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General Terms and Conditions

I. Basic provisions

1. These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") are issued pursuant to § 1751 et seq. Act no. 89/2012 Coll., the Civil Code of Czech Republic (hereinafter the "Civil Code").

(Name and surname/trade name) WEDRINK, s.r.o.
Company ID no.: 09358064
TIN: CZ09358064
Registered office: Starý Brázdim 75, 250 63 Brázdim
Registered at the Municipal Court in Prague, file number C 335050
Contact information:
Email address: wedrink@wedrink.cz
Web: www.wedrink.cz
(hereinafter referred to as the "Seller")

2. These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person concluding a purchase agreement outside his business as a consumer, or within his business (hereinafter: the "Buyer") via the web interface located on the website available at www.wedrink.cz (hereinafter referred to as the "Online Shop").
3. The provisions of the Terms and Conditions are an integral part of a purchase agreement. Deviating provisions in a purchase agreement take precedence over the provisions of these Terms and Conditions.
4. These Terms and Conditions and purchase agreements are concluded in Czech.

II. Information about goods and prices

1. Information about goods, including the prices of individual goods and their main properties, is listed for individual goods in the Online Shop's catalog. The prices of the goods are listed including all related fees and costs for the return of the goods, if the goods cannot, by their nature, be returned by ordinary mail. The prices of the goods remain valid as long as they are displayed in the Online Shop. This provision does not preclude the conclusion of a purchase agreement under individually agreed conditions.
2. All presentation of goods in the Online Shop's catalog is informative, and the Seller is not obliged to conclude a purchase agreement regarding these goods.
3. Information on costs associated with the packaging and delivery of goods is published on the Online Shop.
4. Discounts on the purchase price of goods cannot be combined, unless the Seller agrees otherwise with the Buyer.

III. Orders and conclusion of a purchase agreement

1. Costs incurred by the Buyer in the use of means of long-distance communication in connection with the conclusion of a purchase agreement (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself. These costs do not differ from the basic rate.
2. The Buyer can order goods in the following ways:
  • via his customer account, if he has previously registered in the Online Shop
  • by filling out the order form without registration
3. When placing an order, the Buyer chooses the goods, the number of pieces of goods, the method of payment and delivery.
4. Before sending the order, the Buyer is allowed to check and change the data he entered in the order. The Buyer sends the order to the Seller by clicking on "Complete order". The data listed in the order are considered to be correct by the Seller. The condition for the validity of a order is that all mandatory information are filled out in the order form and and the Buyer's confirmation that he has read these Terms and Conditions.
5. Immediately after receiving the order, the Seller will send the Buyer a confirmation of receipt of the order to the email address that the Buyer entered when placing the order. This confirmation is considered as the conclusion of an agreement. The purchase agreement is concluded by a confirmation of the order sent by the Seller to the Buyer's email address.
6. If any of the requirements specified in the order cannot be met by the Seller, he will send an amended offer to the Buyer's email address. The amended offer shall be in the form of a new draft of the purchase agreement, and in such a case the purchase agreement is concluded by the Buyer's confirmation of acceptance of this offer sent to the Seller's email address specified in these Terms and Conditions.
7. All orders received by the Seller are binding. The Buyer can cancel an order before he receives a notification of confirmation of the order by the Seller. The Buyer can cancel an order via telephone at the Seller's number or email address specified in these Terms and Conditions.
8. In the event of an obvious technical error on the part of the Seller in listing the price of goods in the Online Shop or when an order is placed, the Seller is not obliged to deliver the goods to the Buyer for this obviously incorrect price. The Seller shall inform the Buyer of the error without undue delay and send an amended offer to the Buyer's email address. The amended offer shall be in the form of a new draft of the purchase agreement, and in such a case the purchase agreement is concluded by the Buyer's confirmation of acceptance of this offer sent to the Seller's email address.

IV. Customer account

1. Based on the Buyer's registration in the Online Shop, the Buyer can access his customer account. The Buyer can order goods from his customer account. The Buyer can also order goods without registration.
2. When registering for a customer account and ordering goods, the Buyer is obliged to provide correct and truthful data. The Buyer is obliged to update the data specified in the user account in the event of a change. The data provided by the Buyer in his customer account and when he orders goods are considered to be correct by the Seller.
3. Access to the customer account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The Seller is not liable for any misuse of the customer account by third parties.
4. The Buyer is not entitled to allow third parties to use the customer account.
5. The Seller may cancel the user account, especially if the Buyer no longer uses his user account, or if the Buyer violates his obligations under the purchase agreement or these Terms and Conditions.
6. The Buyer acknowledges that the user account may not be available around the clock, especially with regard to necessary maintenance of the Seller's hardware and software, or necessary maintenance of third party hardware and software.

