Terms and Conditions - the most important:
The Terms and Conditions apply between you and Rodinná firma Pleva s.r.o., registered office at Českých bratří 325, Potštejn, company ID No.: 48153061
You may register or purchase without registration; in any case we do not provide any third party with this information.
We have and follow the Principles of Personal Data Protection.
If you make a purchase, you will enter into a Contract of Sale with us in accordance with the Terms and Conditions set out below.
If you're interested, take a look at Shipping and Payment Options.
If the packaging shows signs of damage upon receipt (e.g., torn, unglued, etc.), do not accept the goods or accept them with reservation.
Is anything unclear or do you have any questions? Call 739 045 380, or write to email@example.com.
According to the Act on Registration of Revenue, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received amount with the tax administrator on-line, in case of technical failure no later than within 48 hours.
The sale of alcoholic beverages in the on-line shop www.pleva.cz to persons under the age of 18 is prohibited.
The full text of the terms and conditions of the Pleva family company:
Terms and conditions of Pleva s.r.o. with registered office Českých bratří 325, 51743 Potštejn identification number: 48153061, registered in the Commercial Register maintained by the Regional Court in HK, Section C, Insert 3534 for the sale of goods through the on-line shop located at the Internet address www.pleva.cz .
1. INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions (hereinafter referred to as „Terms and Conditions“) of Pleva s.r.o., with registered office at Českých bratří 325, 51743 Potštejn, identification number: 48153061, registered in the Commercial Register maintained by the Regional Court in HK, Section C, Insert 3534 (hereinafter referred to as „Seller“) regulate in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll, Civil Code (hereinafter referred to as the „Civil Code“) "), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the „Purchase Contract“) concluded between the Seller and another individual (hereinafter referred to as the „Buyer“) through the Seller's online shop. The online shop is operated by the Seller on the website located at www.pleva.cz (hereinafter referred to as the „Website“), through the interface of the Website (hereinafter referred to as the „Shop Web Interface“).
1.2. The Terms and Conditions do not apply when the person intending to purchase the goods from the Seller is a legal entity or a person acting because of ordering the goods within his business or in the course of his independent performace of his profession.
1.3. Provisions divergent from the terms and conditions may be agreed in the purchase contract. Differentiating provisions in the Purchase Contract take precedence over the provisions of the Terms and Conditions.
1.4. The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Contract and the Terms and Conditions are executed up in the Czech language. The Purchase Contract can be concluded in the Czech language.
1.5. The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
2. USER ACCOUNT
2.1. Based on the Buyer's registration on the Website, the Buyer can access his/her user interface. From his/her user interface, the Buyer can order goods (hereinafter referred to as „user account“). If the web interface of the Shop allows it, the Buyer can also order goods without registration directly from the web interface of the Shop.
2.2. When registering on the website and when ordering goods, the buyer is obliged to provide correct and truthful information. The buyer is obliged to update the information provided in the user account in case of any change. The information provided by the Buyer in the user account and when ordering goods is considered to be correct by the Seller.
2.3. Access to the user account is secured by an username and a password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his user account.
2.4. The Buyer is not entitled to allow third parties to use the user account.
2.5. The Seller may cancel the user account, in particular if the Buyer does not use his/her user account for more than 5 years or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).
2.6. The Buyer acknowledges that the User Account may not be available continuously, especially 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.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. The whole presentation of goods placed in the web interface of the shop is informative and the seller is not obliged to conclude a purchase contract regarding these goods. Section 1732(2) of the Civil Code shall not apply.
3.2. The web interface of the shop contains information about the goods, including the prices of the individual goods and the cost of returning the goods if they cannot be returned by normal postal means. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed on the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.
3.2.1. If the buyer is a business person or company - he can request to display prices for business partners in the web interface of the shop without value added tax.
3.3. The web interface of the shop also contains information about the costs associated with the packaging and delivery of goods. The information about the costs associated with the packaging and delivery of goods listed in the web interface of the shop is valid only in cases where the goods are delivered within the Czech Republic.
