Terms and Conditions

Terms and Conditions

of the company Good Hope Wines s.r.o.
Registered office: Petrovice 163, 403 37 Petrovice
Identification number: 08316473
Registered in the Commercial Register maintained by the Regional Court in Ústí nad Labem, Section C, Insert 43880

For the sale of goods through the online store located at the internet address: www.goodhopewines.cz

INTRODUCTORY PROVISIONS

These Terms and Conditions (hereinafter referred to as "Terms") of Good Hope Wines s.r.o., with its registered office at Petrovice 163, 403 37 Petrovice, identification number: 08316473, registered in the Commercial Register maintained by the Regional Court in Ústí nad Labem, Section C, Insert 43880 (hereinafter referred to as the "Seller"), govern, in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contractual parties arising in connection with or based on a purchase agreement (hereinafter referred to as the "Purchase Agreement") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online store. The online store is operated by the Seller on a website located at www.goodhopewines.eu (hereinafter referred to as the "Website") via the website interface (hereinafter referred to as the "Web Interface of the Store").

These Terms do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or a person acting when ordering goods in the course of their business activity or in the course of their independent profession.

Provisions differing from these Terms may be agreed in the Purchase Agreement. The differing provisions in the Purchase Agreement take precedence over the provisions of these Terms.

The provisions of these Terms form an integral part of the Purchase Agreement. The Purchase Agreement and these Terms are prepared in the Czech language. The Purchase Agreement may be concluded in the Czech language.

Alcoholic beverages will only be sold to persons over 18 years of age.

The Seller may amend or supplement the wording of these Terms. Such amendments do not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms.

USER ACCOUNT

Based on the Buyer's registration on the Website, the Buyer may access their user interface. From their user interface, the Buyer may place orders for goods (hereinafter referred to as the "User Account"). If the Web Interface of the Store allows it, the Buyer may also place orders for goods without registration directly via the Web Interface of the Store.

When registering on the Website and when ordering goods, the Buyer is obligated to provide accurate and truthful information. The Buyer must update the information provided in the User Account in case of any changes. Information provided by the Buyer in the User Account and when ordering goods is considered correct by the Seller.

Access to the User Account is secured by a username and password. The Buyer is required to maintain confidentiality regarding the information necessary to access their User Account.

The Buyer is not authorized to allow the use of the User Account by third parties.

The Seller may cancel the User Account, especially if the Buyer has not used their User Account for more than two years or if the Buyer violates their obligations under the Purchase Agreement (including these Terms).

The Buyer acknowledges that the User Account may not be available continuously, particularly with regard to the necessary maintenance of the Seller's hardware and software equipment or the necessary maintenance of third-party hardware and software equipment.

CONCLUSION OF THE PURCHASE AGREEMENT

All presentation of goods placed in the Web Interface of the Store is of an informative nature, and the Seller is not obliged to conclude a Purchase Agreement regarding these goods. The provisions of § 1732 paragraph 2 of the Civil Code do not apply.

The Web Interface of the Store contains information about the goods, including the prices of individual goods and the costs for returning the goods if the goods by their nature cannot be returned by the usual postal method. The prices of goods are listed inclusive of value-added tax and all related fees. The prices of goods remain valid as long as they are displayed in the Web Interface of the Store. The prices of goods are/are not adjusted based on automated decision-making. This provision does not limit the Seller's ability to conclude a Purchase Agreement under individually agreed terms.

The Web Interface of the Store also contains information about the costs associated with packaging and delivering the goods and the method and time of delivery. Information about the costs associated with packaging and delivering the goods listed in the Web Interface of the Store applies only when the goods are delivered within the Czech Republic.

If the Seller offers free delivery of goods, the right to free delivery of goods for the Buyer is conditional upon payment of the minimum total purchase price of the transported goods as specified in the Web Interface of the Store. In the event of partial withdrawal from the Purchase Agreement by the Buyer, and the total purchase price of the goods that were not withdrawn from the Purchase Agreement does not reach the minimum amount required to qualify for free delivery, the Buyer's right to free delivery of goods ceases, and the Buyer is obligated to pay the delivery costs to the Seller.

