HAKSNA BREWERY

No alcohol sold to under 18s.

1.  BY WAY OF INTRODUCTION

• Our e-shop HAKSNA BREWERY with a first-class beer assortment is operated by the company HAKSNA BREWERY s.r.o. with its registered office at Svornosti 737/100, Ostrava, 700 30, ID No.: 07673710, registered in the Commercial Register maintained by the Regional Court in Ostrava under the registration number B 4434. HAKSNA BREWERY s.r.o. will be referred to as "we" in the first person plural.

 

•   When you order anything, but really anything, from our website https://haksna.cz (shortened to "our Website"), let us agree here and now that the legal relationship created will be governed by these HAKSNA BREWERY TERMS AND CONDITIONS. For the sake of simplicity, we will only use the abbreviation "e-shop OP" or "these e-shop OP".

 

•  We will be straightforward and not hide you behind any terms. For us, in these e-shop OPs you will simply be "you" - so we will refer to you in the second person plural. You are everyone who buys something from us, whether you are a consumer or a business. However, sometimes the terms are a little different for consumers. We will tell you these later in these e-shop T&Cs.

 

• You have probably understood that what is in quotation marks is an abbreviation and has a well-defined meaning.

 

• These e-shop OPs are governed by Czech law, in particular Act No. 89/2012, the Civil Code. Since we will use this code from time to time, we will abbreviate it to "OZ". Our contractual relationship is concluded only in the Czech language.

 

•   Sometimes doing business is not easy and entails a lot of trouble. If the boundaries and rules of the game are set, everyone will know what they can and cannot do and what awaits them if they break the rules. Let's do it.

 

2.              WHAT WE CONCLUDE

2.1.        All goods you buy from us will first be placed in a virtual shopping cart. Once you have everything you need in your shopping cart, we will arrange a pickup location and payment method. You then identify yourself, or your company, and submit your order. This is binding and you can't just back out. Registered users skip the identification step. We'll talk about registration below.

2.2.        The listing of our goods on our Website, including their price, is for information purposes only and does not constitute an offer to conclude a contract within the meaning of section 1732 of the Civil Code. If you take the steps set out in section 2.1 of the e-shop OP and you get as far as placing an order, you are making an offer to conclude a purchase contract.

2.3.        You can freely check and change the subject of your order and other details before clicking the "submit order" button.

2.4.        We will take a look at your offer and if everything is in order, we will send you an e-mail accepting your offer. The purchase contract between you and us is in place. However, if something doesn't fit or doesn't seem right, we will confirm acceptance of your offer and invite you to either complete the details or other information or we will not accept your offer. We will let you know by email.

2.5.        We take it that by submitting your order you agree to the use of remote means of communication for the conclusion of the purchase contract. That's probably obvious, but we need to put it in writing. It has already been said, but for the sake of argument, we further state that the following e-shop OPs are part of the concluded purchase contract.

 

3.              OUR PRETTY BOYS / REGISTRATION

3.1.        If you want to shop with us more often, we recommend you register. We have a simple form on our website to register. By filling in a few details, you can save time on future orders. In addition, you will receive many other benefits on an ongoing basis. By registering you will get your own account (shortened to "My Account").

3.2.        Access to My Account is secured by your login details: your email and the password you have chosen. We do not have access to your password and only you know it. If you forget your password, our automated password machine will send you an email at your request with information to set a new password. You can change your password at any time in My Account.

3.3.        In order to prevent misuse of My Account and at the same time not to violate our legal obligations, you may not allow third parties to use My Account.

3.4.        Let's agree that you will enter all information into My Account correctly and truthfully. It is your responsibility to update the information in My Account. If any information you have previously provided in My Account changes, please update it.

3.5.        If you breach any of your obligations to us, we may temporarily prevent you from accessing My Account or terminate it outright. We also agree that if you do not actively use My Account for at least 12 months, we may terminate it.

3.6.        You have an obligation to protect your email and password against misuse. If you disclose your login email or password to anyone, you will be held responsible. Any use of your My Account by that third party is then your responsibility and you are responsible for it as if you were using My Account yourself.

3.7.        As soon as you believe that your login email and password may have been stolen or your My Account may have been misused, you are obliged to contact us immediately and ask us to block your access.