3.4. To order goods, the buyer fills in the order form in the web interface of the shop. The order form contains in particular information about:
3.4.1. ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store),
3.4.2. the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and
3.4.3. information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the „Order“).
3.5. Prior to sending the order to the Seller, the Buyer is allowed to check and change the data entered by the Buyer in the order, including with respect to the Buyer's ability to detect and correct errors made when entering data into the order. The Buyer shall send the order to the Seller by clicking on the "Complete Order" button. The data provided in the order is considered to be correct by the Seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt by e-mail to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the „Buyer's e-mail address“).
3.6. Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional order confirmation (for example, in writing or by telephone).
3.7. The contractual relationship between the Seller and the Buyer is established by delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer's electronic mail address.
3.8. The Buyer agrees to the use of remote means of communication in concluding the Purchase Contract. The costs incurred to the Buyer in the use of remote means of communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself, and these costs shall not differ from the basic rate.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways:
in cash at the seller's premises at Českých bratří 325, 517 43 Potštejn;
cash on delivery at the place specified by the buyer in the order;
by wire transfer to the Seller's account No. 2400076636/ 2010, held with Fio
bank (hereinafter referred to as the "Seller's Account");
cashless via the PayU payment system;
cashless by credit card;
4.2. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
4.3. The Seller provides the option of certain free shipping on purchases over a specified amount. Please refer to the here.
4.4. The Seller does not require a deposit or other similar payment from the Buyer. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.5. In case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 7 days of the conclusion of the purchase contract.
4.6. In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account.
4.7. The Seller is entitled, especially in the case that the Buyer fails to confirm the order (Article 3.6), to require payment of the full purchase price before the goods are shipped to the Buyer. Section 2119 (1) of the Civil Code shall not apply.
4.8. Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
4.9. If it is common in commercial relations or if it is determined by generally binding legal regulations, the Seller shall issue a tax document - invoice to the Buyer regarding payments made on the basis of the Purchase Agreement. The Seller is a payer of value added tax. The Seller shall issue the tax document - invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer's electronic address.
4.10. According to the Sales Records Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in case of technical failure, within 48 hours at the latest.
5.1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, besides other it is not possible to withdrawal from a contract for the supply of goods that have been modified according to the Buyer's wishes or for the Buyer's person, a contract for the supply of perishable goods, as well as goods, from a contract for the supply of goods which have been irretrievably mixed with other goods after delivery, from a contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons, and from a contract for the supply of an audio or visual recording or a computer program if the consumer has broken the original packaging.
5.2. Unless the case referred to in Article 5.1 or any other case where the Purchase Contract cannot be withdrawn from, the Buyer shall have the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the Goods in accordance with the provisions of Section 1829(1) of the Civil Code, provided that if the subject of the Purchase Contract is several types of Goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of the Goods. Withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. For withdrawal from the purchase contract, the buyer may use the sample form provided by the seller, which is an annex to the terms and conditions. The Buyer may send the withdrawal from the Purchase Contract, among others, to the Seller's business address Českých bratří 325, 51743 Potštejn or to the Seller's e-mail address firstname.lastname@example.org.
5.3. In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The goods must be returned to the Seller within fourteen (14) days of the withdrawal from the contract. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.
5.4. V případě odstoupení od smlouvy dle čl. 5.2 obchodních podmínek vrátí prodávající peněžní prostředky přijaté od kupujícího do čtrnácti (14) dnů od odstoupení od kupní smlouvy kupujícím, a to stejným způsobem, jakým je prodávající od kupujícího přijal. Prodávající je taktéž oprávněn vrátit plnění poskytnuté kupujícím již při vrácení zboží kupujícím či jiným způsobem, pokud s tím kupující bude souhlasit a nevzniknou tím kupujícímu další náklady. Odstoupí-li kupující od kupní smlouvy, prodávající není povinen vrátit přijaté peněžní prostředky kupujícímu dříve, než mu kupující zboží vrátí nebo prokáže, že zboží prodávajícímu odeslal.In the event of withdrawal from the Contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Contract in the same manner as the Seller received them from the Buyer. The Seller shall also be entitled to return the performance provided by the Buyer already upon return of the goods by the Buyer or in another manner, provided that the Buyer agrees and no additional costs are incurred by the Buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.