V. Payment conditions and delivery of goods

1. The Buyer can pay the price of goods and any costs associated with the delivery of goods under the purchase agreement in the following ways:
  • cashless payment by card
  • cashless transfer to the Seller's account via comgate or Paypal
2. Together with the purchase price, the Buyer is obliged to pay the Seller costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise below, the purchase price also includes costs associated with the delivery of goods.
3. In the case of payment via a payment gateway, the Buyer follows the instructions of the relevant electronic payment provider.
4. In the case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's bank account.
5. The Seller does not require any advance payment or other similar payment from the Buyer. Payment of the purchase price before the goods are sent is not a deposit.
6. The goods are delivered to the Buyer at the address specified by the Buyer in the order.
7. The choice of delivery method is made when the goods are ordered.
8. The cost of delivery of the goods depending on the method of dispatch and receipt of goods are specified in the Buyer's order and in the Seller's order confirmation. If the mode of transport is arranged on the basis of a special request of the Buyer, the Buyer shall bear the risk and any additional costs associated with this mode of transport.
9. If, according to the purchase agreement, the Seller is obliged 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. If it is necessary to deliver the goods repeatedly or in another way than specified in the order for reasons on the part of the Buyer, the Buyer is obliged to pay the costs associated with repeated delivery of goods, or costs associated with another method of delivery.
10. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the package and immediately notify the carrier of any defects. If the packaging is not intact, indicating unauthorized opening of the consignment, the Buyer does not have to accept the consignment from the carrier.
11. The Seller will issue an invoice for the Buyer. The invoice will be sent to the Buyer's email address.
12. The Buyer shall acquire ownership of the goods by paying the full purchase price of the goods, including delivery costs, but no sooner than upon taking over the goods.
13. Liability for accidental destruction, damage or loss of the goods shall pass to the Buyer at the moment of takeover of the goods, or the moment when the Buyer was obliged to take over the goods but did not do so in violation of the purchase agreement.

VI. Withdrawal from a purchase agreement

1. A Buyer who has concluded a purchase agreement outside his business as a consumer has the right to withdraw from the purchase agreement.
2. The time limit for withdrawal from a purchase agreement is 14 days:
  • from the takeover of the goods
  • from the day on which the last delivery of goods was taken over, if several types of goods or delivery of several parts are the subject of the agreement
  • from the day of the takeover of the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods
3. Among other things, a Buyer cannot withdraw from a purchase agreement:
  • for the provision of services, if they were performed with his prior express consent before the expiry of the period for withdrawal from the agreement and the Seller informed the Buyer before concluding the contract that in such a case he has no right to withdraw from the contract
  • for the supply of goods or services, the price of which depends on fluctuations of the financial market independently of the will of the Seller and which may occur during the withdrawal period
  • for the delivery of goods that have been modified according to the wishes of the Buyer or for his person
  • for the delivery of perishable goods, as well as goods which have been irretrievably mixed with other goods after delivery
  • for the delivery of goods in a closed package removed by the Buyer from the package that cannot be returned for hygienic reasons
  • in other cases specified in § 1837 of the Civil Code
4. In order to comply with the withdrawal period, the Buyer must send a statement of withdrawal within the withdrawal period.
5. To withdraw from a purchase agreement, the Buyer can use the standard withdrawal form provided by the Seller. The notification of withdrawal from the purchase agreement will be sent by the Buyer to the email address or delivery address of the Seller specified in these Terms and Conditions. The Seller will immediately send a confirmation of the receipt of the form to the Buyer.
6. A Buyer who has withdrawn from a purchase agreement is obliged to return the goods to the Seller within 14 days of withdrawal from the agreement. The Buyer bears the costs associated with the return of goods to the Seller, even if the goods cannot be returned by regular mail due to their nature.
7. If the Buyer withdraws from the agreement, the Seller will immediately, but no later than 14 days after withdrawal from the agreement, reimburse him for all funds, including delivery costs, that he received from him in the same way. The Seller will only return the money received to the Buyer in another way if the Buyer agrees and if he does not incur additional costs.
8. If the Buyer has chosen a method of delivery of goods offered by the Seller other than the cheapest method, the Seller will reimburse the Buyer for the cost of delivery of the goods in the amount corresponding to the cheapest offered method of delivery of goods.
9. If the Buyer withdraws from the purchase agreement, the Seller is not obliged to return the funds received to the Buyer before the Buyer hands over the goods or proves that he sent the goods to the Seller.
10. The Buyer must return the goods to the Seller undamaged, unworn and uncontaminated and, if possible, in the original packaging. The Seller is entitled to unilaterally set off the Buyer's right to compensation for damage caused to the goods against the Buyer's right to a refund of the purchase price.
11. The Seller is entitled to withdraw from the purchase agreement due to sold out goods, unavailability of goods, or if the manufacturer, importer or supplier of goods has interrupted the production or import of goods. The Seller shall immediately inform the Buyer via the email address specified in the order and return all funds, including delivery costs received from him under the agreement, within 14 days of notification of withdrawal from the purchase agreement in the same way, or in the manner specified by the Buyer

