Terms and Conditions
General Terms and Conditions of Plzeňský Prazdroj, a.s. for e-shop "eshop.prazdoj.cz"
1. INTRODUCTORY PROVISIONS
1.1. This document contains the terms and conditions that regulate the rights and obligations that we, i.e. Plzeňský Prazdroj, a.s. as the seller and you, as the buyer, incur in connection with the purchase of goods on our e-shop.
1.2. The following terms have the following meanings in these terms and conditions:
"Gift Voucher" means a gift voucher for the purchase of Goods in our E-shop and/or in our Gift Shop in the value indicated thereon, or a voucher for the use of one of the experiences we offer, such as the Tap School or the Brewery Apprentice's Journey, etc.
"Gift Shop" refers to one of the shops and dispensaries listed in our E-Shop, under the "Shops and Dispensaries" tab.
"VAT" means value added tax in the Czech Republic or any other similar tax levied in another member state of the European Union to which the Goods purchased are to be delivered.
"E-shop" means the online shop operated by Plzeňský Prazdroj, a.s. on the website https://eshop.prazdroj.cz.
"GDPR" means Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
"Civil Code" means Act No. 89/2012 Coll., the Civil Code, as amended.
"Terms and Conditions" refers to these General Terms and Conditions, which govern the terms and conditions for the purchase of Goods on our E-shop.
"PPCZ" refers to Plzeňský Prazdroj, a. s., with registered office at U Prazdroj 64/7, Plzeň, Postal Code 301 00, ID No.: 45357366, VAT No.: CZ45357366, registered in the Commercial Register kept at the Regional Court in Plzeň, file number B 227.
"Complaints Procedure" refers to the document specifying your rights from defective performance and your rights from the quality guarantee, which we provide to you if you are a consumer within the meaning of the Civil Code. This document also contains a description of how you can exercise your rights with us. This document forms an integral part of these Terms and Conditions and is available at the following link.
"Account" refers to the Customer's account that is registered in our E-shop.
"Ticket" refers to a ticket for one of the sightseeing tours or experience programs we offer, such as a tour of the Brewery Museum or one of our breweries, etc.
"Customer" refers to a legal and/or natural person who is over 18 years of age and who is eligible to enter into a purchase contract under the Civil Code and who purchases Goods through our E-shop. Customer is also meant whenever "you" is referred to in these Terms and Conditions.
"Goods" refers to the products we offer for purchase on our E-Shop, Gift Vouchers and/or Tickets.
1.3. Our E-Shop can be used in Czech, British, Slovak or German by clicking on the icon in the colours of the Czech, British, Slovak or German flag in the header of our E-Shop. In these languages we can also conclude a purchase contract together for the Goods you have selected.
1.4. For each language variant of our E-shop there is also a corresponding language variant of these Terms and Conditions. In the event of any ambiguity between the language versions of these Terms and Conditions, the Czech language version shall prevail.
1.5. You do not need to register to purchase Goods in our E-shop and you can purchase Goods from us even as a non-registered Customer. However, registration will allow you to make purchases in our E-shop faster and more convenient, as you will not have to enter your identification and contact details again, and at the same time you will have a detailed overview of your orders and the process of their processing available in one place.
1.6. We only ship goods purchased on our E-shop to the countries listed in the "All about purchase" section, subsection "Shipping abroad" and also within your cart when selecting the country of delivery. If you wish to have the Goods delivered to a country not listed, please contact us using the contact details set out in clause 12 below. The exception to this is alcoholic beverages, which we deliver exclusively within the Czech Republic.
1.7. Goods can be purchased on our E-shop by both consumers and businesses.
1.8. By using our E-shop, you agree to the use of remote means of communication when concluding a purchase contract. You are responsible for the costs incurred in this connection (internet connection costs, telephone call costs).
1.9. Please note that the presentation of the Goods in our E-shop does not constitute an offer to conclude a purchase contract or a proposal for delivery of the Goods within the meaning of Section 1732 of the Civil Code, and all offers of the Goods (including, where applicable, the indicative usual delivery or dispatch time of the Goods) are non-binding and we are not obliged to conclude a purchase contract with you for the delivery of the Goods.
