
• delivery of goods in sealed packaging, which the buyer has removed from the packaging and cannot be returned for hygienic reasons,
• delivery of an audio or visual recording or computer program if it has damaged its original packaging,
• delivery of newspapers, periodicals or magazines,
• the delivery of digital content, unless it was delivered on a tangible medium and was delivered with the prior express consent of the Buyer before the expiry of the withdrawal period and the seller has informed the buyer prior to the conclusion of the contract that in such a case he has no right to withdraw from the contract,
• and in other cases, specified in section 1837 of the Civil Code.
4. In order to comply with the withdrawal deadline, the Buyer must send a withdrawal statement within the withdrawal period.
5. For withdrawal from the purchase contract, the Buyer can use the sample withdrawal form provided by the seller. The Buyer shall send the withdrawal form to the email or delivery address of the Seller specified in these Terms and Conditions. The Seller shall promptly acknowledge receipt of the form to the Buyer.
6. The Buyer who has withdrawn from the contract shall return the goods to the Seller within 14 days of the withdrawal from the contract. The Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned by the usual postal method due to their nature.
7. If the Buyer withdraws from the purchase contract, the Seller shall return without delay, but latest within 14 days from the withdrawal from the purchase contract, all monies including shipment costs, that he has accepted from him, in the same way. The Seller shall return to the Buyer accepted monies any other way only if the Buyer agrees and if it does not cause him any additional costs.
8. If the Buyer has chosen a delivery method other than the cheapest delivery method offered by the Seller, the Seller shall refund the Buyer the delivery costs in the amount corresponding to the cheapest delivery method offered.
9. If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the funds received to the Buyer before the Buyer has handed over the goods to the Seller or proved that he has sent the goods to the Seller.
10. The goods returned to the Seller by the Buyer must be undamaged, unused and clean and if possible, in the original packaging. The Seller is entitled to unilaterally offset the claim for compensation for damage of the goods against the Buyer’s claim for reimbursement of the purchase price.
11. The Seller is entitled to withdraw from the purchase contract due to out of stock, unavailability of goods, or when the manufacturer, importer or supplier of the goods has discontinued production or import of the goods. The Seller shall promptly inform the Buyer via the email address specified in the order and shall return all monies, including delivery costs, received from the Buyer according to the contract within 14 days of notification of withdrawal from the purchase contract in the same manner or in the manner specified by the Buyer.

VII. Rights from Defective Performance

1. The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer took delivery of the goods:
• the goods have the characteristics agreed between the parties and, in the absence of an agreement, have the characteristics described by the Seller or manufacturer or expected by the Buyer in view of the nature of the goods and on the basis of the advertising made to them,
• the goods are fit for the purpose stated by the Seller for their use or for which goods of that kind are usually used,
• the goods correspond in quality or workmanship to the agreed sample or specimen, if the quality or workmanship was determined according to the agreed sample or specimen,
• the goods are in the appropriate quantity, measure or weight; and
• the goods comply with the requirements of the legislation.
2. If a defect appears within six months from the Buyer’s receipt of the goods, it shall be deemed that the goods were already defective upon receipt. The Buyer is entitled to exercise the right to claim a defect that occurs in consumer goods within twenty-four months of receipt. This provision shall not apply to goods sold at a lower price to a defect for which the lower price was agreed, to wear and tear caused by normal use, to a defect in second-hand goods corresponding to the degree of use or wear and tear which the goods had when taken over by the Buyer, or if this results from the nature of the goods.
3. In the event of a defect, the Buyer may submit a claim to the Seller and demand:
• exchange for new goods
• repair of goods
• a reasonable discount on the purchase price
• withdrawal from the contract.
4. The Buyer has the right to withdraw from the contract,
• if the goods have a material defect
• if he cannot use the item properly due to the recurrence of the defect or defects after repair
• in the event of a large number of defects in the goods.
5. The Seller is obliged to accept the complaint in any establishment where the acceptance of the complaint is possible, possibly also in the registered office or place of business. The Seller is obliged to issue to the Buyer a written confirmation of when the Buyer exercised the right, what is the content of the complaint and what method of handling the complaint the Buyer requires, as well as a confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification of the rejection of the complaint.
6. The Seller or employer authorized by the Seller shall decide about the complaint immediately, in difficult cases within three working days. This time limit shall not include the time appropriate to the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, must be settled without delay, within 30 days of the date of the complaint, unless the Seller and the Buyer agree on a longer period. The expiry of this period in vain shall be considered a material breach of contract and the Buyer shall have the right to withdraw from the purchase contract. As the moment of applying the complaint is considered the moment, when the Buyer runs out of good will (applying the right from defective performance) towards the Seller.
7. The Seller shall inform the Buyer in writing of the outcome of the claim.
8. The right from the defective performance does not belong to the Buyer if he knew about the defect prior to accepting the goods or if the Buyer caused the defect himself.
9. In the event of a justified complaint the Buyer is entitled to reimbursement of reasonably incurred costs associated with the handling of the complaint. The Buyer may exercise this right with the Seller within one month after the expiry of the warranty period.
10. The Buyer has the choice of the method of claim.
11. The rights and obligations of the contractual parties arising from rights from the defective performance are governed by section 1914 to 1925, section 2099 to 2117 and section 2161 to 2174 of the Civil Code.

VIII. Delivery

1. The Parties may deliver all written correspondence to each other by electronic mail.
2. The Buyer shall deliver correspondence to the Seller at the email address specified in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer at the email address provided in the Buyer’s customer account or order.

IX. Out-of-Court Dispute Resolution

1. The Czech Trade Inspection Authority (Česká obchodní inspekce) with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs is competent for out-of-court settlement of consumer disputes arising from a purchase contract. Platform for on-line dispute solutions placed on an internet address http://ec.europa.eu/consumers/odr can be used to solve disputes arising from the purchase contract between the Seller and the Buyer.
2. The European Consumer Centre Czech Republic (Evropské spotřebitelské centrum Česká republika), with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
3. The Seller is authorised to sell goods on the basis of a trade licence. The trade control is carried out within the scope of its competence by the competent trade authority. The Czech Trade Inspection Authority supervises compliance with Act No 634/1992 Coll., on Consumer Protection, among other things.

X. Final Provisions

1. All agreements between the Seller and the Buyer are governed by the law of the Czech Republic. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship shall be governed by the law of the Czech Republic. This is without prejudice to the consumer’s rights under generally binding legislation.
2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
3. All rights to the Seller’s website, in particular the copyrights to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the website or any part thereof without the consent of the Seller.
4. The Seller shall not be liable for errors resulting from third party interference with the online shop or from its use contrary to its intended purpose. The Buyer shall not use any procedures in the use of the Online Shop that could have a negative effect on its operation and shall not perform any activity that could enable him or third parties to interfere with or make unauthorised use of the software or other components forming the Online Shop and use the Online Shop or its parts or software in a manner that would be contrary to its purpose or intent.
5. The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
6. The purchase contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
7. The Seller may change or supplement the wording of the Term and Conditions. This provision does not affect the rights and obligations arising during the period of effectiveness of the previous version of the terms and conditions.
8. A sample form for withdrawal from the contract is attached to the Terms and Conditions.

These Terms and Conditions shall come into force on 1 January 2019.