GTC at www.absinthe-dealer.eu
General terms and conditions
of Carrier-X Bohemia s.r.o., with registered office at Petrovická 272, CZ 344 01 Domažlice / Taus, Id. No.: 26333414, VAT No.: CZ26333414, registered in the Commercial Register at the Regional Court in Plzen (Pilsen), section C, insertion sheet No. 13689, for the sale of goods through online store at website www.absinthe-dealer.eu.
1. introductory provisions
The operator of the online store under the website www.absinthe-dealer.eu is the company Carrier-X Bohemia s.r.o., with its registered office in Petrovická 272, CZ 344 01 Domažlice / Taus, Id. No.: 26333414, VAT No.: CZ26333414, registered in the Commercial Register at the Regional Court in Plzen (Pilsen), section C, insertion sheet No. 13689 (hereinafter referred to as "Seller").
Seller's contact details:
- Postal address for all customers: Carrier-X Bohemia s.r.o., with registered office at Petrovická 272, CZ 344 01 Domažlice;
- Phone number: (00 420) 724 313 100 / German mobile number: 0049-157-58372929
- E-mail: email@example.com
These General Terms and Conditions of the Seller (hereinafter referred to as "Terms and Conditions") are concluded in accordance with the provisions d. §§ 1751 et seq. of Act No. 89/2012 Coll, Civil Code, in the wording of the later regulations (hereinafter "NOZ" - Nový občanský zákoník) and they further determine and specify the rights and obligations of the contracting parties arising at the conclusion of the purchase contracts between the Seller and another natural or legal person (hereinafter "Buyer") through the Seller's online store at the website www.absinthe-dealer.eu (hereinafter "Online Shop") and they form an inseparable part of each purchase contract (for the delivery of goods). The Purchase Contract and the Terms and Conditions have been prepared in the Czech language. The Purchase Contract may be concluded in the German language.
By realization of the order the Buyer accepts the present Terms and Conditions. The relations between the Buyer and the Seller shall be governed by the valid wording of the Terms and Conditions, which shall be binding for both parties, unless expressly agreed otherwise in the Contract.
The Seller is entitled to sell goods on the basis of his trade license. The trade control is carried out by the competent Trade Licensing Office within the scope of its powers. Supervision in the field of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspectorate shall, to the extent determined, carry out, among other things, supervision of compliance with Act No. 634/1992 Coll., Consumer Protection Act, in the wording of subsequent regulations.
The Seller hereby informs the Buyer, who is a consumer, that the subject of extraordinary resolution of consumer disputes is the Czech Trade Inspectorate with its registered office in Štěpánská 567/15, CZ 120 00 Prague 2, www.coi.cz.
The Seller may change or amend the wording of the Terms and Conditions. The rights and obligations that arose during the term of the previous wording of the Terms and Conditions shall not be affected by this provision.
2. subject of the purchase contract
The online store contains the list of goods offered for sale by the Seller, including the listing of the prices of the individual goods offered. The prices of the offered goods are listed including VAT and all related fees. The offer of goods for sale and the prices of these goods remain effective as long as they are displayed in the online store. The possibility of the Seller to conclude the purchase contract under individually agreed conditions shall remain unaffected by this provision. All offers of the goods for sale included in the online store shall remain non-binding and the Seller shall not be obliged to conclude a purchase agreement with respect to such goods.
The Online Shop also contains information about costs associated with the packaging and delivery of the Goods (hereinafter only "Shipping Costs").
The Buyer acknowledges and agrees that the images (pictures) of the goods are only illustrative and may not correspond to reality.
3. order of goods, conclusion of contract
A condition of the validity of the electronic order is the filling in of all data and requirements prescribed by the form. The purchase contract is concluded at the moment of sending the order. Before sending the order, the Seller shall enable the Buyer to check and change the data provided by the Buyer in the order, also with regard to the Buyer's ability to detect and correct any errors made when entering the data in the order. The Buyer sends the order to the Seller by clicking the "BUY" button. The data entered in the order are considered correct by the Seller. Immediately after receiving the order, the Seller shall confirm its receipt to the Buyer by electronic mail to the Buyer's electronic mail address specified in the order (the Buyer shall receive the order confirmation and later the invoice by e-mail in PDF format).