2. Goods Sold, Prices and VAT
2.1. What Goods can you buy in our E-shop?
2.1.1. You may purchase Goods in our E-shop that are listed as being in stock.
2.1.2 All Goods offered for purchase in our E-shop comply with the valid and effective laws of the Czech Republic and the European Union.
2.1.3 The Goods we sell in our E-shop are primarily intended for end use and not for resale.
2.1.4 The depiction of any Goods sold in our E-shop is for illustrative purposes only and may not be fully accurate.
2.1.5 The designation of the Goods and a description of their main features is given for each specific Good directly in the E-shop.
2.2. Is it possible to buy alcoholic beverages in the E-shop?
2.2.1 We also offer alcoholic beverages for purchase in our E-Shop on a limited basis, exclusively to persons over 18 years of age. By placing an order for alcoholic beverages you confirm that you are over 18 years of age.
2.2.2 Orders containing alcoholic beverages are delivered exclusively within the Czech Republic, by means of such types of transport that allow verification of the age of the person receiving such shipment.
2.2.3 By placing an order containing alcoholic beverages, you acknowledge that you must be prepared to prove that you are over 18 years of age by providing valid identification upon delivery. In the event that you refuse to prove that you are over 18 years of age, or are found to be under 18 years of age, the shipment will not be released to you and we shall have the right to cancel the contract of sale for the Goods which are the subject of your order as further described in clause 6.4 below.
2.3. Where can I find the price and in what currency is it displayed?
2.3.1 The price of each individual Goods can be found displayed directly in the E-shop next to the respective Goods.
2.3.2 All prices of the Goods are displayed in the E-shop in Czech crowns (CZK) or in Euro (EUR), depending on the location from which you view our E-shop, the language in which you have our E-shop displayed or the country of delivery you choose.
2.3.3 Once the new prices are uploaded to the E-shop, the original prices are replaced, except for Goods for which you have placed an order at the original price.
2.3.4 The price of the Goods displayed in the E-shop does not include shipping costs. Information about shipping options and associated costs will be displayed in the shopping cart next to your order and also on the link: https://eshop.prazdroj.cz/doprava-a-platba.
2.4. What about VAT?
2.4.1. VAT in the amount corresponding to the valid and effective legislation in the Czech Republic.
2.4.2. In case you want to deliver the Goods to any other member state of the European Union, the purchase prices of the Goods you have placed in the shopping cart, as well as the price of transport and the chosen payment method, will be automatically converted into Euro and instead of VAT in the amount corresponding to the current and effective legislation in the Czech Republic, VAT will be added in the amount corresponding to the current and effective legislation in the relevant member state of the European Union.
2.4.3 In the event that you wish to ship the Goods to a country outside the European Union, the prices of the Goods you have placed in your basket, as well as the price of transport and the chosen payment method, will be automatically converted to Euro, but will still include VAT at the rate corresponding to the applicable and effective legislation in the Czech Republic.
3. Purchase in our e-shop, conclusion of the purchase contract, Ownership
3.1. How is the purchase made in our E-shop?
3.1.1. You place a binding order for the selected Goods in our E-shop by placing them in the shopping cart and selecting the type of transport and payment, filling in the delivery details and clicking on the button "Binding order and commit to payment", whereby, among other things, you agree to these Terms and Conditions and confirm that you acknowledge the processing of your personal data necessary for us to deliver the Goods to you.
3.1.2 By submitting your order, you agree to accept the Goods ordered and to pay the total purchase price, including the cost of your chosen type of transport and payment method, as displayed in your basket before submitting your order.
3.1.3 You have the opportunity to check and amend any details you have entered in your order and correct any errors before you submit your order. We will not be liable for any errors or mistakes in your submitted order.
3.1.4 Please note that only the order numbers of the Goods and not the accompanying text contained in the order are relevant to determine the type and quantity of Goods ordered.
