Terms and Conditions

These Terms and Conditions govern the relationship between the buyer and the seller in the sale of goods and services between Přátelský pivovar Malešov a.s. (hereinafter "seller") and consumers (hereinafter "buyer"). It is recommended that the buyer familiarize themselves with the Terms and Conditions and the Complaints Procedure before ordering goods. The provisions of the Terms and Conditions are an integral part of the purchase contract. The purchase contract and the Terms and Conditions are drafted in the Czech language. The purchase contract may be concluded in the Czech language.

I. Basic Provisions

Seller

Přátelský pivovar Malešov a.s., Malešov 56, 285 41, ID No.: 02133792

Buyer

The buyer is aware that by purchasing products offered by the seller, no rights arise to use registered trademarks, trade names, company logos, or patents of the seller or other companies, unless otherwise agreed in a specific contract. Upon commencing commercial relations, the buyer provides the seller only with contact details necessary for smooth order processing and any details they wish to appear on purchase documents.

Legal relations between the seller and the consumer not expressly governed by these Terms and Conditions are governed by the relevant provisions of Act No. 89/2012 Coll., Civil Code, Act No. 634/1992 Coll., on Consumer Protection, and related regulations.

An individual contract between the seller and the buyer takes precedence over the Terms and Conditions.

II. Ordering System

The ordering of goods and services is operated via electronic orders on the website located at <a>www.pivnidarky.cz (hereinafter the "e-shop").

Order processing and preparation for shipment refers to the time needed to complete all formalities related to handing over the ordered goods to the carrier chosen by the buyer. Shipment (of ordered goods) means the handover of the ordered goods by the seller to the carrier. Preparation for shipment and shipment itself occur on working days. The seller prepares goods for shipment within 48 hours of receiving the order if the goods are in stock; otherwise, according to the delivery time of the requested item.

All orders placed via electronic ordering in the e-shop are binding. By placing an order, the buyer confirms they have read and agree to these Terms and Conditions.

The order is a proposal for a purchase contract. The purchase contract is concluded upon confirmation of the order sent by the seller to the buyer via email at the buyer's email address.

The validity of an electronic order requires the buyer to provide all the following information: name and surname, phone number, email, delivery address, delivery method, payment method, and cart contents.

The buyer acquires ownership of the goods by paying the full purchase price and taking delivery of the goods.

The seller reserves the right to cancel the order or its part before concluding the purchase contract if:

• the goods are no longer produced;
• the supplier’s price of the goods has significantly increased.

In such cases, the seller commits to promptly contact the buyer to agree on further steps. If the buyer has already paid part or all of the purchase price, the amount will be refunded to the buyer's account or address.

The buyer receives the goods at the price valid at the time of ordering. For special order goods or out-of-stock goods, the seller will confirm the price and delivery date by phone/email in advance. The seller may change prices depending on market conditions and exchange rate fluctuations. If the buyer does not agree with the change, they will not confirm the order and it will not be processed.

III. Delivery Terms

Upon delivery of purchased goods, the seller commits to issue an invoice with all the required accounting document particulars.

The seller prepares in-stock goods for shipment within the timeframe stated in Article II. For bank transfer payments, the seller issues an invoice for the agreed amount and sends it electronically to the buyer. Payment is due within 7 days of invoicing, and goods are shipped with the original tax document after receipt of payment on the seller's account (if goods are in stock; otherwise, as per delivery time of the item). If payment is not received by the due date (+3 business days), the order will be automatically cancelled.

If selected items have longer delivery times due to product exclusivity, the seller will immediately contact the buyer.

Goods are delivered according to the buyer's selected method in the online order, delivery methods include:

• personal pickup;
• delivery via Zásilkovna;
• other (by agreement between seller and buyer, e.g., express service).

The place of delivery is the delivery address specified by the buyer in the electronic order.

Personal Pickup

Goods can be picked up personally once the seller confirms (by email or phone) that the order is ready for pickup during working days at the premises: Monday to Friday 9:00 - 17:00.

Other pickup times may be arranged by phone or email.

