These general terms and conditions apply to purchases made in the online shop www.palerma.cz (hereinafter referred to as "e-shop"), where on one side is the company PALERMA CENTRAL EUROPE s.r.o., ID No. 10826700,
with registered office at Havelská 500/25, Prague 1 - Staré Město, registered at the Municipal Court in Prague, file mark
C 348967, as the operator of the e-shop (hereinafter referred to as "seller") and on the other side there is the buyer, who may act in the position of a consumer or entrepreneur (hereinafter referred to as "customer" or "buyer"). These General Terms and Conditions further define and specify the rights and obligations of the Seller and the Buyer (hereinafter referred to as "GTC").
Everyone who visits the e-shop is a customer of this website and is obliged to comply with applicable laws and regulations, to act in accordance with good morals and these GTC, and not to damage the reputation and rights of the Seller. Only natural persons over 18 years of age are entitled to visit the e-shop and open its presentation. The customer shall always confirm that he/she is over 18 years of age before opening the e-shop presentation by clicking on the "enter" box, which is always displayed before opening the e-shop presentation with a warning about the requirement to be over 18 years of age and a link to these GTC.
The Seller hereby declares and acknowledges that visiting the e-shop, ordering and selling alcoholic beverages (hereinafter referred to as "goods") to individuals under 18 years of age is prohibited.
Consumer is any person who, outside the scope of his business activity or outside the scope of his independent exercise of his profession, enters into a contract with a business or otherwise deals with a business.
The procedure leading to the conclusion of a purchase contract, the purchase contract concluded between the seller and the buyer-consumer, as well as other obligations, are governed in particular by the provisions of Sections 1810 et seq. and 2079 et seq. of Act No. 89/2012 Coll, Civil Code (hereinafter referred to as the "COA") and Act No. 634/1992 Coll., on Consumer Protection, as amended (hereinafter referred to as the "Consumer Protection Act"), as well as other related legislation and these GTC.
An entrepreneur is a person who independently carries out, on his own account and responsibility, a gainful activity in a trade or similar manner with the intention of doing so consistently for profit. Any person who concludes contracts in connection with his own business, manufacturing or similar activity or in the independent exercise of his profession, or who acts in the name or on behalf of an entrepreneur, shall also be regarded as an entrepreneur. An entrepreneur is a person registered in the commercial register and/or a person who has a trade licence or other authorisation under another law to carry on business.
The procedure leading to the conclusion of the purchase contract, the purchase contract concluded between the seller and the buyer-entrepreneur, as well as other obligations not expressly regulated by these GTC are governed in particular by the provisions of § 2079 et seq. of the CC. In the event of any differences between the GTC and the purchase contract, the provisions of the purchase contract shall prevail.
The conclusion of the purchase contract does not occur when the customer sends the order to the seller. The purchase contract shall be formed at the moment of confirmation of the customer's order by the seller (the presentation of the goods placed in the seller's e-shop is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods - the provisions of § 1732 paragraph 2 of the Civil Code do not apply). From this moment on, mutual rights and obligations arise between the customer and the seller, which are defined in the purchase contract and the GTC, which are an integral part of the purchase contract. The conclusion of a purchase contract without negotiation of all its details as stipulated in the CC is excluded in accordance with the provisions of Section 1726 CC. Furthermore, the Seller excludes the acceptance of an offer with an amendment or deviation in accordance with Section 1740(3) CC.
By submitting (placing) an order in the e-shop, the Customer confirms that he/she has read these GTC and that he/she agrees to them, in the version valid and effective at the time of submitting the order. Confirmation of the customer's order by the Seller will include, among other things, a web link to the current (valid and effective) version of the GTC placed in the e-shop presentation, including a warning that the goods will not be delivered to an individual who turns out to be under 18 years of age and the Seller will withdraw from the purchase contract.
The prices of goods listed on the e-shop presentation are inclusive of VAT, unless otherwise expressly stated for specific goods. All goods are supplied with a tax receipt and delivery note. The goods remain the property of the seller until full payment of the purchase price. In the event of (full or partial) cancellation of the order by the Seller (e.g. the ordered goods are sold out), the amount paid or the relevant part thereof shall be sent back immediately to the customer's account number from which it was transferred to the Seller's account, unless otherwise agreed.