3.1.5 In the event that the accompanying text contained in your binding order constitutes an addition to or deviation from our offer of Goods made on the E-shop, we shall be entitled to refuse such order. Similarly, we shall be entitled to refuse your order if the Goods you have ordered are sold out, are no longer manufactured, or if there is a substantial change in the price and/or delivery time of such Goods, or if you order a larger than usual quantity of the relevant Goods.
3.1.6 Please note that we have the right to ask you to confirm your order made via our E-shop in writing if necessary.
3.1.7 We will confirm receipt of your binding order by email, which will also advise you of the expected delivery date of the Goods ordered.
3.1.8 The confirmation of acceptance of your binding order shall also constitute, in conjunction with the tax document (invoice), the warranty certificate for the Goods specified in the confirmation, except for Gift Vouchers, Tickets and/or Goods for which the provision of a quality guarantee is excluded by nature. Please refer to our Complaints Policy for more information.
3.2. When does a contract of sale for ordered Goods arise?
3.2.1 The moment you receive our confirmation of your binding order, a contract of sale is concluded between us as the seller and you as the buyer for the Goods contained in your binding order which are available and can be delivered to you.
3.2.2 This confirmation also constitutes confirmation of the concluded purchase contract and we will also send you these Terms and Conditions in text form as an attachment for storage and possible subsequent use.
3.2.3 Should it become apparent after we have sent you confirmation of your binding order that the Goods ordered by you are no longer in stock due to the fact that we have run out of stock, we will inform you of this fact, which will terminate the concluded purchase contract in relation to these Goods. In the event that you have already paid us the purchase price of the Goods, we will promptly refund you the purchase price in the manner in which you paid it to us or in another agreed manner.
3.3. Can I get a copy of the concluded purchase contract?
3.3.1 Yes. We archive concluded purchase contracts in an electronic storage.
3.3.2 We will be happy to provide you with a copy of the concluded purchase contract up to 6 months after its conclusion.
3.3.3 In order for us to send you a copy of the concluded purchase contract, we need you to send us a written request to the contact details set out in clause 12 below and to prove your identity.
3.4. When do I acquire ownership of the Goods?
3.4.1 Title to the Goods, as well as the risk of damage to the Goods, passes to you as the purchaser when you take possession of the Goods and pay the purchase price in full.
4. Shipping, Payment Methods, Invoicing, Complaints
4.1. What shipping options do we offer?
4.1.1 In our E-shop we offer the following types of delivery of ordered Goods:
(i) personal collection at one of our Gift Shops;
(ii) delivery via the service offered by Zásilkovna s.r.o. (www.zasilkovna.cz);
(iii) delivery via one of the carriers to the address you have provided;
(iv) delivery by electronic mail in the case of Gift Vouchers and Tickets.
4.1.2 The types of shipping we offer to the delivery location you have selected, as well as the cost of each of these types of shipping (including packaging and postage) calculated for your order will be displayed in your shopping cart.
4.1.3 More information about the different types of shipping we offer can also be found at the following link: https://eshop.prazdroj.cz/doprava-a-platba - Eshop, including the approximate costs associated with each type of shipping offered (for orders up to 5 kg).
4.1.4 In the event that it is necessary for operational reasons (with regard to the volume, weight and/or safety of the shipment), we are entitled to change the method of transport chosen by you or the chosen carrier. This change will have no effect on the amount of the shipping costs and you will be responsible for the costs associated with your chosen mode of transport, which were displayed in your basket before you placed your order.
4.2. How long does it usually take to deliver the Goods?
4.2.1 We endeavour to despatch (hand over to the carrier) the Goods ordered as soon as possible after we receive your order and enter into the Purchase Agreement.
4.2.2 We will deliver the ordered Goods to you after checking our stock levels within a period subject to availability and our operational capabilities, but no later than 30 days from the dispatch of your order. This applies even if the E-shop indicates the usual delivery or dispatch of the Goods, as this information is for guidance only.
4.2.3 In the event that we do not deliver the Goods ordered within 30 days of your order, you have the right to cancel your order and withdraw from the concluded purchase contract, if any.
