Terms and Conditions and Complaints Procedure

Please note: this is an English translation of the Czech original provided for information. In the event of any discrepancy between the language versions, the Czech wording prevails.

Terms and Conditions and Complaints Procedure

PROQIN PRAGUE s.r.o.., operating the website of the PROQIN winery

with its registered office at Průmyslová 50, 251 63 Strančice

company identification number: 06530915

registered in the Commercial Register kept by the Regional Court in Brno under file number C 56299

for the sale of goods through the online shop located at www.proqin.cz.

1.1. These terms and conditions (the „terms and conditions“) of PROQIN s.r.o., with its registered office at Na Kopečku 628, 691 63 Velké Němčice, company identification number: 27747026, registered in the Commercial Register kept by the Regional Court in Brno under file number C 56299, as the operator of the online shop www.proqin.cz (the „seller“), govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (the „Civil Code“), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (the „purchase contract“) concluded between the seller and another natural person (the „buyer“) through the seller’s online shop. The online shop is operated by the seller on the website located at www.proqin.cz (the „website“), through the website interface (the „web interface of the shop“).

Everyone who visits the e-shop is obliged to comply with applicable law, to act in accordance with good morals and with these terms and conditions when using it. Only a natural person who has reached the age of 18 is entitled to visit the e-shop and open its presentation. The customer always confirms having reached the age of 18 before the e-shop presentation is opened, by clicking the „I agree“ button, which is always displayed before the e-shop presentation together with a notice of the requirement to be at least 18 years old.

The seller hereby declares and gives notice that visiting the e-shop, and the ordering and sale of alcoholic beverages (the „goods“) to natural persons under the age of 18, is prohibited.

1.2. The terms and conditions do not apply to cases where the person intending to buy goods from the seller is a legal entity or a person acting in the course of their business activity or in the course of their independent profession when ordering the goods.

1.3. Provisions differing from the terms and conditions may be agreed in the purchase contract. Differing arrangements in the purchase contract take precedence over the provisions of the terms and conditions.

1.4. The provisions of the terms and conditions form an integral part of the purchase contract. The purchase contract and the terms and conditions are drawn up in the Czech language. The purchase contract may be concluded in the Czech, Slovak and English language.

1.5. The seller may amend or supplement the wording of the terms and conditions. This provision is without prejudice to the rights and obligations arising during the period of effect of the previous wording of the terms and conditions.

2.1. On the basis of the buyer’s registration on the website, the buyer may access their user interface. From that user interface the buyer may order goods (the „user account“). Where the web interface of the shop allows it, the buyer may 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 state all details correctly and truthfully. The buyer is obliged to update the details in the user account whenever they change. The details stated by the buyer in the user account and when ordering goods are considered correct by the seller.

2.3. Access to the user account is secured by a user name and a password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their user account.

2.4. The buyer is not entitled to allow third parties to use the user account.

2.5. The seller may cancel a user account, in particular where the buyer has not used it for more than 1 year, or where the buyer breaches their obligations under the purchase contract (including the terms and conditions).

2.6. The buyer acknowledges that the user account need not be available continuously, in particular with regard to necessary maintenance of the seller’s hardware and software, or necessary maintenance of third-party hardware and software.

3.1. All presentation of goods in the web interface of the shop is of an informative nature and the seller is not obliged to conclude a purchase contract regarding those goods. Section 1732(2) of the Civil Code does not apply.

3.2. The web interface of the shop contains information about the goods, including the prices of individual goods. Prices of goods are stated including value added tax and all related charges. Prices of goods remain valid for as long as they are displayed in the web interface of the shop. This provision does not limit the seller’s ability to conclude a purchase contract on individually agreed terms.

3.3. The web interface of the shop also contains information about the costs associated with packaging and delivery of the goods. The information about the costs associated with packaging and delivery of the goods stated in the web interface of the shop applies only where the goods are delivered within the territory of the Czech Republic.

3.4. To order goods, the buyer completes the order form in the web interface of the shop. The order form contains in particular information about:

3.4.1. the goods ordered (the buyer „places“ the ordered goods in the electronic shopping basket of the web interface of the shop),

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 about the costs associated with delivery of the goods (jointly the „order“).

3.5. Before the order is sent to the seller, the buyer is able to check and change the data entered in the order, including with regard to the buyer’s ability to detect and correct errors arising when entering data into the order. The buyer sends the order to the seller by clicking the „Order“ button. The data stated in the order is considered correct by the seller. Immediately upon receipt of the order the seller shall confirm that receipt to the buyer by e-mail, to the buyer’s e-mail address stated in the user interface or in the order (the „buyer’s e-mail address“).

3.6. Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated delivery costs), the seller is always entitled to ask the buyer for additional confirmation of the order (for example in writing or by telephone).