Any changes, whether to the range of goods or their prices indicated in the presentation of the e-shop are subject to change. The range of goods listed in the e-shop presentation (including specials, sales, etc.) is valid until stocks are exhausted or the seller is unable to perform.
In the case of special order goods or goods that are not in the seller's stock, the seller will confirm to the buyer in advance (by email notification) the price and approximate delivery date of the goods. If the final price is the same or lower than the written or e-mail order, it is not confirmed back to the buyer and the goods are delivered to him at the agreed price according to the validly concluded purchase contract. If the price is changed, the customer shall confirm that he acknowledges and agrees to the change in the same manner as he was notified of the change.
The buyer may use the following methods to pay the price of the goods:
| Method of payment of the purchase price: | Price for the method of payment of the purchase price: |
|---|---|
|
When collecting goods in person |
|
|
Online payment card (ComGate) |
Free |
|
|
|
|
When using zasilkovna.cz - personal collection |
|
|
Online payment card (ComGate) |
Free |
At the Buyer's option, the Seller shall deliver the Goods to the place and in the manner specified by the Buyer in the Order. The Buyer shall take delivery of the Goods so delivered, failing which the Goods shall be stored and re-shipped at the Buyer's expense by arrangement. The Seller shall deliver the ordered goods according to size and weight by means of contractual transport services (hereinafter referred to as "the transport service provider").
Deliveries will be made promptly, usually within 2-10 business days, depending on the availability of the goods and the Seller's operational capabilities. In exceptional cases, or if the goods are not in stock, the delivery time may be longer, of which the Buyer will be notified by the Seller without delay after becoming aware of this fact. The place of delivery is determined on the basis of the Buyer's order. The delivery of the goods shall be deemed to be fulfilled when the goods are delivered to the address indicated (according to the choice of the method of delivery of the goods).
The consignment of goods normally contains a tax document (invoice). Receipt (Act No. 112/2016 Coll, on sales registration) is attached to the shipment of goods or is sent to the buyer electronically to the email specified by the buyer in the order. The buyer expressly agrees that the choice of the method of issuing the receipt is made by the seller, as well as the possible electronic form of the receipt.
When taking delivery of the goods (either in person or from a shipping service provider), always check the integrity of the shipping packaging carefully. If the packaging is damaged, please indicate this information in the handover report of the transport service provider.
The Seller shall transport the goods via transport service operators throughout the Czech Republic. The prices for transport (below) are inclusive of VAT. We differentiate the cost of transporting the goods according to the chosen method.
In order to limit the availability of alcoholic beverages to persons under the age of 18, the packaging (package) of the delivered goods will indicate that the package contains alcoholic beverages, including a warning that only a natural person who has reached the age of 18 is entitled to receive the package. The competent employee of the transport service provider will hand over the package to the buyer only if the buyer proves that he/she has reached the age of 18 years by presenting his/her ID card or other identity document, with the number of the relevant identity document being copied. Otherwise, the package containing the goods will not be handed over to the buyer and the seller will have the right to withdraw from the contract.
The buyer may use the following methods for the transport (delivery) of the goods:
| Method of transport (delivery) of goods in the Czech Republic: | Price for transport (delivery) of goods: |
|---|---|
|
Personal collection of goods |
free |
|
Transport company (Prague) |
160,- CZK |
|
zasilkovna.cz - 6-12pcs |
60,- CZK |
|
Delivery |
20,- CZK |
|
zasilkovna.cz - 13-24pcs |
150,- CZK |
|
Delivery |
20,- CZK |
In accordance with Section 1829 of the Civil Code, the buyer-consumer has the right to withdraw from the purchase contract without giving reasons within 14 days of receipt of the goods, or from receipt of the last delivery of goods if the purchase contains several types of goods. If the buyer-consumer chooses to withdraw within this period and complies with the conditions below, the purchase price and the cost of the cheapest offered method of transport (delivery) of the goods from the seller to the buyer-consumer will be refunded. In accordance with § 1820 (1) (g) and § 1832 (3) CC, the buyer-consumer bears the costs of returning the goods in the event of withdrawal from the purchase contract pursuant to § 1829 et seq. This right does not serve as a way of resolving a complaint against the goods.