To order goods, the Buyer fills out the order form in the Web Interface of the Store. The order form contains in particular information about the following:

The ordered goods (the ordered goods are "inserted" by the Buyer into the electronic shopping cart of the Web Interface of the Store)
The method of payment of the purchase price of the goods, information about the required method of delivery of the ordered goods, and
Information about the costs associated with the delivery of goods (hereinafter collectively referred to as the "Order").

Before sending the Order to the Seller, the Buyer is allowed to check and change the input data that the Buyer has entered in the Order, including the option for the Buyer to identify and correct errors made when entering data in the Order. The Buyer sends the Order to the Seller by clicking on the "Order" button. The information provided in the Order is considered correct by the Seller.

The Seller shall immediately confirm receipt of the Order to the Buyer via electronic mail to the Buyer's email address specified in the User Account or the Order (hereinafter referred to as the "Buyer's Email Address").

Depending on the nature of the Order (quantity of goods, purchase price, estimated shipping costs), the Seller is always entitled to request additional confirmation of the Order from the Buyer (for example, in writing or by telephone).

The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the Order (acceptance), which is sent by the Seller to the Buyer via electronic mail to the Buyer's Email Address.

The Buyer agrees to the use of remote communication means when concluding the Purchase Agreement. The costs incurred by the Buyer when using remote communication means in connection with concluding the Purchase Agreement (internet connection costs, telephone call costs) shall be borne by the Buyer themselves, and these costs do not differ from the basic rate.

PRICE OF GOODS AND PAYMENT TERMS

The price of goods and any costs associated with the delivery of goods under the Purchase Agreement can be paid by the Buyer to the Seller in the following ways:

In cash at the Seller's premises at Petrovice 163, 403 37 Petrovice
Cash on delivery at the location specified by the Buyer in the Order
Cashless by transfer to the Seller's account No. 1611660002/5500 maintained with Raiffeisenbank (hereinafter referred to as the "Seller's Account")
Cashless via the Comgate payment system
Cashless by payment card
In cash or by payment card upon personal collection at the parcel pick-up point
Via credit provided by a third party

Along with the purchase price, the Buyer is obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.

The Seller does not require any advance or similar payment from the Buyer. This does not affect the provision in Article 4.6 of the Terms regarding the obligation to pay the purchase price of the goods in advance.

In the case of payment in cash, on delivery, or at a parcel pick-up point, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within five (5) days of concluding the Purchase Agreement.

In the case of cashless payment, the Buyer is obliged to pay the purchase price of the goods, including specifying the payment's variable symbol. The Buyer's obligation to pay the purchase price is fulfilled when the appropriate amount is credited to the Seller's account.

The Seller is entitled, particularly if the Buyer does not confirm the Order additionally (Article 3.6), to require payment of the full purchase price before sending the goods to the Buyer. The provisions of § 2119 paragraph 1 of the Civil Code do not apply.

Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined.

If it is customary in business or stipulated by generally binding legal regulations, the Seller shall issue an invoice – a tax document – for payments made under the Purchase Agreement. The Seller is a payer of value-added tax. After receiving payment for the goods, the Seller shall issue the invoice and send it to the Buyer electronically to the Buyer's Email Address.

WITHDRAWAL FROM THE PURCHASE AGREEMENT

The Buyer acknowledges that under § 1837 of the Civil Code, it is not possible to withdraw from a Purchase Agreement for the supply of:

Goods made to the Buyer's specifications or adapted to their personal needs,
Goods that are perishable or have a short shelf life, as well as goods that, due to their nature, have been irretrievably mixed with other goods after delivery,
Goods in sealed packaging that cannot be returned for health or hygiene reasons once the seal has been broken, and
Audio or video recordings or computer programs in sealed packaging if the seal has been broken by the Buyer.