4.2.4 We shall not be liable for any damage caused by delivery of the Goods later than 30 days after you have placed your order.
4.2.5 At your option, the Goods will be delivered to our Gift Shop, the dispatch point of your chosen carrier or to the address specified in your order.
4.2.6 The Goods ordered will be delivered to you in your own hands. If you are unable to take delivery personally, you may authorise another natural person over the age of 18 years who resides at the flat or other premises specified at the address given, to take delivery by agreement with the relevant carrier.
4.3. How can you pay for your order?
4.3.1 You may pay the purchase price of the Goods ordered, including the cost of delivery according to the type of transport chosen by you and any costs associated with the type of payment chosen, by any of the payment methods we offer, again depending on the place of delivery of the Goods. Currently, these methods are as follows:
(i) cash on delivery, where you pay the total purchase price including shipping costs and the chosen payment method to the carrier in cash and/or by credit card upon delivery of the Goods;
(ii) online cashless payment via a payment gateway operated by Global Payments s.r.o. to which you will be redirected after selecting this payment method and submitting your order;
(iii) by our Gift Voucher.
4.3.2 Where you choose to pay by Gift Voucher you must include the 12 digit number shown on the Gift Voucher in your order.
4.3.3 If the value of the Gift Voucher you use for payment is not sufficient to cover the price of the Goods ordered, including the cost of the chosen type of shipping and payment method, you must pay the remaining balance by another payment method that will be offered to you in respect of the chosen delivery location in your basket.
4.3.4 In the event that the value of the Gift Voucher used for payment exceeds the price of the Goods ordered, including the cost of the chosen type of transport and payment method, the remaining unused value of the Gift Voucher will not be refunded to you and cannot be used to pay for the next order.
4.3.5 The cost of each payment method we offer in conjunction with the delivery location you have selected will be shown to you in the basket as part of the shipping and payment selection step.
4.3.6 For information on the costs associated with each payment method and more details on how they work, please visit this link: https://eshop.prazdroj.cz/doprava-a-platba - Eshop.
4.3.7 In connection with the payment method using the above mentioned payment gateway, we would like to inform you that our company does not operate this payment gateway and thus we are not responsible for its operation.
4.4. When will I receive my tax document (invoice)?
4.4.1 We will send you a tax document for the purchased Goods to the e-mail address you have provided, immediately after you have paid the full purchase price, including the cost of your chosen type of transport and payment method.
4.5. What should I do if I receive a damaged parcel?
4.5.1 When you receive the parcel, please check that the packaging is not damaged and that the correct number of parcels are delivered to you as notified to you.
4.5.2 If the packaging of the parcel is damaged, or if the carrier has delivered fewer parcels to you than advertised, you must notify the carrier immediately and not accept the parcel.
4.5.3 By signing the delivery/shipping note and/or other similar document, you confirm that the shipment containing the ordered Goods has been delivered to you in good order and in accordance with the Purchase Agreement. For this reason, we will not be able to recognise any rights of defective performance (claim) that you subsequently assert with us in relation to any damage to the parcel during transit and/or the quantity of parcels delivered.
5. registration in our e-shop
5.1. To facilitate purchases in our E-shop, you can set up an Account, even if you are a business or represent a legal entity.
5.2. You can set up an account by filling in all the mandatory fields of the registration form that will be displayed when you click on the link https://eshop.prazdroj.cz/eshop/register.
5.3. If you wish to register as an entrepreneur or register a legal entity, you must fill in additional company details as part of the registration process.
5.4. Before completing the registration (by clicking on the "register" button), you must give us your consent to the processing of your personal data for the purpose of creating and maintaining your Account in our E-shop and agree to comply with the terms and conditions for the use of our website, which are contained in the document marked as Terms of Use, and which is available at the following link: Terms of Use | Plzeňský Prazdroj - Eshop.
5.5. By clicking on the "register" button you confirm that all the information you have entered in the registration form is correct and true. In case you are registering a legal entity, you also confirm that you are authorized to represent this legal entity, at least to the extent necessary to create an Account and conclude purchase contracts through it.
