General conditions of business
I. General provisions
This General Conditions of Business (hereinafter the "Conditions")
shall govern all legal relationships arising between the company ZUSY
s.r.o., Identification number: 26224496, with its registered seat at
Czech Republic, Borsice u Blatnice 57, Postal Code: 687 63, registered
in the Commercial Register held by the District Court in Brno, section
C, file number 37985, owning web sites www.goodmood.cz (hereinafter the "seller" only) and individuals and legal entities during the sale of goods through web sites www.goodmood.cz, an internet shop (hereinafter the "buyer" or "customer").
II. Definitions
The "Acceptant" shall mean an address of an individual or a legal
entity's address that is used for delivery of the Goods based on an
order. The Acceptant may be a customer or any other person specified in
the order by the customer.
The "Goods" shall mean a thing or things offered by the seller for
purchase and delivery in the offer published on the internet web sites www.goodmood.cz and that is bought by a customer via the Internet order.
The "Delivery of the Goods" shall mean submission the Goods by the
seller for transport via post service to the Place of delivery.
The "Payment day for the Goods" shall mean the day when the price for the Goods is credited to the seller's account.
The "Internet order" shall mean placement of the selected Goods into
so-called "shopping basket" or "your basket" by clicking the "add to
your basket" button and filling in all requested data on all forms that
are displayed after clicking the "check out" icon.
The "Purchase contract" shall mean a contract concluded according to
sections 503 and seq. of Act No. 40/1964 Coll., Civil Code, between the
seller and the buyer, whose subject shall be the purchase of the Goods
for the price according to the current price list.
The "Confirmation of the order" shall be the seller's notice sent by
e-mail to the buyer informing him that the order has been accepted.
The "Internet offer of the Goods" shall mean a current offer of the
Goods together with a price list published by the seller on the
internet sites www.goodmood.cz.
The "Place of delivery" shall be an address or a place specified by a customer for delivery by the seller.
III. The Order
- Only orders accompanied by a properly and fully completed order form by the customer will be accepted.
- The order shall be deemed an offer for conclusion of a Purchase contract after due completion of the order. The Purchase contract shall be concluded following Confirmation of the order by the seller and payment for the Goods by the buyer.
IV. The Prices
- The customer hereby declares he is familiar with the seller´s prices set in Euro currency that are available on the website www.goodmood.cz.
- Payment for the Goods can be made by credit cards VISA, VISA Electron, MasterCard or Maestro.
V. The Delivery
- The seller shall send the Goods that have been ordered and paid for the customer pursuant to the Internet order to the stated Place of delivery. The customer may also pick up the ordered and paid for Goods personally at the registered address of the seller.
- At the moment of the Confirmation of the order and after the Goods have been paid for the seller is obliged to send the Goods to the Place of delivery within 5 business days following the Payment day for the Goods. The seller reserves the right to extend the date of delivery in case of delays caused by force majeure. Force majeure also means any situation in air or road traffic that prevents the seller from sending the Goods to the Place of delivery by usual means of transport.
- The obligation of the seller under the Purchase contract shall be completed by sending the Goods to the customer or a beneficiary on the address of Place of delivery.
- In case
- the customer or a beneficiary refuses to receive the Goods at the Place of delivery,
- any statement(s) of the customer, particularly the statement as per the section VII. subsection 2 hereunder is(are) untrue and consequently the Goods are not able to be delivered to the customer or a beneficiary,
- Should the Goods be undeliverable for other reasons, particularly
if the address is incorrect or not existing or the Acceptant is not
present (hereinafter the "Undeliverable Goods"), the contractual
parties shall deem the customer to have withdrawn from the Purchase
contract. The seller shall have the right to be indemnified by the
customer for previously incurred costs related to delivery of the Goods.
- The customer shall have the right to withdraw from the Purchase contract within 14 days following the date of delivery of the Goods. In case of withdrawal from the Purchase contract the customer is obliged to send the Goods back to the seller's registered address in the original unopened package and the seller is obliged to return the purchase price to the customer following seller's receipt of the Goods.
- The seller is obliged to meet his obligations arising from the Purchase contract in a timely fashion and with due care.
