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 the “Seller”) and consumers (hereinafter the “Buyer”). The Buyer is advised to familiarise themselves with these Terms and Conditions and the Complaints Procedure before placing an order. The provisions of the Terms and Conditions form an integral part of the purchase contract. Both the purchase contract and the Terms and Conditions are drawn up in Czech; the purchase contract may be concluded exclusively in Czech.

I. Basic Provisions

Seller

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

Buyer

The Buyer acknowledges that the purchase of products from the Seller’s range does not confer any rights to use the Seller’s (or any other company’s) registered trademarks, trade names, company logos, or patents unless otherwise stipulated by a special agreement. When initiating business relations, the Buyer provides the Seller only with the contact details necessary for smooth order processing or with details the Buyer wishes to appear on documents.

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

An individual agreement between the Seller and the Buyer always takes precedence over these Terms and Conditions.

II. Ordering System

Goods and services are ordered via an electronic order on the website www.pivnidarky.cz (hereinafter the “e-shop”).

• Order processing and preparation for dispatch – the time required to handle all matters related to handing over the ordered goods to the carrier chosen by the Buyer.
• Dispatch – handing over the ordered goods by the Seller to the carrier. Both preparation for dispatch and dispatch take place on working days.

The Seller will prepare goods in stock for dispatch within 72 hours of receiving the order; otherwise according to the stated delivery time for the item.

All orders placed through the e-shop are binding. By placing an order, the Buyer confirms that they have read and agree to these Terms and Conditions.

The order constitutes a proposal for a purchase contract. The purchase contract is concluded at the moment the Seller sends the Buyer an order confirmation by e-mail. The validity of the order is conditional upon the Buyer completing all required information (name, telephone, e-mail, address, delivery and payment method, cart contents). Ownership of the goods passes to the Buyer upon full payment of the purchase price and receipt of the goods.

The Seller reserves the right to cancel an order or part thereof prior to the conclusion of the purchase contract if the goods are no longer manufactured or if the supplier’s price has significantly increased. In such a case, the Buyer will be contacted without delay and any amounts already paid will be refunded.

The Buyer receives the goods at the price valid at the time of ordering. For special goods or items not in stock, the Seller will confirm the price and delivery date by telephone or e-mail. If the Buyer does not agree to the price change, they will not confirm the order and it will not be executed.

III. Delivery Terms

Upon delivery of the purchased goods, the Seller issues an invoice containing all the requisites of an accounting document. Goods in stock are prepared for dispatch according to Art. II. In case of payment by bank transfer, the invoice is sent by e-mail and payable within 7 days; the goods are dispatched after the payment is received. Failure to pay within the specified period (+3 working days) results in automatic cancellation of the order.

Delivery Methods

1. Personal collection
2. Zásilkovna
3. DPD

Personal collection is possible after confirmation that the order is ready (Mon–Fri 9:00–17:00, or by arrangement) at the address Přátelský pivovar Malešov a.s., Malešov 56, 285 41. Pre-payment is required.

Zásilkovna – delivery is carried out under the carrier’s standard conditions; the Buyer provides a telephone number for notification. If the first delivery attempt fails, a second attempt is made; thereafter the parcel is returned. Re-delivery is charged at the same rate.

Payment Methods

1. Bank transfer (account 5460708002/5500)
2. Advance payment via selected payment gateways

Schedule of Additional Charges (CZ)

International Delivery Charges – DPD

IV. Withdrawal from the Contract

The Buyer acknowledges that, pursuant to § 1837 of the Civil Code, it is not possible, among other things, to withdraw:

1. from a purchase contract for the supply of goods or a service whose price depends on fluctuations of the financial market independent of the entrepreneur’s will and which may occur during the withdrawal period;
2. from a purchase contract for the supply of goods that have been modified according to the Buyer’s wishes or for their person;
3. from a purchase contract for the supply of goods which are perishable, as well as goods that have been irreversibly mixed with other goods after delivery;
4. from a purchase contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and for hygienic reasons cannot be returned, and from a purchase contract for the supply of an audio or video recording or computer program if the consumer has broken their original seal.