5.6. After the registration is completed, we will send you an e-mail message to the e-mail address you have provided about the creation of your Account in our E-shop, asking you to confirm that you are actually interested in registering. Only after this confirmation will your Account be finally set up and made operational.
5.7. Within your Account, you can change all the data you entered during registration. If you wish to cancel your Account, please contact us using the contact details set out in clause 12 below.
5.8. In the event that your Account is inactive for more than 2 years, we will notify you by email to the email address you have provided and if you do not log into your Account within 30 days of receiving this email, we will cancel your Account.
5.9:
(i) to keep your login details to our E-Shop confidential and not to disclose them to third parties;
(ii) notify us using the contact details set out in clause 12 below if your Account and/or your login details are misused or you suspect that misuse may have occurred;
(iii) comply with the rules of use of our website, which are set out in the document referred to as the Site Terms of Use and which is available at the following link: Terms of Use | Plzeňský Prazdroj - Eshop.
6. Right of withdrawal from the purchase contract
6.1. Can I withdraw from the contract as a consumer?
6.1.1. In the event that you purchase Goods in our E-shop as a consumer within the meaning of the Civil Code, you are entitled to withdraw from the purchase contract in all cases provided for by law, including without stating a reason pursuant to Section 1829 of the Civil Code.
6.2. What are the conditions for withdrawing from a purchase contract without giving a reason (Section 1829 of the Civil Code)?
6.2.1 The statutory period for withdrawal from the Purchase Contract is 14 days in this case and expires 14 days after the day following the day on which you have taken delivery of the Goods purchased, or the last item thereof if you have purchased more than one item of Goods under the Purchase Contract.
6.2.2 You may exercise your right to withdraw from the Purchase Contract by any unambiguous statement (for example, by letter sent via the postal service provider to our registered office address or by email sent to eshop@asahibeer.cz) or you may (but are not obliged to) use the sample withdrawal form available at this link HERE.
6.2.3 In order to comply with the statutory withdrawal period, it is sufficient if you send us the information that you are withdrawing from the purchase contract for the Goods before the expiry of the withdrawal period.
6.2.4 We will confirm the acceptance of your withdrawal from the concluded purchase contract in text form by sending you an e-mail message to the e-mail address you provided when placing the order.
6.2.5 Upon receipt of your notification that you exercise this right and withdraw from the purchase contract, the contract is terminated from the outset. As a consequence, you and we shall be obliged to reimburse each other for all payments made to us under the purchase contract (or part thereof) from which you have withdrawn.
6.2.6 In the event that you withdraw from the contract of sale for the Goods, we will refund all monies we have received from you under the relevant contract of sale, including the cost of delivery, but only up to the cost of the cheapest means of delivery we offer (i.e. the difference between the cost of that cheapest means of delivery we offer and the cost of the means of delivery you have chosen to deliver the Goods you have ordered will be your responsibility).
6.2.7 We will refund any monies received without undue delay, but no later than 14 days from the date we receive your withdrawal, or on or before receipt of the returned Goods, and after you have provided us with proof that you have dispatched the Goods.
6.2.8 We will use the same payment method you used to pay the purchase price and shipping costs, or your chosen payment method, to refund the funds received, unless you expressly state otherwise. In any case, you will not incur any additional costs.
6.2.9 If you exercise your right to withdraw from the Purchase Contract (or part thereof) within the statutory period, you must send back to us the Goods you have received from us under this Purchase Contract (or part thereof) in complete and undamaged condition, without signs of use or wear and tear, and preferably in their original packaging. You are responsible for the cost of returning the Goods unless otherwise stated.
6.2.10. Please pack the Goods in such a way that they are sufficiently protected against damage or deterioration during transport and send them to the following address.
6.2.11. In the event that the Goods, for which you have withdrawn from the purchase contract, have been depreciated in value as a result of being handled differently than necessary to become familiar with their nature, characteristics and functionality
, you are responsible for such diminution in value of the returned Goods.