- The seller is obliged to protect, within his capacity, the customer's rights and legitimate interests.
- The seller shall:
- send the Goods to the address stated in the order provided he confirms the customer's order,
- inform the customer if he is not able to deliver the Goods to the Place of delivery, and agree upon any further steps to be taken,
- protect all personal data about the customer acquired within the scope of the seller's activity.
- The seller shall not disclose any data about his customers to third parties nor is he allowed to use the data for another purpose (excluding the services he offers in accordance with these Conditions). By making the order, the customer agrees that the seller can use the customer's personal data in a manner in keeping with the terms and limitations of the contract.
- The customer shall familiarise himself with current delivery conditions of the Goods on the web site www.goodmood.cz and with these Conditions.
- The seller reserves the right not to deliver the Goods in case the Place of delivery is an inaccessible location, or a place accessible only by extraordinary effort, or any other unsuitable place.
- The customer shall ensure that a person entitled to receive the Confirmed and ordered Goods will be present at the Place of delivery. The customer is obliged to ensure that the Acceptant shall be qualified to receive the Goods.
- The customer shall:
- order the purchase on the internet web site by completing the Internet order form with all requested data,
- state the precise and unmistakable address of the Place of delivery in the Internet order,
- pay the purchase price of the Goods,
- confirm receipt of the Goods on an official, transport or delivery list designated for that purpose.
- The customer declares that
- he complies at the time he makes the order of the Goods from the assortment of the internet shop www. goodmood.cz to all conditions for purchase and import of alcohol (spirits) that are required by legislation at the Place of delivery, particularly he meets the conditions regarding the age,
- when making the order the legislation at the Place of delivery enables import ordered quantity of alcohol (spirits) for personal need without any duty,
- legislation of Place of delivery enables to dispatch alcohol (spirits) purchased for personal need from the assortment of the internet shop www.goodmood.cz by post office (to dispatch the Goods).
- The seller shall be liable for defects of delivered Goods that have occurred on the Goods at the moment of delivery and within the warranty period which equals to 24 months following the day of delivery.
- The seller shall be liable for defects of the Goods according to relevant sections of the Civil Code, other applicable law or regulations and these Conditions.
- In all cases the seller shall be liable only for real damages. Liability for loss and consecutive damages is excluded.
- The rights arising from liability for defects of the Goods subject to warranty period shall expire unless the rights claimed during the warranty period.
- Claims arising from liability for defects or damages shall expire unless claimed during the relevant period within the terms of this article.
- The content of these Conditions as subsequently amended, is obligatory for both the seller and the buyer and forms an integral part of the Purchase contract concluded between the seller and the buyer.
- These Conditions shall apply on all transactions executed in the internet shop www.goodmood.cz including all related services provided in respect of the transactions. It is possible to divert from these Conditions upon written agreement between the seller and the customer only.
- These Conditions shall prevail to any possible different declaration of a person who represents the seller, provided such different declaration is made in written form and signed by a person who is authorized to act on behalf of the seller according the relevant law.
- These Conditions are published on publicly available information system (Internet) on the web site address: www.goodmood.cz. Conditions and their version published on publicly available information system (Internet), the version published on publicly available information system (Internet) shall prevail, such version is also the only authenticated version of these Conditions.
- The contractual parties hereby declare they are aware of the fact that all transactions executed in the internet shop www.goodmood.cz are transactions executed in the Czech Republic and are therefore subject of the Czech law.
- The contractual parties shall endeavour to settle all disputes arising from the Purchase contract or from these Conditions in an amicable manner. If an amicable settlement cannot be reached, the dispute shall be referred for final decision by application of the rules of procedure of the Arbitration Court attached to the Economic and Agrarian Chamber of the Czech Republic (hereinafter the "Arbitration Court" only) by three arbiters appointed according to rules and procedures of Arbitration Court. The contractual parties shall meet all obligations stated in an arbitration award within the periods stated therein.
VI. The rights and obligations of contractual parties
- The customer shall have the right to withdraw from the Purchase contract within 14 days following the date of delivery of the Goods. In case of withdrawal from the Purchase contract the customer is obliged to send the Goods back to the seller's registered address in the original unopened package and the seller is obliged to return the purchase price to the customer following seller's receipt of the Goods.