If the situation does not fall under Article 5.1 of the Terms or another situation where withdrawal from the Purchase Agreement is not possible, the Buyer has the right to withdraw from the Purchase Agreement in accordance with § 1829 paragraphs 1 and 2 of the Civil Code, within fourteen (14) days of receiving the goods or:

The last piece of goods, in the case of multiple goods ordered in a single order that are delivered separately,
The last part or item in the case of delivery of goods consisting of multiple items or parts, or
The first delivery of goods in the case of a contract for regular delivery over an agreed period.

Withdrawal from the Purchase Agreement must be sent to the Seller within the period specified in Article 5.2 of the Terms. The Buyer may use the sample form provided by the Seller, which is attached to the Terms, to withdraw from the Purchase Agreement. The withdrawal may be sent, among other methods, to the Seller's registered address or to the Seller's email address at matous@goodhopewines.eu.

In the event of withdrawal from the Purchase Agreement, the Purchase Agreement is annulled from the outset. The Buyer must return or hand over the goods to the Seller without undue delay, no later than fourteen (14) days after the withdrawal, unless the Seller has offered to collect the goods themselves. The deadline is met if the Buyer sends the goods before the expiration of the fourteen-day period.

If the Buyer withdraws from the Purchase Agreement, they bear the costs of returning the goods to the Seller, even in cases where the goods cannot be returned by ordinary postal means due to their nature.

In the event of withdrawal from the Purchase Agreement, the Seller shall return all funds received from the Buyer, including delivery costs, within fourteen (14) days of the withdrawal. The Seller is not required to refund these funds before receiving the goods or until the Buyer provides proof that the goods have been sent back, whichever occurs first.

The Seller may offset any claims for damages caused to the goods against the Buyer's claim for a refund of the purchase price.

In cases where the Buyer has the right to withdraw from the Purchase Agreement under § 1829 paragraph 1 of the Civil Code, the Seller also reserves the right to withdraw from the Purchase Agreement at any time until the goods are received by the Buyer. In such cases, the Seller shall refund the purchase price without undue delay, using a cashless payment to the account designated by the Buyer.

If the Buyer has received a gift along with the goods, the gift agreement between the Seller and the Buyer is concluded with the resolutory condition that withdrawal from the Purchase Agreement by the Buyer will void the gift agreement, and the Buyer must return the provided gift along with the goods.

TRANSPORTATION AND DELIVERY OF GOODS

If the mode of transportation is arranged based on a specific request by the Buyer, the Buyer bears the risk and any additional costs associated with this mode of transportation.

If the Seller is obligated under the Purchase Agreement to deliver the goods to a location specified by the Buyer in the Order, the Buyer is required to take delivery of the goods upon delivery.

If, for reasons attributable to the Buyer, the goods need to be delivered repeatedly or in a different manner than stated in the Order, the Buyer shall bear the costs associated with repeated delivery or alternative delivery methods.

Upon receipt of the goods from the carrier, the Buyer must inspect the packaging for damage and immediately notify the carrier of any defects. If the packaging is found to be damaged, suggesting unauthorized access to the shipment, the Buyer may refuse to accept the shipment from the carrier.

The Buyer acknowledges that it is prohibited to sell alcoholic beverages to persons under 18 years of age. As such, the delivery personnel or Seller may request proof of age before handing over goods containing alcohol. If proof of age is not provided, the goods containing alcohol will not be delivered.

Additional rights and obligations of the parties related to the transportation of goods may be governed by the Seller’s specific delivery terms, if issued.

RIGHTS FROM DEFECTIVE PERFORMANCE

The rights and obligations of the contracting parties concerning rights from defective performance are governed by applicable generally binding regulations (in particular, the provisions of § 1914 to 1925, § 2099 to 2117, and § 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

If the subject of purchase is a tangible movable item that is connected to digital content or a digital content service in such a way that it cannot function without them (hereinafter referred to as an "item with digital features"), the provisions regarding the Seller's liability for defects also apply to the provision of digital content or the digital content service, even if provided by a third party. This does not apply if it is clear from the content of the Purchase Agreement and the nature of the item that they are provided separately.