5.5. The Seller is entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer's claim for reimbursement of the purchase price.
5.6. Until the goods are accepted by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such case, the Seller shall refund the Purchase Price to the Buyer without undue delay, cashless to the account designated by the Buyer.
5.7. If a gift is given to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the purchase contract, the gift contract with respect to such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods to the Seller.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. In the event that the method of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
6.2. If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery.
6.3. In the case that for reasons on the Buyer’s side it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of goods, or the costs associated with another method of delivery.
6.4. Upon taking delivery of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. In the case that the packaging is found to be damaged, indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier.
6.5. Other rights and obligations of the parties in the carriage of the goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties with regard to rights arising from defective performance are governed by the applicable generally binding legal provisions (in particular Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
7.2. The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller shall be liable to the Buyer that at the time the Buyer took delivery of the goods:
7.2.1. the goods have the characteristics agreed between the parties and, in the absence of agreement, have the 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 carried out by them,
7.2.2. the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,
7.2.3. the goods correspond in quality or workmanship to the agreed sample or pattern, if the quality or workmanship was determined according to the agreed sample or pattern,
7.2.4. the goods are in the appropriate quantity, measure or weight; and
7.2.5. the goods comply with the requirements of the legislation.
7.3. The provisions referred to in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price to the defect for which the lower price was agreed, to the wear and tear of the goods caused by their normal use, in the case of second-hand goods to the defect corresponding to the level of use or wear and tear that the goods had when taken over by the buyer, or if it results from the nature of the goods.
7.4. If the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective upon receipt. The buyer is entitled to claim the right to a defect that occurs in consumer goods within twenty-four months of receipt.
7.5. The rights from defective performance shall be exercised by the buyer at the seller's address of the seller's establishment where the acceptance of the claim is possible with regard to the range of goods sold, or at the registered office or place of business.
7.6. Other rights and obligations of the parties related to the Seller's liability for defects are regulated by the Seller's Complaints Regulations.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. The Buyer acquires ownership of the Goods upon payment of the full purchase price of the goods.
8.2. The Seller shall not be bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
8.3. The out-of-court handling of consumer complaints is provided by the Seller via the electronic address email@example.com. The Seller shall send information about the settlement of the Buyer's complaint to the Buyer's electronic address.
8.4. The Seller is entitled to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade authority. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.5. The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
8.6. The Buyer has the right to an out-of-court settlement of any consumer dispute. The buyer must try to settle directly with the seller. If no agreement is reached, the buyer has the right to contact the Czech Trade Inspection Authority (www.coi.cz) for out-of-court dispute resolution. If necessary, the Seller will provide the necessary information and assistance to effectively resolve the consumer dispute.
8.7. Sale of alcoholic beverages by means of distance communication according to the Act No.65/2017 Coll.Act on the Protection of Health against the Harmful Effects of Addictive Substances: the sale of alcoholic beverages to persons under 18 years of age is prohibited in the online shop www.pleva.cz. For alcoholic beverages (mead) there are also a warning directly on the product. The buyer is obliged to present his/her ID card upon delivery of the goods.
9. COMPLAINT HANDLING
9.1. The Buyer is obliged to file a claim with the Seller or a person designated for repair without undue delay after the discovery of the defect. If he does so in writing or electronically, he should provide his contact details, a description of the defect and a request for the manner in which the complaint is to be handled. Download the form here.
9.2. The Buyer is obliged to inform the Seller of the right he has chosen when notifying the defect or without undue delay after notification of the defect. A change of choice without the Seller's consent is only possible if the Buyer has requested the repair of a defect that proves to be irremediable.
