Terms and conditions

Terms and conditions

1. Introduction

1.11.1 In accordance with the provisions of § 273 of the Act. no. 513/1991 Coll. (Commercial Code.), Californian Wines a.s. issue the following terms and conditions, which make up an integral part of the purchase contract between:

hereinafter referred to as "Seller"

on the one hand and

hereinafter referred to as "Buyer" on the other.

1.2 By ordering goods online via the Internet network, the buyer as well as the seller pronounce their commitment to abide by these general terms and conditions as if these conditions were printed and signed as a contract. Terms and conditions are binding in their current version and are publicly available on the website of the seller www.kalifornskavina.cz.

2. Subject of the contract

2.1 The subject of this contract is the sale of goods referred to by the buyer in his order.

2.2 Data on goods listed on the website, in catalogues, brochures and other printed materials of the seller (eg. size, material, complements, ingredients, etc.) are of solely informative character and therefore delivered goods may show slight deviations (not a defect in the goods ).

2.3 The ordered goods will be delivered to the buyer in quality and design, which is suitable for the purpose for which such goods are intended and in accordance with the specifications or features usual for the type of goods meeting the relevant standards, rules and regulations applicable in the Czech Republic.

3. Ordering

3.1 The goods are ordered by the buyer through the seller´s online store (e-shop)

3.2 Each order of goods sent by the buyer through the online store to the seller is binding for the buyer and is considered a draft contract.

3.3 The purchase contract is concluded upon acceptance of the order by the seller. The seller shall notify the purchaser that he accepts the order immediately after its placing, but no later than three days done so through electronic mail or in any other unambiguous manner. Acceptance of the order by the seller after this period is considered a new offer of the seller and an additional acceptance is therefore required from the buyer.

3.4 Depending on the nature of the order (ie. the amount of goods, prices, transport costs, distance, etc.), the seller is entitled to ask the buyer to authorize the order in a suitable manner (eg. in writing or by telephone) or ask the buyer to pay the purchase price or its part in advance. In this case, no purchase contract can be concluded earlier than upon proper and timely fulfillment of the conditions required by the seller.

3.5 The buyer confrims in every meaning of law, that he/she reached the age of 18 years at latest at the day of the order. The buyer also confrms, that he/she can be asked for a proof of being adult by ID card or passport by the seller or by the delivery company. .

4. Purchase price and payment terms

4.1 The buyer is obliged to pay the purchase price for the goods applicable at the time of delivery of the ordered goods to the seller. Any subsequent change in the purchase price does not affect the obligation of the buyer to pay the originally agreed purchase price, as well as the obligation of the seller to deliver the goods at the originally agreed price.

4.2 The Buyer shall pay the Seller the purchase price including VAT at the rate applicable for the instant of conclusion of the purchase contract.

4.3 The Buyer shall pay to the Seller the shipping and packing charges. The shipping and packing charges are specified in the order of goods depending on the type of goods and means of transport.

4.4 The Buyer shall pay the purchase price in cash to the representative of the shipping company(ie. Cash on delivery) or account the purchase price to the account of the seller. The identification of the payment methodis an integral part of the order.

5. Delivery conditions, delivery period

5.1 The Seller shall arrange delivery of the goods to the buyer the way specified in the order of goods.

5.2 The place of delivery is regarded the address specified by the buyer in order of goods.

5.3 Delivery time is dependent on the type and quantity of goods ordered and it will be specified to the seller in the order confirmation. Any information on delivery times are of indicative manner only and are not binding for the Seller.

6. Liability of the seller for defective goods

6.1 The buyer is obliged to accept the goods from the shipper or the seller properly confirm this fact on the delivery note and transport document, or if necessary, on another document. By signing the delivery note, the Buyer confirms that the shipment was delivered without any apparent defects and any later claims about deffective packaging will not be accepted.

6.2 Upon payment of the price listed on the invoice, the ownership to the goods passes from the seller to the buyer.

6.3 The Seller is responsible for defects which appear as a contradiction with the contract after take over of the goods within the warranty time period, which is 24 months. The warranty period shall start upon acceptance of the goods.

6.4 The warranty covers all manufacturing defects or other defects not caused by improper or careless handling, use of the product contrary to its purpose or the instruction manual, mechanical damage or wear or natural disasters (eg. lightning or other atmospheric discharge, fire or water or by other non-standard phenomena such as e.g. network overvoltage, etc.).

6.5 Rights liability for defects expire, unless claimed within the warranty period.

6.6 Claims from liability for defects of the delivered goods is governed by the applicable laws and regulations.

7. Contract withdrawal

7.1 The customer is entitled to withdraw from the contract within 14 days of acceptance of goods except for cases as specified in § 53 art. 8 of the Civil Code.

7.2 Contract withdrawal must be delivered in writing to the address of the registered office of the Seller, along with purchased goods. Immediately afterwards the Seller (if all the statutory conditions of withdrawal are fullfilled) is obliged to refund the purchase price the buyer.

8. Personal Data Protection

8.1 The Buyer declares that all information provided to the seller for the purpose of supply of goods are true and correspond to reality, and is aware of any potential consequences arising from the falsity of this statement.

8.2 The Seller declares that all personal information provided to him by the buyer are confidential and will be used only for internal purposes and will not be revealed to any third party, or otherwise abused. Personal information is collected for commercial, logistical, statistical and marketing purposes. When dealing with personal data, the seller is obliged to comply with the Act No. 101/2000 Coll., on Personal Data Protection and its later amendments.

8.3 By ordering goods, the Buyer authomatically agrees to the collection and retention of personal data concerning himself, and purchases and their subsequent processing for the needs of the seller.

8.4 The Buyer is entitled to request at any time the deletion of their personal data from the database and the seller is obliged to comply with the request without delay.

8.5 By registration in e-shop, the Buyer (and potential buyers) gives consent for an occasional newsletter e-mail. In the event that a registered person does not wish to receive these e-mails, the seller is obliged to delete his e-mail contact from the database uppon request.

9. Final arrangements

9.1 In accordance with the provisions of §262, paragraph 1 of the Commercial Code, the parties agree that their contractual relationship and disputes arising therefrom shall be governed by the Commercial Code.

9.2 Any situation not mentioned in these general terms and conditions as well as the legal relations arising from the purchase agreement between the seller and buyer are governed by the Law no. 40/1964. (Civil Code), as amended.

9.3 These terms and conditions fully replace all previous general terms and conditions related to the services of the seller.

9.4 In the event that any part of general terms and conditions is found to be illegal or invalid, this shall not affect the validity or enforceability of the remaining provisions of the General Conditions.

9.5 These terms and conditions shall come into effect on 31 January 2012.