3.7. The contractual relationship between the seller and the buyer arises upon delivery of the acceptance of the order, which is sent by the seller to the buyer by e-mail, to the buyer’s e-mail address.

3.8. The buyer consents to the use of means of distance communication when concluding the purchase contract. 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) are borne by the buyer, and those costs do not differ from the basic rate.

4.1. The buyer may pay the seller the price of the goods and any costs associated with delivery of the goods under the purchase contract in the following ways:

in cash on delivery at the place specified by the buyer in the order;

by bank transfer to the seller’s account no. 2800924171/2010, held with Fio banka, a.s., V Celnici 1028/10, Prague 1, Czech Republic (the „seller’s account“);

by payment card through the GoPay payment system.

4.2. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price is hereinafter understood to include the costs associated with delivery of the goods.

4.3. The seller does not require a deposit or any similar payment from the buyer. This is without prejudice to article 4.6 of the terms and conditions concerning the obligation to pay the purchase price in advance.

4.4. Where payment is made in cash or on delivery, the purchase price is payable on receipt of the goods. Where payment is made by bank transfer, the purchase price is payable within 7 days of conclusion of the purchase contract.

4.5. Where payment is made by bank transfer, the buyer is obliged to pay the purchase price together with the variable symbol of the payment. Where payment is made by bank transfer, the buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller’s account.

4.6. The seller is entitled, in particular where the buyer does not additionally confirm the order (art. 3.6), to require payment of the full purchase price before the goods are dispatched to the buyer. Section 2119(1) of the Civil Code does not apply.

4.7. Any discounts on the price of the goods granted by the seller to the buyer cannot be combined with one another.

4.8. Where it is customary in business dealings or where generally binding legal regulations so provide, the seller shall issue the buyer a tax document – an invoice – in respect of payments made under the purchase contract. The seller is a value added tax payer. The seller shall issue the tax document – invoice – to the buyer after the price of the goods has been paid and shall send it electronically to the buyer’s e-mail address.

5.1. The buyer acknowledges that, under Section 1837 of the Civil Code, it is not possible to withdraw, among other things, from a purchase contract for the supply of goods that have been adjusted according to the buyer’s wishes or for the buyer’s person, from a purchase contract for the supply of perishable goods or goods that have been irreversibly mixed with other goods after delivery, from a purchase contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygiene reasons, and from a purchase contract for the supply of an audio or video recording or a computer program if the original packaging has been damaged.

5.2. Where the case in art. 5.1 or another case in which withdrawal from the purchase contract is not possible does not apply, the buyer has the right, in accordance with Section 1829(1) of the Civil Code, to withdraw from the purchase contract within fourteen (14) days of taking delivery of the goods; where the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the day of taking delivery of the last consignment of goods. The withdrawal from the purchase contract must be sent to the seller within the period stated in the preceding sentence. The buyer may send the withdrawal from the purchase contract, among other options, to the address of the seller’s premises or to the seller’s e-mail address proqin@proqin.cz.

5.3. In the event of withdrawal from the purchase contract under art. 5.2 of the terms and conditions, the purchase contract is 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 bears the costs associated with returning the goods to the seller, including where the goods cannot be returned by ordinary post due to their nature.

5.4. In the event of withdrawal from the contract under art. 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 purchase contract, by the same means as the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer already upon the return of the goods by the buyer, or in another manner, provided the buyer agrees and no additional costs arise for the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that the goods have been sent to the entrepreneur.

5.5. The seller is entitled to unilaterally set off a claim for compensation for damage caused to the goods against the buyer’s claim for the return of the purchase price.

5.6. Until the goods are taken over by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case the seller shall return the purchase price to the buyer without undue delay, by bank transfer to the account specified by the buyer.

5.7. Where a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded subject to the condition subsequent that, should the buyer withdraw from the purchase contract, the gift contract regarding that gift ceases to be effective and the buyer is obliged to return the gift together with the goods to the seller.

6.1. Where the method of transport is agreed on the basis of a special request from the buyer, the buyer bears the risk and any additional costs associated with that method of transport.

6.2. Where 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 delivery of the goods.

6.3. Where, for reasons on the buyer’s side, the goods have to be delivered repeatedly or by a method other than that stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery, or the costs associated with the other method of delivery.

6.4. On taking delivery of the goods from the carrier, the buyer is obliged to check that the packaging is intact and to notify the carrier immediately of any defects. If the packaging shows signs of unauthorised entry into the consignment, the buyer need not accept the consignment from the carrier.

6.5. On taking delivery of the goods from the carrier, the buyer may be asked to prove their identity.

6.6. Further rights and obligations of the parties in the carriage of goods may be governed by the seller’s special delivery terms, where issued by the seller.

7.1. The rights and obligations of the parties regarding rights arising from defective performance are governed by the relevant generally binding regulations (in particular Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code).