VII. Defective performance rights

1. The Seller is accountable for making sure the goods are free of defects upon their receipt by the Buyer. In particular, the Seller is accountable for making sure that when the Buyer took over the goods:
  • the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described by the Seller or the manufacturer, or which the Buyer expected with regard to the nature of the goods and on the basis of their advertising
  • the goods are suitable for the purpose of use listed by the Seller, or for which goods of this kind are usually used
  • the goods correspond in quality or design to the sample or model, if the quality or design was determined according to a sample or model
  • the goods are in the appropriate quantity, measure or weight
  • the goods comply with the requirements of legal regulations
2. The Seller has obligations arising from defective performance at least to the extent to which the obligations from defective performance of the manufacturer persist. The Buyer is otherwise entitled to exercise the right arising from a defect that occurs in the consumer goods within twenty-four months of their receipt.
3. If the period for which the goods can be used is indicated on the goods sold, on their packaging, in the instructions accompanying the goods or in advertising, the provisions on the quality guarantee shall apply. With the quality guarantee, 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 their usual properties. If the Buyer has rightly criticized the Seller for a defect in the goods, the period for exercising rights arising from defective performance or the warranty period shall not run for the period during which the Buyer cannot use the defective goods.
4. The provisions of the preceding paragraph of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price has been arranged, to wear and tear caused by their normal use, to used goods for a defect corresponding to the degree of use or wear upon receipt by the Buyer, or if it is to be expected from the nature of the goods. The Buyer is not entitled to rights arising from defective performance if he knew that the goods were defective before he took over the goods, or if the Buyer himself caused the defect.
5. In the event of a defect, the Buyer may submit a complaint to the Seller and request:
  • an exchange for new goods
  • a reasonable discount from the purchase price
  • withdrawal from the purchase agreement
6. The Buyer is entitled to withdraw from the agreement if:
  • there is a significant defect in the goods
  • there are multiple defects in the goods
7. A substantial breach of the agreement is a breach that the breaching party already knew about or should have known about at the time the agreement was concluded, and due to which the other party would not have concluded the agreement if it had foreseen this breach.
8. In the case of a defect that is a minor breach of the agreement (regardless of whether the defect is remediable or irremediable), the Buyer is entitled to removal of the defect or a reasonable discount on the purchase price.
9. If a remediable defect has occurred repeatedly after repair (usually a third complaint against the same defect, or a fourth for different defects), or the goods have a large number of defects (usually at least three defects simultaneously), the Buyer has the right to claim a discount on the purchase price or replacement of the goods, or to withdraw from the agreement.
10. When making a complaint, the Buyer is obliged to inform the Seller of the option he has chosen. If the Buyer does not choose his right arising from a material breach of contract in due time, he shall have the same rights as in the case of a minor breach of the agreement.
11. If the goods cannot be replaced, upon withdrawal from the agreement the Buyer may demand a refund of the purchase price in full.
12. If the Seller proves that the Buyer knew about the defect in the goods before the takeover, or that the Buyer caused it himself, the Seller is not obliged to comply with the Buyer's claim.
13. The Buyer cannot make a complaint against discounted goods for the reason for which the goods are discounted.
14. The Seller is obliged to accept the complaint in any establishment in which the acceptance of the complaint is possible, or at his registered office or place of business. The Seller is obliged to issue a written confirmation of when the Buyer exercised the right, what is the content of the complaint and what method of handling the complaint the Buyer requests, as well as confirmation of the date and method of handling the complaint, including confirmation of repair and its duration, or written justification of rejection of the complaint.
15. The Buyer is obliged to prove that his right to settle the complaint is justified, i.e. that in addition to alleging defects, he has a document evidencing the price of the goods and the time of purchase of the goods, which he can best prove with a receipt, a warranty card, or in another credible way.
16. The Seller or an employee authorized by him will settle the complaint immediately, or within three working days in complex cases. This period does not include the time appropriate for the type of product or service required for a professional assessment of the defect. Complaints, including the removal of defects, must be settled immediately, no later than 30 days from the date of the complaint, unless the Seller and the Buyer agree on a longer period. The expiration of this period without removal of the defect is considered a material breach of the agreement, and the Buyer has the right to withdraw from the purchase agreement. The moment when the goods are taken over by the Seller shall be considered the filing of a complaint. The Seller will confirm the receipt of the defective goods and thus also confirm the exercise of the right arising from defective performance with an email sent to the Buyer.
17. The Seller shall inform the Buyer about the result of the complaint by email.
18. The Buyer is not entitled to the right arising from defective performance if he knew that the goods were defective before he took over the goods, or if the Buyer himself caused the defect.
19. In the case of a justified complaint, the Buyer has the right to reimbursement of purposefully incurred costs in connection with the complaint. The Buyer can exercise this right within one month after the expiration of the warranty period, otherwise the court does not have to grant it.
20. The Buyer chooses the method of complaint.
21. The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code, and Act no. 634/1992 Coll., on consumer protection.

