General Terms & Conditions
I. General, Customers, Language
- All offers, sales contracts, deliveries and services made on the basis of your orders through our online shop http://eshop.czechminibreweries.com shall be governed by these general terms and conditions of sale of the CZECH BREWERY SYSTEM s.r.o., Kolofíkovo nábřeží 1080/30, 747 05 Opava, Czech Republic, info(at)czechbrewerysystem.com, VAT-ID No. CZ05783011, represented by three co-owners Ales Jakimov, Pavel Hapl, Jan Vacha in the version in effect at the time when the order was sent by the customer. Differing conditions on part of the customer shall not apply unless we have explicitly agreed to their validity.
- Our sales staff are not authorized to conclude any oral agreements which are not consistent with the order form, individual purchase contract or these general terms and conditions.
- The product offers in our online shop are addressed exclusively to consumers. For the purposes of these general terms and conditions, a consumer is any individual entering into the contract for a purpose not predominantly related to his or her business, trade or self-employed professional activity.
- The contracts with our customers shall be concluded exclusively in the English or Czech language.
II. Conclusion of Contract
- Our offers in the onlineshop on the domain http://eshop.czechminibreweries.com are non-binding.
- By placing an order through our online shop you make a binding offer for the purchase of the relevant product.
- Time and date when a contract between you and us shall be concluded depends upon the method of payment chosen by you. Further information on this can be found on our page Informations for customers.
- You as customer shall be entitled to revoke the offer and return the product in according to the Customer’s Right of Withdrawal as made available to you during the ordering process (Informations for customers).
III. Prices, Shipping Costs and Conditions of Payment
- Our prices on the onlineshop do not include statutory VAT,nor shipping costs. The reason of this is that the most of incomming orders is made from countries where VAT is not added to basic price of products in accordation with valid laws of European union.
- Delivery shall only be made against payment by one of the methods offered by us.
- The purchasing price shall be due immediately upon ordering.
IV. Retention ownership of the goods
- We shall retain ownership of the goods until payment has been made in full. If you are in delay with a payment for longer than 10 days, we are entitled to withdraw from the contract.
V. Terms of Delivery
- Delivery of goods shall be subject to the agreements made with customer. Accruing shipping costs will be calculated automaticaly after adding goods into bin or they will by calculated individually by our sales staff.
- Should delivery of the goods not be made or not be made according to contract, you must set us an additional time period for the performance of the service. Otherwise you are not entitled to withdraw from the contract.
- We are entitled to make partial deliveries of products encompassed by a single order and usable separately, in accordation with the agreement between us and customer.
VI. Right of Withdrawal, Costs of Returning Goods
- If you are a consumer in accordation with Europan laws then you have a right of withdrawal.
- In case of Withdrawal the costs for returning goods will be paid by customer.
- In the event of a defect on the delivered product, you shall be entitled, within the framework of legal provisions, to demand warranty repair of the product, to withdraw from the contract or to reduction of the price.
- For new products, the limitation period for warranty claims is two years starting with delivery of the product to customer.
VIII. Limitation of Liability
- We shall not be liable (on whatever legal grounds) for any damage not to be expected from normal use of the product. The limitation of liability given above shall not apply in case of deliberate intention or gross negligence.
- Furthermore, we shall be liable for negligent breach of duties, the discharge of which is necessary for the proper fulfillment of the contract in the first place, the breach of which endangers the attainment of the purpose of the contract, and the observance of which you as customer can usually rely upon. In the latter case, however, we shall only be liable for foreseeable damage typical for the contract. We shall not be liable for negligent breach of duties other than those given in the preceding sentences.
- The limitations of paragraphs 1 and 2 shall also apply in favour of our legal representatives and agents in case of claims brought to bear directly against them.
- The limitations of this clause 8. do not apply to our liability for guaranteed characteristics and for personal injury.
- Data communication via internet cannot, at the current state of the art, be guaranteed to be free of error and/or available at all times. Insofar, we shall not accept liability for continuous and uninterrupted availability of our online trading system.
IX. Data Protection
- Regarding the conditions for the acquisition, processing and storage of your personal data we refer you to our separately given Personal Data Protection Policy .
X. Online Dispute Resolution Platform
- Consumers have the opportunity to resolve disputes arising from the contractual relationship with the trader out of court via the Online Dispute Resolution Platform of the EU Commission, which is available at http://ec.europa.eu/consumers/odr.
- The use of this Online Dispute Resolution Platform is not mandatory; it is merely a voluntary alternative to resolving disputes before a court.
- You are still at liberty to settle your legal claims through the courts without using the Online Dispute Resolution Platform of the EU Commission.
XI. Dispute resolution proceedings before a consumer arbitration board
- We expressly point out that we are neither willing nor committed to participate in dispute resolution proceedings before a consumer arbitration board.