 

4.              HOW MUCH AND HOW TO PAY

4.1.        The prices quoted for individual items on our Website are for information only and are not binding. The price becomes binding only upon our acceptance of your offer according to point 2.3. of these Terms and Conditions of the e-shop. The price so agreed is contractual and final. In principle, however, you will have the prices listed on our Website, but hopefully you understand that we also have to protect ourselves in case something goes wrong or raw materials become more expensive. Therefore, if an item is already priced differently, we will let you know by email and you can decide whether to accept the new price.

4.2.        The prices on our Website are listed both with and without VAT, so you can get an idea of how much goes to us and how much goes to our state. Unless otherwise stated, the price is always inclusive of VAT and all related charges. The price for the goods is always added to the price for the chosen payment method.

4.3.        Personal collection at the address of our outlets:

• OSTRAVA – areál STAROBĚLSKÝ PIVOVAR (Proskovická 1169/215, Stará Bělá, 724 00 Ostrava);

4.4.        We deliver the goods only after payment of the agreed price, unless we agree otherwise in rare cases. Let us agree that we will not comply with Section 2119 (1) of the Civil Code. You can choose how you want to pay from the following options:

a.              cashless - transfer to our account before the goods are shipped;

b.              cashless - according to other options on our Website;

c.              in cash - upon personal collection.

4.5.        Whether you pay cash or non-cash, the price is payable on receipt of the goods. This means that if we do not have the money in the account when you receive the goods, we will not issue them to you, or we will cancel your order, or more precisely, we will withdraw from the purchase contract.

4.6.        Let's agree that for non-cash payments you will indicate the variable symbol assigned by us. Furthermore, the price is only paid when it is credited to our account.

4.7.        As far as the invoice is concerned, it will of course have all the necessary details and we will send it to your e-mail or hand it over to you personally upon receipt.

4.8.        If we send the goods to you and you do not collect them for any reason on your end, this is your responsibility. If the goods are perishable and you do not collect them as agreed, we will agree to try to sell the goods at their price, possibly at a discount if they are close to their expiry date. However, if we do not sell it, its price is due to us as damages. If we manage to sell the goods, we will deduct the price at which we sold them from the damages.

4.9.       Here is another mandatory information, now from Act No. 112/2016 Coll., on the registration of sales, as amended: according to the Act on the registration of sales, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in case of technical failure, then within 48 hours at the latest.

 

5.             WHEN THE GOODS WILL REACH YOU AND WHEN THEY WILL BE YOURS

5.1.        Basically, you choose the release date when ordering from the offer on our Website and we will do our best to meet it. Rarely, we may not be able to keep up and it will take us time. If we are unable to keep up, we will let you know by email of an alternative release date. However, we do not commit to any delivery date.

5.2.        When you collect your goods from our outlets, please check the packaging carefully for integrity. If you find any damage to the packaging, please notify us immediately. If the packaging is damaged in such a way that the goods may also be damaged, you do not need to collect the goods from us. Please check the goods themselves as soon as possible upon receipt to avoid unnecessary inconvenience.

5.3.        If you order goods with delivery to your chosen address, we will deliver them as soon as possible. If you choose to pay in advance, we will send it when you have paid the full amount for the goods.

5.4.        To be on the safe side, we are now negotiating a retention of title whereby you will only become the owner of the goods upon full payment of the agreed price.

5.5.       Attention! Most of our goods are fresh, so they are perishable. Please consume the goods as soon as possible after opening (if they are consumable). Always store ready-to-eat goods at a temperature below 8 degrees ˚C.

 

6.              RESPONSIBILITY ABOVE ALL

6.1.        We are responsible for the goods being free from defects with the usual characteristics and in the appropriate quantity, measure or weight. Please note that we are not responsible for the errors of others such as internet services. Fair enough.

6.2.        We also provide you with a quality guarantee (warranty period) for the purchased goods in the case of food and beverages until their expiry date or minimum shelf life, or until the goods are to be consumed. However, the buyer must comply with the conditions for their storage. The food or drink complained of should not be opened, except where strictly necessary to establish the defect.

6.3.        Clauses 6.1. and 6.2. of these e-shop T&Cs may not always apply. These are the following cases:

a.              we are not responsible for any defect for which a lower price has been agreed;

b.              we are not responsible for wear and tear caused by normal use;

c.              u použitého zboží nejsme odpovědní za vadu odpovídající míře jeho používání a opotřebení, kterou zboží mělo při jeho dodání vám.