Depending on the nature of the subject of the order (quantity of goods, price, shipping costs, distance, etc.), the Seller is entitled to ask the Buyer to authorize the order in an appropriate manner, e.g. by telephone or in writing. If the Buyer refuses to authorize the order in the requested way, the order shall be considered invalid.
The Buyer agrees to the use of remote means of communication when concluding the purchase contract. The costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the Purchase Contract (costs of Internet connection, costs of telephone calls, etc.) shall be borne by the Buyer.
4. price and payment of the order
The prices listed in the online store are valid at the time of the order. According to the stated conditions, the price may be increased by the shipping costs. The prices refer to the described products. The prices are in Euro and include the VAT.
The Buyer may pay the price of the goods and any costs associated with the delivery to the Seller in the following ways - we offer four (4) options:
(a) advance payment / bank transfer to our bank account;
b) Sofortüberweisung.de (via Unzer);
c) by credit card (Visacard, Visacard per Unzer);
d) by cash on delivery upon receipt of the goods.
The goods remain our property until full payment. We will send the goods to the address given by you after we have received the payment on our bank account.
The invoice issued on the basis of the purchase contract between the seller and the buyer is also a tax document. In principle, the Buyer can take over the goods only after their full payment, unless otherwise agreed.
Shipping costs are added to the price of the goods, which the Buyer undertakes to pay together with the price of the goods. In case of personal collection no shipping costs will be charged.
5. transport conditions, shipping costs
Purchases are made in the Czech Republic and the delivery conditions of the country of origin (Czech Republic) apply. For German customers, a delivery service from Germany is contracted and it delivers within Germany without minimum order value to the address specified by the customer via DHL, deliveries to other countries are also made via DHL (Deutsche Post).
The detailed shipping costs and package delivery times can be found here: Delivery and shipping costs
The method of delivery of the goods is determined by the seller, unless otherwise specified in the purchase contract. If the mode of transport has been agreed on the basis of the Buyer's request, the Buyer shall bear the risk and any subsequent costs associated with this mode of transport.
Here you can find the overview of possible methods of delivery of shipments and their price. In case of ordering a larger quantity of items, the Seller reserves the right to divide the items into several packages. Only in the case of the first package the buyer will be charged shipping costs, for all other - further packages we will not charge shipping costs.
In case of choosing personal collection, the Buyer is obliged to wait for sending the confirming e-mail that the goods are ready for collection, otherwise it may happen that the goods are not ready for collection.
If the Seller is obliged under the Purchase Agreement to deliver the Goods to a place specified by the Buyer in the Order, the Buyer is obliged to take delivery of the Goods upon delivery.
Upon taking over the goods from the carrier, the buyer is obliged to check the number of packages, the integrity of the packaging and in case of any defects to report them to the carrier. In case of detecting any damage to the packaging, which indicates unauthorized breaking into the consignment, the Buyer is not obliged to take over the consignment from the carrier. By signing the delivery bill, the Buyer confirms that the consignment has fulfilled all conditions and requirements and that any subsequent complaint concerning the damage to the packaging of the consignment cannot be taken into account.
6. delivery time
Here you can see the delivery time in working days for your country.
7. liability for defects, warranty, customer service
Rights and obligations of the contracting parties concerning the Seller's liability for defects, including the Seller's warranty liability, shall be governed by the respective generally binding regulations (in particular by the provisions of §§ 2158 ff. NOZ) or by the provisions of §§ 2099 ff. NOZ in the case of the Buyer who is a sole trader and who has indicated this fact in the order of goods (e.g. by indicating in the order his Id. No. and/or VAT No. in the order); and also under Act No. 634/1992 Coll., Consumer Protection Act - Zákon o ochraně spotřebitele).