VIII. Delivery

1. The contracting parties may deliver all written correspondence to each other by electronic mail.
2. The Buyer shall communicate with the Seller using the email address specified in these Terms and Conditions. The Seller shall communicate with the Buyer using the email address specified in his customer account or in the order.

IX. Personal data

1. All information provided by the Buyer in cooperation with the Seller is confidential and shall be treated as such. If the Buyer does not give the Seller written permission, the Buyer's data will not be used by the Seller for purposes other than performance under the agreement, except for email addresses to which he may send commercial communications, as this is permitted by law unless expressly rejected. These communications may only concern similar or related goods, and the Buyer may unsubscribe at any time in a simple manner (by sending a letter or email, or by clicking on a link in the commercial communication). For this purpose, the email address will be kept for a period of 3 years from the conclusion of the last agreement between the contracting parties.
2. For more information about our privacy practices, visit our Privacy Policy HERE.


IX. Out-of-court dispute settlement

1. The Czech Trade Inspection Authority with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID no.: 000 20 869, Internet address: https://adr.coi.cz/cs, has jurisdiction over out-of-court settlement of consumer disputes arising from a purchase agreement. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer arising from a purchase agreement.
2. The European Consumer Centre Czech Republic with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz, is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
3. The Seller is entitled to sell goods on the basis of a trade license. A trade license inspection is carried out within the scope of its competence by the relevant trade licensing office. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act no. 634/1992 Coll., on consumer protection.

X. Final provisions

1. All arrangements between the Seller and the Buyer are governed by the laws of the Czech Republic. If a relationship established by a purchase agreement contains an international element, then the parties agree that the relationship shall be governed by the law of the Czech Republic. This is without prejudice to the consumer's rights arising from generally binding legal regulations.
2. The Seller is not bound by any codes of conduct in relation to the Buyer in the sense of the provisions of § 1826, paragraph 1, subparagraph e) of the Civil Code.
3. All rights to the Seller's website, in particular the copyright to the content, including page layout, photos, videos, graphics, trademarks, logos and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the consent of the Seller.
4. The Seller is not liable for errors caused by third party interventions in the Online Shop or as a result of its use contrary to its purpose. When using the Online Shop, the Buyer may not use procedures that could adversely affect its operation, nor may he perform any activity that could allow him or third parties to interfere or use the software or other components that make up the Online Shop and use the Online Shop, or its parts or software, in such a way that would be contrary to its designation or purpose.
5. The Buyer hereby assumes the risk of a change in circumstances in the sense of § 1765, paragraph 2 of the Civil Code.
6. The purchase agreement, including business conditions, is archived by the Seller in electronic form and is not accessible.
7. The wording of the Terms and Conditions may be changed or amended by the Seller. This provision is without prejudice to the rights and obligations that arose from the previous version of the Terms and Conditions.
8. A form template for withdrawal from the agreement is an annex to the Terms and Conditions.

These Terms and Conditions shall become effective on October 1, 2020.

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E-mail
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