6.4.        If you feel that we have not followed what we agreed, for example that the goods do not have the characteristics they should have, do not be afraid to call us. We will face it. You have a duty to let us know about the fault (make a claim) without undue delay, when you have had a chance to inspect the goods and find out about the fault, but beware:

a.            for food and beverages, but no later than the end of the warranty period according to point 6.2 of the e-shop OP;

b.             in the case of non-food goods, not later than six (6) months from the date of delivery of the goods.

6.5.        You can make a claim in several ways:

1. in person at our registered office: Proskovická 1169/215, Stará Bělá, 724 00 Ostrava;
2. in person at the address of other dispensing points according to point 4.3. of these e-shop OP;
3. or by e-mail to the following address: info@haksna.cz;

However, you must also bring the claimed goods to assess the validity of the claim without undue delay within two (2) days of the claim. Ideally, you should come in person and take the goods with you.

6.6.       Please provide us with the following information to ensure a speedy resolution of your complaint:

a.              your identification information: first name, last name, email, phone number, or company name if you purchased on behalf of a company;

b.             describe to us what the complaint concerns; please also attach the documents relating to the complaint and, if applicable, photos;

c.              tell us what you're asking us to do.

6.7.        To make sure that we deal with your claim, we will confirm receipt of your claim in writing if we do not resolve the claim immediately. In the acknowledgement we will tell you when your claim came to us, what it contains and what you require. Please note that we may ask you for any additions or clarifications during the course of dealing with your complaint. However, the time you take to complete or clarify your claim will not count towards the time taken to process your claim.

6.8.       We will deal with your complaint as soon as possible, but no later than thirty (30) days. We will take care to assess whether the claim is justified or not.

6.9.        After the assessment, you will receive a complaint resolution report from us. In the report we will inform you of:

1. deciding whether the complaint is justified or not;
2. the reasoning that led us to the decision;
3. instructions on what to do if you disagree with our decision.

 

6.10.    If you return a keg that you find defective, it must contain at least 90% of the volume of beer, the cap with the expiry date and the documents we

6.11.    We hope you will be pleased to know that there is no charge for making and processing a claim.

6.12.    It may also be that we will not accept your claim at all. We do this for three reasons: we are already dealing with a similar complaint from you, we have already dealt with the same complaint or you are making a late complaint.

6.13.    Do you know what you can ask for when making a claim? In the event that a legitimate defect in the goods can be remedied, you have the right to have what is missing repaired or completed or to a reasonable discount on the price. If the defect is not remediable and the goods cannot be used properly, you can withdraw from the contract of sale or claim a reasonable discount on the price.

6.14.    If you wish to read the literal wording of the sections concerning rights from defective performance, we refer you to the following provisions: sections 1914 to 1925 CC, sections 2099 to 2117 CC, sections 2161 to 2174 CC and generally to Act No. 634/1992 Coll., on Consumer Protection.

6.15.    On the other hand, you must also be liable. So let's agree that if you cause us damage, you will reimburse us. Let us then determine the damage as follows:

a.              for not returning or damaging the KEG (so that it cannot be used again), we will incur damages in the amount of CZK 2,000.

6.16.    We agree that we will set off this damage referred to in clause 6.14. of the e-shop OP against the refundable deposit for the kegs.

 

7.              COMMUNICATION AND DELIVERY

7.1.       We live in a digital age and it will certainly be more convenient for us and for you if we communicate electronically via our website and e-mail or by mobile phone. We will therefore primarily deliver documents, notices, notices or other information to each other electronically. If this is not possible electronically, we may deliver by postal services or in person.

 

8.           FOR CONSUMERS

8.1.       Let's first say who the consumer is. Section 419 of the Civil Code defines a consumer as follows: 'A consumer is any person who, outside the scope of his business activity or outside the scope of the independent exercise of his profession, enters into a contract with an entrepreneur or otherwise deals with him'.

8.2.        The consumer is considered by our laws to be the weaker party, and the weaker party needs to be protected. One way of protecting them is that we have to inform you about various things. So what you should know:

1. you pay the cost of the means of long-distance communication (internet, telephone) yourself; however, this does not differ from your operator's basic rate
2. you do not pay any deposit for the goods, as the price of the goods is paid in principle in advance; the deposit is paid for the items you return to us (such as kegs, drinking equipment, etc.);
3. for out-of-court complaint handling, please contact us by e-mail:

info@haksna.cz; we will confirm to your e-mail that we have received your complaint; we will then also send you information about the handling of your complaint to your e-mail;