The Seller shall be liable to the Buyer for ensuring that the goods are not defective at the time of acceptance. The Seller shall be liable to the Buyer in particular for the fact that at the time when the Buyer took over the goods,
I. the goods have the characteristics agreed upon by the parties, and in the absence of such agreement, such characteristics described by the Seller or the manufacturer or expected by the Buyer in view of the nature of the goods and on the basis of the advertising conducted with them,
II. the goods are suitable for the purpose indicated by the Seller for their application or for which the goods of such nature are usually used,
III. the goods are available in appropriate quantity, measure or weight,
IV. the goods meet the requirements of the legislation.
If the goods do not have the characteristics specified in item 7.2. of these Terms and Conditions, the Buyer may also demand delivery of new goods without defects, if this is not unreasonable in view of the nature of the defect, but if the defect concerns only a part of the goods, the Buyer may only demand replacement of that part; if this is not possible, the Buyer may withdraw from the contract. However, if it is unreasonable with regard to the nature of the defect, especially if it is possible to remedy the defect immediately, the Buyer shall have the right to remedy the defect free of charge. The Buyer shall also have the right to delivery of the new goods or replacement of the component in case of remediable damage, if the Buyer cannot use the goods properly due to the repeated occurrence of this defect after the repair or due to a larger number of defects. In such a case, the Buyer has the right to withdraw from the contract. If the Buyer does not withdraw from the contract or if he does not exercise the right to delivery of the new defect-free goods or replacement of its component or repair of the goods, he may demand a reasonable discount. The Buyer shall also be entitled to a reasonable discount if the Seller fails to deliver to it goods free of defects, to replace its component or to repair the goods, as well as if the Seller fails to provide a remedy within a reasonable period of time or if the provision of the remedy would cause considerable difficulties to the Buyer.
If the goods are not perishable or used, the Seller shall be liable for defects that appear after taking over the goods during the warranty period.
The Buyer shall not be entitled to the right from defective performance if the Buyer knew before taking over the item that the item was defective or if the Buyer caused the defect himself.
The Buyer shall be entitled to assert the right arising from the defect occurring in the goods within a period of twenty-four (24) months from the date of acceptance. If the period during which the goods may be used is indicated on the sold goods, on their packaging, in the instructions attached to the goods or in advertising in accordance with other legal regulations, the provisions on quality warranty shall be applied (by quality warranty the Seller undertakes that the goods will be suitable for use for the usual purpose for a certain period of time or that they will retain the usual properties; this effect shall also be given by indicating a warranty period or shelf life of the goods on the packaging or in advertising). The Buyer shall be entitled to compensation for the costs reasonably incurred in asserting the right under this paragraph.
In the case of a Buyer who is a sole trader and has indicated this fact when ordering the goods (e.g. by indicating in the order its Id. No. and/or VAT No.), the provisions of 7.2. to 7.6. of these Terms and Conditions shall not apply and the Seller's liability for defects, including the Seller's warranty obligation, shall be governed by the generally binding provisions in this respect, in particular by the provisions of §§ 2099 et seqq. of the Austrian Civil Code. NOZ.
In the event of delivery of a new item, the Buyer shall return the originally delivered item to the Seller at the Seller's expense.
The warranty period shall run from the date of delivery of the goods to the Buyer; if the goods were shipped in accordance with the purchase agreement, it shall run from the date of delivery of the goods to the place specified in the order.
If the Buyer has found any defects in the goods, he/she shall notify the Seller of these facts in writing (by letter to Carrier-X Bohemia s.r.o., Petrovická 272, CZ 344 01 Domažlice or by e-mail to: firstname.lastname@example.org).
The Seller recommends the following procedure to the Buyer: The Buyer shall enclose the completed informal complaint form or the withdrawal form together with a copy of the goods purchase receipt and send the goods to the following address as an ordinary package: Carrier-X Bohemia s.r.o., Petrovická 272, CZ 344 01 Domažlice or for our German-speaking customers as a special simplified service: Carrier-X Bohemia s.r.o., Ulrich Hosse, Daberger Str. 30, 93437 Furth i.W., Germany. The seller points out that he does not accept cash on delivery! The Seller will provide the Buyer with a written confirmation of when the claim was made, what its content is, what kind of claim processing is required, by e-mail immediately after the acceptance of the claim (if the claim is made in person, this confirmation will be provided immediately); furthermore, a confirmation of the date and the way of claim processing, including the confirmation of the repair and the duration of the claim, or a justification of the rejection of the claim.