- The seller is obliged to meet his obligations arising from the Purchase contract in a timely fashion and with due care.
- The seller is obliged to protect, within his capacity, the customer's rights and legitimate interests.
- The seller shall:
- send the Goods to the address stated in the order provided he confirms the customer's order,
- inform the customer if he is not able to deliver the Goods to the Place of delivery, and agree upon any further steps to be taken,
- protect all personal data about the customer acquired within the scope of the seller's activity.
- The seller shall not disclose any data about his customers to third parties nor is he allowed to use the data for another purpose (excluding the services he offers in accordance with these Conditions). By making the order, the customer agrees that the seller can use the customer's personal data in a manner in keeping with the terms and limitations of the contract.
- The customer shall familiarise himself with current delivery conditions of the Goods on the web site www.goodmood.cz and with these Conditions.
- The seller reserves the right not to deliver the Goods in case the Place of delivery is an inaccessible location, or a place accessible only by extraordinary effort, or any other unsuitable place.
- The customer shall ensure that a person entitled to receive the Confirmed and ordered Goods will be present at the Place of delivery. The customer is obliged to ensure that the Acceptant shall be qualified to receive the Goods.
VII. Representations of contractual parties
- The customer shall:
- order the purchase on the internet web site by completing the Internet order form with all requested data,
- state the precise and unmistakable address of the Place of delivery in the Internet order,
- pay the purchase price of the Goods,
- confirm receipt of the Goods on an official, transport or delivery list designated for that purpose.
- The customer declares that
- he complies at the time he makes the order of the Goods from the assortment of the internet shop www. goodmood.cz to all conditions for purchase and import of alcohol (spirits) that are required by legislation at the Place of delivery, particularly he meets the conditions regarding the age,
- when making the order the legislation at the Place of delivery enables import ordered quantity of alcohol (spirits) for personal need without any duty,
- legislation of Place of delivery enables to dispatch alcohol (spirits) purchased for personal need from the assortment of the internet shop www.goodmood.cz by post office (to dispatch the Goods).
VIII. Liability for defects of the Goods
- The seller shall be liable for defects of delivered Goods that have occurred on the Goods at the moment of delivery and within the warranty period which equals to 24 months following the day of delivery.
- The seller shall be liable for defects of the Goods according to relevant sections of the Civil Code, other applicable law or regulations and these Conditions.
- In all cases the seller shall be liable only for real damages. Liability for loss and consecutive damages is excluded.
- The rights arising from liability for defects of the Goods subject to warranty period shall expire unless the rights claimed during the warranty period.
- Claims arising from liability for defects or damages shall expire unless claimed during the relevant period within the terms of this article.
IX. Final provisions
- The content of these Conditions as subsequently amended, is obligatory for both the seller and the buyer and forms an integral part of the Purchase contract concluded between the seller and the buyer.
- These Conditions shall apply on all transactions executed in the internet shop www.goodmood.cz including all related services provided in respect of the transactions. It is possible to divert from these Conditions upon written agreement between the seller and the customer only.
- These Conditions shall prevail to any possible different declaration of a person who represents the seller, provided such different declaration is made in written form and signed by a person who is authorized to act on behalf of the seller according the relevant law.
- These Conditions are published on publicly available information system (Internet) on the web site address: www.goodmood.cz. Conditions and their version published on publicly available information system (Internet), the version published on publicly available information system (Internet) shall prevail, such version is also the only authenticated version of these Conditions.
- The contractual parties hereby declare they are aware of the fact that all transactions executed in the internet shop www.goodmood.cz are transactions executed in the Czech Republic and are therefore subject of the Czech law.
- The contractual parties shall endeavour to settle all disputes arising from the Purchase contract or from these Conditions in an amicable manner. If an amicable settlement cannot be reached, the dispute shall be referred for final decision by application of the rules of procedure of the Arbitration Court attached to the Economic and Agrarian Chamber of the Czech Republic (hereinafter the "Arbitration Court" only) by three arbiters appointed according to rules and procedures of Arbitration Court. The contractual parties shall meet all obligations stated in an arbitration award within the periods stated therein.
In Borsice u Blatnice on May 1, 2008