1. you have the right to an out-of-court resolution of a consumer dispute; the entity responsible for out-of-court resolution of consumer disputes is the Czech Trade Inspection Authority, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID No: 000 20 869, internet address: https://adr.coi.cz/cs; another online dispute resolution platform can be found at the following internet address:

 http://ec.europa.eu/consumers/odr;

1. Information about the legal relationship (the purchase contract) will be stored electronically with us; this information is not publicly available; information and documents will be sent to you upon request;
2. the contract of sale can only be concluded in the Czech language;
3. we are not bound by any code of conduct within the meaning of section 1826 CC;
4. The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes);

 

• Attention! One huge advantage you as consumers have over us as businessmen is that the six (6) month period for claiming a defect (complaint) does not apply to you, but you as consumers can exercise your right to claim a defective performance within twenty-four (24) months of receipt of the goods. However, this only applies to non-food goods. For food and beverages, you must make a claim within the end of the warranty period (shelf life).

  

• We are authorized to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the competent trade office. Supervision over the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

8.5.       As a consumer, you have the right to withdraw from the purchase contract without giving any reason and without any penalty within fourteen (14) days from the date of receipt of the goods, as the purchase contract is always concluded via distance communication. In the case of delivery of several types of goods or delivery of several parts, the period of fourteen (14) days shall be calculated from the date of receipt of the last delivery of goods. You may deliver your withdrawal to our e-mail address: info@haksna.cz or to the address of our registered office. You can find a sample withdrawal form on our Website which you can use. We will acknowledge receipt of your withdrawal without undue delay.

8.6.        If you decide to withdraw from the purchase contract in accordance with the previous point 8.3. of these Terms and Conditions of the e-shop, please note that you must also return the purchased goods to us without undue delay, but no later than within 14 days of withdrawal from the purchase contract. We will do the same with the money when the goods reach us.

8.7.        Withdrawing from the purchase contract means that you return the goods intact to us and we return the price (money) to you, minus the cost of shipping and payment. You are responsible for the cost of returning the goods. If you return the goods to us damaged, we agree that we are entitled to unilaterally set off any damage to the goods against the claim for a refund.

8.8.        Generosity has its limits. Please note that it is not possible to withdraw from a contract of sale in accordance with Section 1837 CC, inter alia, if you have purchased the goods:

a.              which has been customised to your wishes or for your person;

b.              which is perishable;

c.              which has been irretrievably mixed with other goods after delivery;

d.              which has been in a sealed package and which you have removed from the package and cannot return for hygiene reasons.

8.9.        In the event that we give you a gift together with the goods and you withdraw from the purchase contract, we agree that this also terminates the gift contract and you return the gift to us together with the goods. In a slightly more complicated way, this means that the gift contract is concluded with a severance clause.

 

9.             CONCLUSION

9.1.        If we agree on something in our mutual e-mail communication, it takes precedence over what is stated in these E-shop T&C.

9.2.        From time to time, the e-shop T&Cs need to be amended to a reasonable extent. If we conclude that any improvement or other change is required, we will issue a revised version of the E-Shop OPs. We will let you know about the new e-shop OPs on our Website and by email. In this case, you have the right to reject the changes and cancel your My Account.

9.3.      If any provisions become invalid or ineffective due to a change in the law or for other reasons, the remaining provisions remain valid, unless this contradicts their purpose and they are provisions that cannot be separated from the rest of the content of the E-shop OP.

9.4.       The Purchase Contract, which includes these Terms and Conditions of the e-shop, is governed by the law of the Czech Republic and any disputes arising from this contract will be decided by the competent courts in the Czech Republic. If the relationship established by the purchase contract contains an international (foreign) element, then we agree that the relationship is still governed by Czech law. By choosing the law according to the preceding sentence, you as a consumer buyer are not deprived of the protection afforded by the provisions of the legal order which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law according to the provisions of Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

9.5.        Our rights, which by their nature are intended to survive the termination of the Purchase Agreement, shall continue to be valid and enforceable after termination.

9.6.        You acknowledge that you assume the risk of change of circumstances within the meaning of section 1765 (2) CC.

9.7.        Information regarding the protection of your personal data that we will process can be found in the Privacy Policy.You can find it on our Website.

9.8.        The following attachments are an integral part of the e-shop OP and are available on our Website:

•   Privacy Policy
•   Sample form for withdrawal from the purchase contract

 

These TERMS AND CONDITIONS of HAKSNA BREWERY come into force and effect on 1.6.2022

 

 

For HAKSNA BREWERY s.r.o.

Ing. Daniel Hořínek CEO