The Seller guarantees to the Buyer that the item has no defects upon receipt. In particular, the Seller guarantees to the Buyer that the item:

Complies with the agreed description, type, and quantity, as well as quality, functionality, compatibility, interoperability, and other agreed characteristics,
Is fit for the purpose for which the Buyer requires it and which the Seller agreed to, and
Is supplied with agreed accessories and instructions for use, including installation instructions if applicable.

In addition to the agreed characteristics, the Seller guarantees that the item:

Is fit for the usual purpose for which an item of this kind is used, taking into account the rights of third parties, legal regulations, technical standards, or codes of conduct in the specific industry, where technical standards do not exist,
Corresponds in quality and performance, including durability, functionality, compatibility, and safety, to the usual properties of items of the same kind that the Buyer can reasonably expect, even considering public statements made by the Seller or another party in the same contractual chain, especially in advertising or labeling unless the Seller demonstrates that they were unaware of it or that such a statement could not influence the Buyer’s decision,
Is delivered with the accessories, including packaging, installation instructions, and other instructions for use, that the Buyer can reasonably expect, and
Matches the quality or design of a sample or model provided to the Buyer before the conclusion of the Purchase Agreement.

The provisions of Article 7.4 do not apply if the Seller specifically informed the Buyer before concluding the Purchase Agreement that certain features of the item differ and the Buyer expressly agreed to this deviation upon entering into the agreement.

The Seller is also liable for defects caused by improper assembly or installation that was performed by the Seller or on their responsibility. This also applies if the assembly or installation was carried out by the Buyer and a defect arose due to deficiencies in the instructions provided by the Seller or the provider of digital content or a digital content service in the case of an item with digital features.

If a defect becomes apparent within one year of receipt, the item is presumed to have been defective at the time of delivery unless the nature of the item or the defect excludes this. This period is suspended for the time the Buyer cannot use the item due to the defect if the claim is justified.

In the case of an item with digital features, the Seller ensures that the Buyer will receive agreed updates of the digital content or the digital content service. In addition to the agreed updates, the Seller ensures that the Buyer will receive updates necessary to maintain the item’s conformity with Articles 7.3 and 7.4 of these Terms, and that the Buyer will be notified of their availability:

For two years, if the digital content or digital content service is to be provided continuously under the Purchase Agreement for a specified period, or for the entire agreed period if longer than two years.
For a reasonable time period if the digital content or digital content service is to be provided under the Purchase Agreement on a one-time basis; this will be determined according to the type and purpose of the item, the nature of the digital content or digital content service, and circumstances at the time of concluding the Purchase Agreement.

If the Buyer does not install an update within a reasonable time, they have no rights arising from the defect resulting solely from the failure to install the update. This does not apply if the Buyer was not notified of the update or its consequences, or if they failed to install the update due to deficiencies in the instructions provided.

The Buyer may claim a defect that occurs within two years of receiving the item. For an item with digital features, if the digital content or digital content service is to be provided continuously for a specific period, the Buyer may claim a defect that occurs within this period.

If the item has a defect, the Buyer may request its removal. They may choose between having a new item delivered without defects or the defect being repaired unless the chosen method of removal is impossible or disproportionately expensive compared to the other option.

The Seller must remove the defect within a reasonable time after it is claimed by the Buyer and in a way that does not cause significant inconvenience to the Buyer, taking into account the nature of the item and the purpose for which the Buyer purchased it.

If the defect is not removed in compliance with the above or appears repeatedly, or if it constitutes a material breach of the Purchase Agreement, the Buyer may request a reasonable discount or withdraw from the agreement.

The Buyer cannot withdraw from the Purchase Agreement if the defect is insignificant. It is presumed that the defect is not insignificant. If the Buyer withdraws from the Purchase Agreement, the Seller shall refund the purchase price without undue delay after receiving the returned item or after the Buyer provides proof that the item was sent back.

The Buyer may claim a defect with the Seller at the location where the item was purchased. If another party is designated to carry out repairs, the Buyer may also claim the defect with this party, provided they are closer to the Buyer’s location or the Seller’s premises.