Phone: 770 154 857 Email: info@pivnidarky.cz

Seller's address: Přátelský pivovar Malešov a.s., Malešov 56, 285 41

Personal pickup requires prepayment.

Delivery by Zásilkovna

Delivery by this carrier occurs the next working day after shipment according to standard delivery conditions.

When selecting this delivery method, the buyer must provide a phone number in the order for confirmation of delivery from the carrier. If the buyer is not present at the address, a second delivery attempt is made. If the buyer is not reached on the second attempt, the shipment returns to the seller. The seller charges shipping for re-delivery at the same rate.

Payment Terms

Payment methods are:

• bank transfer (delivery or pickup after the payment is credited to seller’s account: 3334443366 / 5500);
• prepayment via selected payment portals;
• cash on delivery (cash collected by the carrier upon delivery).

Price List of Additional Charges

All prices are contractual, current and valid. Delivery price list updated from 1.2.2023. Price changes reserved.

Delivery Price List in the Czech Republic

Packaging or other fees are not charged.

This price list applies to the territory of the Czech Republic; for other countries, shipping costs are based on the current carrier’s price list.

IV. Withdrawal from the Contract

The buyer acknowledges that under Section 1837 of the Civil Code, withdrawal from the purchase contract is not possible for, among others: i) contracts for the supply of goods or services whose price depends on financial market fluctuations beyond the control of the entrepreneur and which may occur during the withdrawal period; ii) contracts for the supply of goods modified according to the buyer’s wishes or for their person; iii) contracts for the supply of perishable goods or goods irreversibly mixed after delivery; iv) contracts for goods in sealed packaging which the consumer has removed from the package and which cannot be returned for hygienic reasons; and v) contracts for sound or image recordings or computer programs if the consumer has broken their original packaging.

If none of the above cases apply, the buyer has the right to withdraw from the contract within fourteen days from the day of receipt of the goods, without giving any reason, where, if the contract concerns multiple goods or parts, the period runs from the receipt of the last delivery. Withdrawal must be sent to the seller within this period. The buyer may use the withdrawal form attached to these Terms and Conditions. Withdrawal may be sent to the seller’s registered office or email.

Upon withdrawal, the contract is cancelled from the outset. The buyer must return the goods within fourteen days from withdrawal. The buyer bears the direct costs of returning the goods, including when the goods cannot be returned by usual postal means due to their nature.

Upon withdrawal, the seller shall refund all payments received within fourteen days by the same means as received. The seller also refunds delivery costs except for additional costs due to a delivery method chosen by the buyer other than the least expensive standard delivery offered.

The seller may return the buyer’s payment upon receipt of the returned goods or proof of shipment, if the buyer agrees and no additional costs arise.

The seller is entitled to offset any damage to the goods against the refund.

The buyer is liable only for diminished value due to handling beyond what is necessary to establish the nature and characteristics of the goods.

If the buyer decides to withdraw within the period, they must meet the following conditions:

• Deliver goods to the seller’s address with purchase document number.
• Goods returned must be undamaged, complete with accessories, documents, and gifts. Partial or damaged returns may have reduced refund.
• Cash on delivery returns will not be accepted.
• Seller may refuse or reduce the refund for returns not meeting the above.
• Seller recommends insuring the goods before shipping.

The seller may withdraw from the contract any time before the buyer takes possession. In that case, the purchase price will be refunded without undue delay.

V. Complaints Procedure

Claims for defective performance will be handled according to the seller’s complaints procedure and applicable Czech law, especially Act No. 634/1992 Coll., on Consumer Protection, and Civil Code provisions. Goods can be claimed from the seller under these conditions.

Claims for goods purchased up to 31.12.2013 are governed by earlier laws and regulations.

The buyer should familiarize themselves with the complaints procedure and Terms and Conditions before ordering. Taking delivery implies acceptance of the complaints procedure.

The seller issues a purchase document with each sale including necessary data for warranty claims (product name, date, price, quantity, order number).

Quality at Receipt

The seller guarantees the goods are free of defects at delivery, meaning:

• The goods have agreed qualities or, if none agreed, those described or expected given the nature and advertising;
• The goods suit the purpose stated or usual for the goods type;
• The goods match the agreed sample or model;
• The goods have the agreed quantity or weight;
• The goods comply with legal requirements.