Terms and Conditions:
- No later than on the 14th day after receipt of the goods, the buyer-consumer's expression of intent to withdraw from the purchase contract must be sent to the seller;
- Withdrawal form for withdrawal from the contract of purchase can be downloaded here
- The buyer-consumer sends this form by email to palerma@palerma.cz and then attaches the completed form to the goods to be returned to the seller;
- The Buyer-Consumer shall deliver the goods back to the Seller at his/her own expense to the address of PALERMA POINT, Havelská 500/25, 110 00 Prague 1, no later than within 5 days of withdrawal from the purchase contract;
- The goods to be sent by the buyer-consumer following the withdrawal from the purchase contract will not bear any signs of use, will not be damaged, incomplete (e.g. without accessories, warranty card, instructions, etc.) and will be returned with a copy of the proof of purchase (the seller recommends insuring the goods against damage);
- If the value of the goods has been reduced (the goods are incomplete or damaged), the buyer is obliged to compensate the missing value in money.
If the above conditions are met, the buyer-consumer will be refunded the price paid by him for the goods and the cost of the cheapest offered method of transport (delivery) of the goods, in the same way as received, or as agreed by bank transfer or bank transfer to the account of the buyer-consumer, within 14 days of withdrawal from the purchase contract. However, the Seller shall not be obliged to refund the price of the goods and the cost of the cheapest offered method of transport (delivery) of the goods to the Buyer-Consumer before the Buyer-Consumer hands over (delivers) the goods to the Seller or proves that he has sent the goods to the Seller;
The Seller shall be entitled to withdraw from the contract of sale concluded with the Buyer in the event of an obvious error in the price of the goods (i.e. a price obviously different from the usual price for that type/type of goods), unless the goods in question clearly state that it is an "extraordinary discount" or "promotion" or other indication of similar meaning. An obvious error in the price of the goods is considered to be, for example, a mistaken inclusion of the first (last) three digits instead of four, an obviously low price of the goods (e.g. 70% lower than the usual price for this type of goods) and other obvious clerical errors. In the event that this situation arises, the Seller will immediately contact the Buyer to agree on further action. If the buyer has already paid part or all of the purchase price, this amount will be transferred back to the buyer's account as soon as possible.
The Seller shall be entitled to withdraw from the purchase contract concluded with the Buyer in the event that it turns out that the Buyer is under 18 years of age (or fails to prove his/her age in the manner specified above, e.g. by means of an ID card) when handing over the package containing the goods, thereby violating the terms and conditions set out in these GTC and the provisions of the purchase contract.
Buyer shall read the instructions for use of the goods and any warranty conditions thoroughly before using the goods for the first time and then follow this information strictly. The period for exercising the seller's rights under the seller's liability for defects begins upon receipt of the goods by the buyer.
In accordance with § 2104 of the Civil Code, the buyer is obliged to inspect the goods as soon as possible after receipt and to ascertain their characteristics and quantity. If the buyer is not a consumer and damage is detected, a record of the damage shall be made and the seller shall provide a reasonable discount or deliver new goods. Later claims for mechanical damage to the goods can no longer be accepted.
In the case of the sale of consumer goods, there is a period of 24 months for the exercise of rights under defective performance. The seller's liability for defects does not extend to normal wear and tear of the goods (or parts thereof) caused by use.
The buyer-consumer has the following rights when exercising his rights under the liability for defective performance:
- the right to have the goods repaired free of charge, if such repair is possible;
- the right to the delivery of new goods or the replacement of a part of the goods, whereby this right may be exercised if the delivery of new goods or a part of the goods is a reasonable solution to the claim in view of the nature of the defect. Reasonableness for these purposes is assessed, for example, by the fact that the defect cannot be remedied by repair or that such repair appears to be uneconomical in terms of cost or time. The consumer also has the right to have new goods delivered or parts replaced if the defect is remediable but the goods cannot be used properly because of the recurrence of the defect (after repair - i.e. if the same defect with the same manifestations occurs a total of 3 times and such defect has been repaired at least twice) or because of a large number of defects;
- the right to withdraw from the purchase contract can be exercised if the goods cannot be repaired and the delivery of new goods or the replacement of their parts is not possible (if the conditions of this right are met). Furthermore, this right may be exercised if the goods have a large number of defects or cannot be used properly after repair due to the recurrence of the defect
For buyers who are not consumers, the rights arising from the quality guarantee pursuant to § 2113 et seq. of the Civil Code shall apply.