8. right of withdrawal
The Buyer who is a consumer shall have the right to withdraw from the contract in accordance with Section 1829 (1) of the NOZ without giving any reasons and without any sanctions within a period of fourteen (14) days. The period referred to in the first sentence shall run from the following day if:
I. it is a contract of sale, after the day of taking over the goods,
II. in the case of an agreement, the subject of which is more than one type of goods or delivery of more than one part, after the day of the last delivery of goods.
The term according to this paragraph shall be deemed to be observed if the notice of withdrawal was sent before the expiry of the respective term.
The Buyer who is a legal entity and/or a sole trader and who has indicated this fact when ordering the Goods (e.g. by indicating in the order its Id. No. and/or VAT No.), shall be entitled to withdraw from this Contract only in the cases stipulated by the generally binding regulations, in particular in accordance with the NOZ.
For the purpose of exercising the right to withdraw from the contract, the Buyer shall notify the Seller at the address: Carrier-X Bohemia s.r.o., Petrovická 272, CZ 344 01 Domažlice, or as a special simplified service for our German-speaking customers: Carrier-X Bohemia s.r.o., Ulrich Hosse, Daberger Str. 30, 93437 Furth i.W., Germany or to the e-mail address: email@example.com in the form of a unilateral legal act (for example, by a letter delivered by a postal service operator or by e-mail) about the intended withdrawal from this contract. The Buyer who is a consumer may use the withdrawal form to withdraw from the Contract, but this is not mandatory.
In case of exercising the right under point 8.1. of these Terms and Conditions, the Buyer is obliged to immediately, but no later than within fourteen (14) days after the withdrawal, return the goods received from the Seller to the Seller at the address: Carrier-X Bohemia s.r.o., Petrovická 272, CZ 344 01 Domažlice or as a special simplified service for our German-speaking customers: Carrier-X Bohemia s.r.o., Ulrich Hosse, Daberger Str. 30, 93437 Furth i.W., Germany. This deadline shall be deemed to have been met if the Buyer has returned the goods to the Seller before the expiry of this deadline. The Buyer shall bear the direct costs associated with the return of the goods. The Buyer may only require the Seller to pay the costs specified in the NOZ.
In the event that the Buyer withdraws from the Contract pursuant to clause 8.1. of these Terms and Conditions, the Seller shall immediately, but no later than within fourteen (14) days from the day on which the Seller received the notice of withdrawal, return to the Buyer in the same manner all funds, including delivery costs, accepted from the Buyer under the Purchase Contract. The Seller may refund the Buyer in another manner only if the Buyer agreed to do so and if no further costs are incurred by the Seller as a result. If the Buyer has chosen another way of delivery of the Goods than the cheapest way of delivery of the Goods offered by the Seller, the Seller shall reimburse the Buyer for the cost of delivery of the Goods in the amount corresponding to the cheapest way of delivery of the Goods offered (however, free personal pick-up is not one of these ways of transport). However, the Seller is not obliged to return the accepted funds to the Buyer until the moment when the Buyer has not handed over the goods or proved the dispatch of the goods to the Seller.
The Buyer who is a consumer shall be liable to the Seller only for the decrease in the value of the goods that occurred as a result of the handling of the goods that does not correspond to the required handling of the goods with regard to the procurement and characteristics of the goods. Thus, if the returned goods are damaged, worn out or partially consumed in contradiction to the previous sentence, the Seller shall be entitled to claim compensation from the Buyer for the damage incurred. The Seller shall be entitled to unilaterally set off the claim for compensation for the damage incurred against the Buyer's claim for reimbursement of the purchase price.
Those buyers who are consumers note that withdrawal from the purchase contract is inadmissible for the reasons stated in § 1837 NOZ. Thus, among others, it is not possible to withdraw from a purchase contract for the delivery of those goods, if
I. it has been customized according to the buyer's wishes or to his person,
II. it is quickly perishable as well as the goods irreversibly mixed with other goods after delivery
III. it is in closed packaging, which the Buyer has removed from the packaging and the goods cannot be returned for hygienic reasons.