These do not apply to goods sold at reduced price due to defects, used goods, or normal wear and tear.

If the goods do not meet these requirements, the buyer may request new goods, replacement parts, repair, price reduction, or contract withdrawal, depending on defect nature.

If a defect appears within six months, it is presumed the goods were defective at delivery.

Rights and Warranty Period

The seller is responsible for defects arising within 24 months from delivery. For used goods, the period may be shortened to 12 months, noted on sales documents.

If a defect is a substantial breach, the buyer can demand repair, replacement, price reduction, or withdrawal.

Substantial breaches are those known or foreseeable at contract conclusion that would have prevented contract formation.

If the seller does not fix defects timely, the buyer may reduce price or withdraw.

If the breach is not substantial or buyer does not specify remedies timely, they may demand repair or price reduction.

Repeated defects or multiple defects give the buyer rights to replacement or withdrawal.

Warranty Terms

Warranty claims must be submitted to the seller’s registered address. Goods may be sent by carrier, marked "COMPLAINT" and including complaint description and buyer contact info.

Only defects described by the buyer are tested.

The buyer must check the condition of the shipment in presence of the carrier and report damages immediately.

Proof of warranty is provided by purchase or complaint document. The complaint is deemed filed when the seller receives the goods.

The warranty does not cover defects caused by:

• careless or improper handling;
• normal wear;
• usage under inappropriate conditions;
• overloading or misuse;
• defects evident at contract conclusion;
• natural disasters or force majeure.

If the defect falls under these, the complaint is rejected, but paid repair is possible.

Complaint Handling

Replacing goods during complaint does not renew warranty period; it continues from original purchase.

The seller decides on complaint within three working days or up to 30 days in complex cases, informing the buyer.

The buyer is notified by phone, SMS or email. Returned goods are shipped to the buyer if delivered by carrier.

The buyer must collect complaint goods within 30 days of complaint resolution or storage fees apply.

VI. Security and Information Protection

The seller processes personal data per Act No. 101/2000 Coll., on personal data protection.

Personal data is confidential and used only for contract fulfillment. Data may be shared with distributors or payment processors.

The buyer must promptly inform the seller of changes to contact or billing information.

Customer satisfaction is surveyed by email through the "Verified Customers" program by Heureka.cz, which may receive purchase info and email addresses for analysis.

VII. Specific Conditions for Services (Experiences or Events)

The buyer or participant attends experiences at their own risk and must assess fitness to participate.

Risks and limitations are detailed per event and can be checked with the seller.

Participants agree to comply with Terms and Conditions and follow supervisory instructions, signing safety instructions if required.

VIII. Final Provisions

Out-of-court consumer complaints are handled by the seller via email info@pivnidarky.cz. The Czech Trade Inspection Authority (www.coi.cz) supervises seller obligations.

The Czech Trade Inspection Authority, Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, (http://www.coi.cz) is competent for out-of-court dispute resolution.

These Terms and Conditions are valid from 1.2.2016. The seller reserves the right to amend them and prices without prior notice.

Updated: 20.6.2023

The buyer acknowledges it is forbidden to sell alcohol to persons under 18 years. Carriers or the seller may require proof of age when delivering alcohol. If proof is not provided, alcohol goods will not be delivered.

Approved by Jan Prokop.

Annex 1: Withdrawal Form

(Fill out this form and send it back to the seller only if withdrawing from the contract pursuant to Article IV of the Terms and Conditions)

Recipient: Přátelský pivovar Malešov a.s., Malešov 56, 285 41, ID No.: 02133792 Email: info@pivnidarky.cz

I hereby notify you that I withdraw from the contract of purchase of the following goods/services (delete as appropriate):

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Order number:……………………… ……………………………………………………………

Order date:…………………………………………………… ………………………………

Date received by buyer:…………………… ………………………………………………………………

Name and surname of buyer:……………………… ……………………………………………………………

Address of buyer:……………………… ……………………………………………………………

Email address of buyer:……………………… ……………………………………………………………

Date and signature of buyer:……………………… ……………………………………………………………