If none of the above cases apply, the Buyer has the right to withdraw from the purchase contract without giving any reason within 14 days of receiving the goods. If the purchase contract concerns several types of goods or several parts, the period begins upon receipt of the last delivery. The withdrawal must be sent to the Seller within the set period. The Buyer may use the model form (see Annex).

Upon withdrawal, the purchase contract is cancelled from the outset. The goods must be returned (sent) to the Seller within 14 days of withdrawal. The Buyer bears the direct costs of returning the goods.

The Seller will refund all payments received within 14 days of withdrawal by the same method in which they were received, except for additional costs incurred if the Buyer chose a delivery method other than the least expensive standard delivery offered.

V. Complaints Procedure

Complaints will be handled in accordance with the Seller’s Complaints Procedure and applicable legal regulations (in particular §§ 13 and 19 of Act No. 634/1992 Coll. and §§ 1914–1925, 2099–2117, and 2161–2174 of the Civil Code).

The Buyer is obliged to read the Complaints Procedure before ordering goods. By accepting the goods, the Buyer agrees to the procedure below.

As proof of warranty, the Seller issues a purchase document – an invoice with all requisites and supplementary data.

Quality on Acceptance

The Seller ensures that, upon acceptance, the goods are free of defects and that:

1. they possess the qualities agreed in the contract or, if not agreed, the usual qualities;
2. they are suitable for the purpose stated by the Seller or for which such goods are usually used;
3. they correspond to the quality or design of the agreed sample, if the quality was determined according to a sample;
4. they are in the appropriate quantity, measure, or weight;
5. they comply with legal requirements.

Rights from Defective Performance and Warranty Period

The Seller is liable for defects arising after acceptance for a period of 24 months; for used goods, the period may be reduced to 12 months (indicated on the document).

If defective performance constitutes a substantial breach of contract, the Buyer is entitled, at their choice, to delivery of a new item, repair, a reasonable discount, or withdrawal from the contract. In the case of an insubstantial breach, the Buyer is entitled to defect removal or a discount.

The Warranty Does Not Cover Defects Arising From

1. careless or violent handling;
2. normal wear and tear due to ordinary use;
3. use in unsuitable conditions (temperature, dust, humidity);
4. overloading or use contrary to documentation;
5. a defect apparent at the conclusion of the contract;
6. damage by natural forces or force majeure.

Complaint Handling Procedure

The Seller will decide on the complaint without undue delay, no later than within 3 working days, and will resolve it within 30 days unless the parties agree otherwise.

VI. Security and Data Protection

The Seller handles personal data in accordance with Act No. 101/2000 Coll., on Personal Data Protection. The data are confidential and will be used only to fulfil the contract.

VII. Specific Conditions for Services (“experience” or “event”)

The participant takes part in the experience at their own risk and, before participating, should consider their physical and mental fitness. Risks and limitations are stated for each specific event. By participating, the participant confirms they have familiarised themselves with these risks and will follow the instructions of professional supervision.

VIII. Final Provisions

Out-of-court complaint handling is provided by the Seller via e-mail info@pivnidarky.cz. Supervision is carried out by the Czech Trade Inspection Authority (www.coi.cz).

The Czech Trade Inspection Authority, Štěpánská 567/15, 120 00 Prague 2, Company ID No. 00020869, is competent for out-of-court settlement of consumer disputes.

These Terms and Conditions have been valid since 1 February 2016. The Seller reserves the right to change or supplement them without prior notice.

Updated: 1 May 2025

The Buyer acknowledges that the sale of alcohol to persons under 18 years of age is prohibited. Both the carrier and the Seller are entitled to request proof of identity.

Annex 1: Contract Withdrawal Form

Recipient: Přátelský pivovar Malešov a.s., Malešov 56, 285 41 E-mail: info@pivnidarky.cz
I hereby notify that within the fourteen-day period I withdraw from the purchase contract for the following goods/services:
…………………………………………………………………………………
Order number: ……………………………………
Order date: ……………………………………
Date of receipt: ………………………………………
Name and surname: ……………………………………
Address: …………………………………………………
E-mail: …………………………………………………
Date, signature: ………………………………………