In case of receipt of the notice of withdrawal, the Seller shall immediately confirm the acceptance in text form and then contact the Buyer by e-mail or telephone to agree / confirm the further procedure with the Buyer.
The Buyer takes note of the fact that if gifts are provided with the goods, the value of which does not exceed 10 cents (€0.10) excluding VAT, a gift contract is concluded between the Seller and the Buyer on the condition that if the consumer right to withdraw from the contract pursuant to § 1829 NOZ is used, the gift contract loses its effect and the Buyer is obliged to return together with the returned goods also the gifts related to it, otherwise it is an unjust enrichment on the part of the Buyer.
9. cancellation of the order by the seller
Cancellation of the order may occur in particular if the ordered goods are no longer manufactured or delivered. If such a situation occurs, the Seller undertakes to contact the Buyer immediately by e-mail or telephone and to agree with the Buyer on the further procedure (replacement of the ordered goods with another one, cancellation of the order, etc.).
10. data protection
Personal data of the Buyer shall be confidential and shall be processed only for the purpose of processing the Buyer's order and for the purpose of sending information and business communications to the Buyer.
Some data provided by the Buyer when using the online store may have the character of personal data within the meaning of Act No. 101/2000 Coll., on the Protection of Personal Data as amended (hereinafter only "DPA"). The Buyer agrees that the Seller collects the Buyer's personal data specified in the order, processes and stores them, as a data controller within the meaning of the DPA. The Buyer further agrees that his data will be forwarded to the business partner in the respective country exclusively for the purpose of processing the order. In doing so, the data will not be forwarded to organizations or persons that are not involved in the processing of the order. The Seller shall fully comply with the DPA and shall make every effort to protect the personal data provided by the Buyer.
The Buyer is fully aware of the following facts:
- Ordering the goods requires entering some important data from the point of view of further communication with the Buyer and subsequent delivery of the ordered goods or services.
- Registration in the online store requires the input of some important data from the point of view of further communication with the Buyer.
- The Seller does not process or acquire any information about the Buyer other than the information intentionally provided during the registration or ordering of the goods.
- All data provided by the Buyer during registration or ordering the goods are stored on a protected server.
- All data acquired by the Buyer are intended only for the Seller's employees responsible for them and for the partners of the respective country processing the order and are used exclusively for the Seller's purposes. These data will not be sold, rented or otherwise transferred by the Seller to third parties (with the exception of the persons transporting the ordered goods).
- The Seller shall do everything in its power to protect the Buyer's data from misuse and shall not provide them to any third party without the Buyer's consent, except for the persons transporting the goods and the business partners who have to process the order. This obligation does not include the data that may be required by the Police of the Czech Republic or other state bodies in accordance with the valid legal regulations.
The Buyer gives its consent to the collection, storage and processing of the granted personal data for an indefinite period of time. The Buyer confirms that the provided personal data are accurate and truthful and that they are provided voluntarily. The Buyer is obliged to inform the Seller immediately about any change in the granted data. The Seller may entrust the processing of personal data to third parties as a processor. The Buyer is aware that he/she may revoke the consent with the processing of the personal data at any time with a written notification sent to the Seller. During the period for which the consent is granted, the Buyer has the right to obtain information about the processing of personal data provided by him, in particular, the right to request from the Seller an explanation, rectification of a defective condition, including blocking, execution of correction, supplementation or liquidation of personal data, and the right to contact the Office for Personal Data Protection with his request. The Buyer is entitled to request information on what personal data the Seller processes about him, to the extent specified by the DPA. The information shall be provided without undue delay for a reasonable fee not exceeding the costs necessary for providing such information.
The Seller reserves the right to use the Buyer's contact data to send information that is important for the full use of the products and services provided by the Seller, in accordance with Act No. 480/2004 Coll., on certain information society services, as amended, with which the Buyer agrees. Every buyer has the right to forbid the sending of this information by the seller at any time by replying to any of the sent messages or by sending an email to: firstname.lastname@example.org.
We appreciate your trust and protect your private data from misuse.
11. final provisions
These Terms and Conditions are valid in the version stated on the Seller's website on the day of sending the electronic order, unless otherwise agreed in writing between the parties.