7.2. The seller is liable to the buyer for the goods being free of defects on receipt. In particular, the seller is 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 an agreement, such characteristics as the seller or the manufacturer described or as the buyer expected with regard to the nature of the goods and on the basis of the advertising they carried out,

7.2.2. the goods are fit for the purpose stated by the seller for their use, or for which goods of that kind are usually used,

7.2.3. the goods correspond in quality or workmanship to the agreed sample or model, where the quality or workmanship was determined according to an agreed sample or model,

7.2.4. the goods are in the corresponding quantity, measure or weight, and

7.2.5. the goods comply with the requirements of legal regulations.

7.3. The provisions of art. 7.2 of the terms and conditions do not apply to goods sold at a lower price in respect of the defect for which the lower price was agreed, to wear and tear caused by ordinary use, to a defect in used goods corresponding to the degree of use or wear the goods had when taken over by the buyer, or where this follows from the nature of the goods.

7.4. Where a defect becomes apparent within six months of receipt, the goods are deemed to have been defective already on receipt.

7.5. The buyer exercises rights arising from defective performance with the seller at the address of the seller’s premises where acceptance of the complaint is possible with regard to the range of goods sold. The moment the complaint is made is considered to be the moment the seller received the goods complained of from the buyer.

7.6. Further rights and obligations of the parties relating to the seller’s liability for defects may be governed by the seller’s complaints procedure.

8.1. The buyer acquires ownership of the goods upon payment of the full purchase price of the goods.

8.2. In relation to the buyer, the seller is not bound by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.

8.3. Out-of-court handling of consumer complaints is provided by the seller through the e-mail address info@vina-sekty.cz. The seller shall send information about the handling of the buyer’s complaint to the buyer’s e-mail address.

8.4. The seller is authorised to sell goods on the basis of a trade licence. Trade inspection is carried out within its remit by the relevant trade licensing office. Supervision of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, within a defined scope, supervision of compliance with Act No. 634/1992 Coll., on consumer protection, as amended, among other things.

8.5. The buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.

9.1. The protection of the personal data of a buyer who is a natural person is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended.

9.2. The buyer consents to the processing of the following personal data: name and surname, residential address, company identification number, tax identification number, e-mail address and telephone number (hereinafter jointly referred to as „personal data“).

9.3. The buyer consents to the processing of personal data by the seller for the purpose of exercising the rights and obligations arising from the purchase contract and for the purpose of maintaining the user account. Unless the buyer chooses otherwise, the buyer also consents to the processing of personal data by the seller for the purpose of sending information and commercial communications to the buyer. Consent to the processing of personal data in the full scope of this article is not a condition that would in itself prevent the conclusion of the purchase contract.

9.4. The buyer acknowledges the obligation to state personal data correctly and truthfully (when registering, in the user account and when placing an order through the web interface of the shop) and the obligation to inform the seller of any change in that personal data without undue delay.

9.5. The seller may entrust the processing of the buyer’s personal data to a third party acting as a processor. Apart from the parties transporting the goods, personal data will not be passed on to third parties by the seller without the buyer’s prior consent.

9.6. Personal data will be processed for an indefinite period. Personal data will be processed in electronic form by automated means or in printed form by non-automated means.

9.7. The buyer confirms that the personal data provided is accurate and that the buyer has been informed that the provision of personal data is voluntary.

9.8. Should the buyer believe that the seller or the processor (art. 9.5) is processing the buyer’s personal data in a manner contrary to the protection of the buyer’s private and personal life or contrary to the law, in particular where the personal data is inaccurate with regard to the purpose of processing, the buyer may:

9.8.1. ask the seller or the processor for an explanation,

9.8.2. require the seller or the processor to remedy the situation.

9.9. If the buyer requests information about the processing of their personal data, the seller is obliged to provide it. The seller is entitled to require reasonable payment for providing the information under the preceding sentence, not exceeding the costs necessary to provide it.

10.1. The buyer consents to receiving information relating to the goods, services or business of the seller at the buyer’s e-mail address and further consents to receiving commercial communications from the seller at the buyer’s e-mail address.

10.2. The buyer consents to the storing of cookies on their computer. Where a purchase can be made on the website and the seller’s obligations under the purchase contract can be fulfilled without cookies being stored on the buyer’s computer, the buyer may withdraw the consent under the preceding sentence at any time.

11.1. Communications may be delivered to the buyer at the e-mail address stated in the user account or stated by the buyer in the order.

12.1. Where the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This is without prejudice to consumer rights arising from generally binding legal regulations.

12.2. Where any provision of the terms and conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions. Amendments and supplements to the purchase contract or the terms and conditions require written form.

12.3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

12.4. Contact details of the seller:

address for delivery: PROQIN s.r.o., Na Kopečku 628, 691 63 Velké Němčice

e-mail address: proqin@proqin.cz

telephone: +420 606 685 594.

PROQIN s.r.o.