Unless another party is specifically designated to handle repairs, the Seller is required to accept claims at any of their premises where such claims can be accepted based on the range of goods sold or services provided, or at their registered office. The Seller is obligated to provide the Buyer with a written confirmation of when the claim was made, what the claim concerns, the manner in which the Buyer seeks to have the issue resolved, and the Buyer’s contact details for providing information on how the claim is handled.

Claims, including the removal of defects, must be handled and the Buyer must be informed within thirty (30) days of making the claim, unless the Seller and the Buyer agree on a longer period. In the case of digital content or digital content services, claims must be handled within a reasonable time considering the nature of the digital content or service and its intended purpose.

If the claim is not resolved within the time period mentioned above, the Buyer may withdraw from the Purchase Agreement or request a reasonable discount.

The Seller is obligated to issue a confirmation to the Buyer regarding the date and method of resolving the claim, including confirmation of repairs made and their duration or a written justification for denying the claim.

The Buyer may exercise rights arising from liability for defects specifically at the following locations:

In person at the Seller’s premises at Petrovice 163, 403 37 Petrovice,
By telephone at +420 725 516 759,
By email at matous@goodhopewines.eu.

The Buyer is entitled to reimbursement for any costs reasonably incurred in making a claim. If the Buyer does not exercise this right within one month after the defect claim period expires, the court may not grant this right if the Seller objects to the late filing.

Additional rights and obligations related to the Seller’s liability for defects may be governed by the Seller’s complaints procedure.

The Seller or another party may provide a quality guarantee to the Buyer in addition to the Buyer’s statutory rights from defective performance.

OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

The Buyer acquires ownership of the goods by paying the full purchase price.

The Seller is not bound by any codes of conduct in relation to the Buyer, as defined in § 1820 paragraph 1(n) of the Civil Code.

The Seller handles consumer complaints via email. Complaints can be sent to the Seller’s email address. The Seller shall inform the Buyer about the resolution of their complaint by sending a message to the Buyer’s email address. The Seller does not specify any other rules for handling complaints.

The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: https://adr.coi.cz/cs, is responsible for the extrajudicial resolution of consumer disputes arising from the Purchase Agreement.

The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, serves as a 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 consumer online dispute resolution).

The Buyer may also submit complaints to supervisory or state oversight authorities. The Seller is authorized to sell goods based on a trade license. Trade license inspections are conducted by the relevant trade office within its scope of authority.

Supervision of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises compliance with the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, within the defined scope.

The Buyer assumes the risk of a change in circumstances in accordance with § 1765 paragraph 2 of the Civil Code.

PROTECTION OF PERSONAL DATA

The Seller fulfills their information obligation towards the Buyer within the meaning of Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as "GDPR"), regarding the processing of the Buyer’s personal data for the purposes of performing the Purchase Agreement, negotiating the Purchase Agreement, and fulfilling the Seller’s public law obligations, through a separate document.

SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES

The Buyer consents, within the meaning of § 7 paragraph 2 of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended, to the sending of commercial communications by the Seller to the Buyer’s email address or telephone number.

The Seller fulfills their information obligation towards the Buyer under Article 13 of the GDPR concerning the processing of personal data for the purpose of sending commercial communications via a separate document.

The Seller fulfills their legal obligations related to the potential storage of cookies on the Buyer’s device via a separate document.

DELIVERY

Communications to the Buyer may be delivered to the Buyer’s email address.

FINAL PROVISIONS

If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. By choosing Czech law, the Buyer, who is a consumer, is not deprived of protection provided by provisions of the law that cannot be derogated from by agreement and that would otherwise apply in the absence of the choice of law under Article 6 paragraph 1 of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

If any provision of these Terms is invalid or ineffective, or becomes so, 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 does not affect the validity of the remaining provisions.

The Purchase Agreement, including these Terms, is archived by the Seller in electronic form and is not accessible.

A sample form for withdrawing from the Purchase Agreement is attached to these Terms.

Contact details of the Seller:
Registered address: Petrovice 163, 403 37 Petrovice
Email: matous@goodhopewines.eu
Phone: +420 725 516 759

Issued in Petrovice on September 1, 2024.