By sending the electronic order, the Buyer unconditionally accepts all the provisions of the Terms and Conditions in the version valid on the day of sending the order, as well as the price of the ordered goods (including possible delivery and shipping costs) valid on the day of sending the order, which is stated in the price list on the Website, unless it can be proven that in a particular case a different arrangement has been agreed.
If the relationship related to the use of the Online Shop or the legal relationship established by the purchase agreement contains an international (foreign) element, then the Parties agree that the relationship shall be governed by Czech law and all disputes shall be settled before Czech courts. This shall not affect the rights of the consumer arising from the generally binding legal regulations.
The Purchase Agreement including the Terms and Conditions shall be archived by the Seller in electronic form and they shall not be accessible to the Buyer.
All terms specified in these Terms and Conditions shall start to run from the day following the fact that is decisive for their commencement (e.g. delivery of the goods, withdrawal from the contract, etc.).
Should any of the provisions of these Terms and Conditions be invalid and/or ineffective or become invalid and/or ineffective, this shall not affect the validity and/or effectiveness of the remaining provisions. Changes and additions to this contract or the terms and conditions require written form.
These general terms and conditions are valid from 01. 08. 2021.
Instruction of the consumer about the right of withdrawal
1. right of withdrawal / right to withdraw from the contract
As a consumer, you have the right to withdraw from this contract within fourteen (14) days without giving any reason.
You have the right to withdraw from this contract without giving any reason within a period of fourteen (14) days from the day following the day
- on which you or a third party designated by you (a person other than the carrier) took over the goods in case of conclusion of a purchase contract, or
- on which you or a third party designated by you (a person other than the carrier) took over the last delivery of goods, in case of conclusion of a contract the subject of which is several types of goods or delivery of several parts.
For the purpose of asserting the right to withdraw from this contract, you must contact Carrier-X Bohemia s.r.o., with its registered office at Petrovická 272, CZ 344 01 Domažlice / Taus, Id. Nr.: 26333414, Ust-IdNr.: CZ26333414, registered in the Commercial Register at the District Court in Plzen (Pilsen), section C, insertion sheet no. 13689, or Carrier-X Bohemia s.r.o., Ulrich Hosse, Daberger Str. 30, D-93437 Furth i.W., Germany (special service for our German-speaking customers) of your intention to withdraw from this contract, or to the e-mail address email@example.com, in the form of a unilateral legal act (for example, a letter to be delivered by a postal service operator or by e-mail). You can use the attached sample form for withdrawal from the contract, but this is not obligatory.
To meet the deadline for withdrawal from the contract, it is sufficient to send the notice of withdrawal before the expiry of the respective deadline.
2. consequences of withdrawal from the contract
If you withdraw from this contract, we will immediately, but no later than fourteen (14) days after the day on which we received your notice of withdrawal, return to you in the same manner all funds, including delivery costs, that we have received from you under this contract. The accepted funds will be returned to you in any other way only if you agree to this and if you do not incur any further costs as a result. If you have chosen a form of delivery of goods other than the cheapest offered by us, you will be refunded the cost of delivery of goods in the amount of the cheapest offered form of delivery of goods (however, free personal acceptance is not one of these forms of transport). However, we are not obliged to return the accepted funds to the Buyer until that moment, before you have handed over the goods to us or proved the dispatch of the goods.
a.) Acceptance of the goods
Send the goods immediately, or hand over the goods personally, but no later than fourteen (14) days after the day on which the withdrawal from this contract occurred, to the address: Carrier-X Bohemia s.r.o., Ulrich Hosse, Daberger Str. 30, D-93437 Furth i.W., Germany (special service for our German-speaking customers) or Carrier-X Bohemia s.r.o., Petrovická 272, CZ 344 01 Domažlice.
The deadline is considered met if you have returned the goods to us before the expiry of a period of fourteen (14) days.
b.) Costs related to the return of goods
You shall bear the direct costs associated with the return of the goods.
c.) Liability for the decrease in value of the returned goods
You shall be liable only for the diminution in value of the goods as a result of handling the goods in a manner other than that necessary to acquaint you with the character and properties of the goods, including their functionality.