The claim shall be settled without undue delay, at the latest within 30 calendar days from the date of the claim, unless the seller and the buyer agree otherwise in writing. After the expiration of this period, the buyer-consumer has the same rights as if it were a material breach of the purchase contract. The Seller shall issue the Buyer-Consumer with a written confirmation of the date on which the Buyer-Consumer made the claim, what its content is and the manner in which the claim is to be settled. Furthermore, the Seller shall issue the Buyer-Consumer with a confirmation of the date and method of settlement of the complaint, including confirmation of the repair and the duration of the repair. In the case of a rejected claim, the Seller shall provide the Buyer-Consumer with a written justification for the rejection.
Rights under liability for defects shall be exercised with the seller from whom the item was purchased. If, however, the warranty certificate specifies a different repair contractor who is located at the seller's place or at a place closer to the buyer, the buyer shall exercise the right to repair at the contractor designated to carry out the warranty repair.
In the event of a defect in the item, the Buyer may send to the Seller's claims department: palerma@palerma.cz. For more detailed information, the buyer can contact the seller's customer service center directly. The buyer is obliged to notify the seller of the defect of the goods without undue delay after it becomes apparent.
The Buyer is entitled to reimbursement of the necessary costs incurred in connection with the exercise of the rights under the liability for defects. In the event of withdrawal from the contract due to a defect in the goods, the buyer-consumer shall also be entitled to reimbursement of the costs necessarily incurred for such withdrawal.
Reclamation of goods in the case of a buyer-consumer is governed by the relevant provisions of the Civil Code and the Consumer Protection Act.
The Seller, in accordance with Section 14 of Act No. 634/1992 Coll. on Consumer Protection, informs consumers about the possibility of resolving disputes arising from contracts concluded with the Seller through the out-of-court consumer dispute resolution entity, which is the Czech Trade Inspection (www.coi.cz), with its registered office at Štěpánská 567/15, Prague 2, Postal Code 120 00.
When registering a customer on the e-shop, the customer is obliged to provide accurate and truthful information required when purchasing goods. If the customer's details change, he/she is obliged to notify such a change without delay, either via the Seller's customer service line or directly in the customer account management in the e-shop.
During the registration process, the customer is asked to create an access password for his/her customer account. The customer is obliged to keep this password secret and not to share it with other persons. The customer is fully responsible for all actions taken from his/her account. The Customer is obliged to inform the Seller without undue delay if it suspects any misuse or disclosure of its password to a third party. In the event of reasonable concern that the customer's account is being or may be misused, the Seller shall be entitled to block the customer's account or ask the customer to change his password. The Seller shall not be liable to the Customer for damages (harm) incurred as a result of the disclosure or misuse of the Customer's access password.
The Seller shall be entitled to immediately suspend or cancel the Customer's registration if it can reasonably believe that the Customer is in breach of these GTC. Suspension or cancellation of registration shall not affect those provisions of the GTC which, by their nature, shall survive.
Buyer information is stored in accordance with the valid and effective laws of the Czech Republic, in particular the Personal Data Protection Act No. 101/2000 Coll., as amended (hereinafter referred to as "ZOOU"). The Seller is a registered administrator of personal data, all data obtained from customers is used exclusively for the internal use of the Seller and is not provided to third parties. Exceptions are the operators of transport services, to whom the personal data of buyers are transferred to the extent necessary for the delivery of goods to the buyer. Without the express consent of the buyers, the seller handles their personal data only and exclusively to the extent permitted by the ZOOU, in particular in Section 5(2)(b) and Section 5(6).
All materials published on the Seller's e-shop presentation are protected by Act No. 121/2000 Coll., on Copyright, Rights Related to Copyright and on Amendments to Certain Acts, as amended, and other legislation of the Czech Republic. The goods listed in the e-shop presentation, information about the goods and their images may be protected by other rights of the persons concerned. The names and designations of goods, trade names and company names may be registered trademarks of their respective owners.
The Buyer expressly consents to the Seller collecting and processing his/her personal data for the purpose of fulfilling the Purchase Contract (delivery of the goods) and using it for the Seller's marketing purposes (in particular for sending commercial communications), until the Seller receives the Buyer's written statement of disagreement with such processing. In this case, electronic form, in particular via email, is also considered to be a written statement. The buyer has the right to access and correct his personal data.
The Seller is entitled to change the GTC at any time. The new terms and conditions are effective on the date of their publication on the e-shop presentation.
These GTC are valid and effective from 1 June 2021.