9.3. The buyer is obliged to prove the purchase of the goods (preferably with a proof of purchase). The time limit for the settlement of the claim starts from the handover/delivery of the goods to the seller or to the place designated for repair. The goods should be packed in suitable packaging to prevent damage during transport and should be clean and complete.
9.4. The Seller is obliged to make a decision on the complaint without delay, within three working days at the latest, or if a professional assessment is required to make a decision. The information about the need for a professional assessment shall be communicated to the Buyer within this period. The Seller shall settle the complaint, including the removal of the defect, without undue delay, at the latest within 14 days of its submission, unless a longer period is agreed in writing with the Buyer. After the expiry of this period, the buyer has the same rights as if it were a substantial breach of contract.
9.5. If the Seller refuses to remedy the defect, the Buyer may demand a reasonable price reduction or withdraw from the contract.
9.6. The warranty period is extended by the period from the time the claim is made until it is settled or until the time the buyer is obliged to collect the item. If the goods or a part thereof are replaced, the seller's liability shall apply as if the goods or a part thereof had been purchased new.
9.7. If it is not possible to monitor the status of the complaint on-line, the Seller undertakes to inform the Buyer about the complaint by e-mail or SMS according to his request.
10. DATA PROTECTION
10.1. The controller of personal data pursuant to Article 4 point 7 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 (hereinafter: "GDPR") is Pleva s.r.o., ID No.: 48153061, with its registered office at Českých bratří 325, 517 43 (hereinafter: „Controller“).
10.2 The contact details of the Administrator are: Address: Českých bratří 325, 517 43, E-mail:firstname.lastname@example.org, Telephone: +420 739 045 380.
10.3. The Seller undertakes not to provide the Buyer's personal data to third parties other than the contracted carrier for the purpose of delivery of the goods.
10.4. Performance of a contract between you and the controller pursuant to Article 6(1)(b) GDPR, Legitimate interest of the controller pursuant to Article 6(1)(f) GDPR, for compliance with a legal obligation, for the protection of the vital interests of the data subject, consent to processing for the purposes of providing direct marketing (in particular for sending commercial communications and newsletters) pursuant to Article 6(1)(a) GDPR in conjunction with Section 7(2) of Act No. 480/2004 Coll, on certain information society services in the absence of an order for goods or services.
10.5. The Buyer acknowledges that he/she is obliged to provide his/her personal data (during registration, in his/her user account, when placing an order from the web interface of the shop) correctly and truthfully and that he/she is obliged to inform the Seller without undue delay about any change in his/her personal data.
10.6. Personal data will be processed for the period necessary to exercise the rights and obligations arising from the contractual relationship between you and the administrator and to assert claims arising from these contractual relationships (for a period of 10 years from the termination of the contractual relationship).
- For the period until consent to the processing of personal data for marketing purposes is withdrawn, but no longer than 5 years if the personal data is processed on the basis of consent.
After the expiry of the retention period, the administrator shall delete the personal data.
10.7. The Buyer confirms that the personal data provided is accurate and that the Buyer has been advised that this is a voluntary provision of personal data.
11. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
11.1. The Buyer consents to the sending of information relating to the Seller's goods, services or business to the Buyer's electronic address and further consents to the sending of commercial communications by the Seller to the Buyer's electronic address.
11.2. The Buyer agrees to the storage of cookies on his/her computer. In the event that the purchase on the website can be made and the seller's obligations under the purchase agreement can be fulfilled without the storage of cookies on the buyer's computer, the buyer may withdraw the consent under the previous sentence at any time.
12.1. The Buyer may be served at the Buyer's electronic address.
13. FINAL PROVISIONS
13.1. 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. This is without prejudice to the consumer's rights under generally binding legislation.
13.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, 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 shall not affect the validity of the other provisions.
13.3. The Purchase Contract including the Terms and Conditions is archived by the Seller in electronic form and is not accessible.
13.5. Contact details of the Seller: delivery address Českých bratří 325, 51743 Potštejn, e-mail address email@example.com, telephone 739 045 380.
In Potštejn on 23.6.2022
Please refer to the older terms and conditions if you need to.