6.2.12. We would like to inform you that, in accordance with the rules of the Civil Code, you may not exercise this right of withdrawal upon delivery of any of the following types of Goods in particular:
(i) Goods customized according to your wishes, such as jars with dedication;
(ii) Goods delivered in sealed packaging which you have removed from the packaging and which cannot be returned for hygiene reasons;
(iii) Gift Vouchers and Tickets.
6.3. Can I withdraw from the contract of sale if I did not purchase the Goods as a consumer?
6.3.1 If you purchase Goods on our E-shop as a business (natural person and/or legal entity), you may only withdraw from the conclusion of the purchase contract in the cases provided for by the Civil Code.
6.4. When can we withdraw from the purchase contract?
6.4.1 We may withdraw from the purchase contract in cases where this is provided for by law.
6.4.2 One of these cases is a material breach of contract on your part, which arises if you fail to take delivery of the Goods ordered when they are delivered to you, or if you refuse to prove upon delivery of the alcoholic beverages that you are over 18 years of age, or if you are found to be under 18 years of age.
6.4.3 If you do not take delivery of the Goods which are delivered to you, even within the time limit set by your chosen carrier, and the Goods are returned to us by the carrier, we shall be entitled to cancel the contract of sale which we have entered into with you in respect of those Goods. We will inform you of this fact by e-mail sent to the e-mail address you have provided.
6.4.4 In the event that we withdraw from the Purchase Contract, the Purchase Contract shall be terminated from the outset and you and we must reimburse each other for the benefits we have provided.
6.4.5 If you have paid us the price of the Goods in advance, we will promptly return to you any funds we have received from you in connection with this, using the same payment method you used to pay us, if possible, otherwise we will return the funds to your bank account that you provide to us.
6.4.6 Please note that our withdrawal from the Purchase Contract does not extinguish our right to compensation for any damages incurred by us as a result of your actions.
7. rights arising from defective performance, rights arising from the quality guarantee and how to exercise them (claims)
7.1. These rights and their exercise are free of charge for you.
7.2. To the extent set out in our Complaints Procedure, we also provide you with a guarantee of quality in relation to the Goods purchased, except for Gift Vouchers, Tickets and Goods for which this is not possible by nature. In the case of alcoholic beverages and other foodstuffs, the guarantee is provided for the period of consumption or shelf life stated on their packaging.
7.3. You can find your rights under the defective performance and quality guarantee, as well as the way in which you can exercise these rights with us, in our Complaints Policy.
8. Complaints about the ordering/complaints process
8.1. In the event of any complaint regarding the ordering or complaints process, you can contact us using the contact details set out in clause 12 below.
9. After-sales service
9.1. After-sales service is not provided on the Goods due to their nature.
10. processing of personal data
10.1. Within the scope of our E-shop, we, as a so-called controller within the meaning of the GDPR, process the personal data of those visitors and Customers who are natural persons, so-called data subjects within the meaning of the GDPR.
10.2. In this article you will find information about what personal data we process, when we do so and how the processing takes place. At the same time, you will find information on what rights you have in connection with this processing of your personal data and how you can exercise them.
10.3. Processing for the purpose of concluding and fulfilling a purchase contract
10.3.1 In the case of a purchase on our E-shop, we will process your personal data for the purpose of concluding and subsequently fulfilling a purchase contract, the subject of which will be the delivery of the Goods ordered by you.
10.3.2 The provision of your personal data for processing for this purpose is necessary for the purchase of Goods in our E-shop.
10.3.3 We will process the following categories of your personal data for this purpose:
(i) identifying personal data (e.g. name and surname);
(ii) contact details (address and/or place of delivery, email address and telephone number);
(iii) data relating to your purchase (the Goods ordered, the type of shipping and payment methods chosen, the fact that you are over 18 years of age and the number of the document used to prove this when delivering alcoholic beverages); and
(iv) any other information you send us as part of your order.
10.3.4 We will process your personal data on the basis of the legal basis under Article 6(1)(b) of the GDPR (performance of a contract), as without processing it we would not be able to enter into a purchase contract with you and deliver the Goods you have ordered.
10.3.5 We will process your personal data for this purpose for as long as necessary, namely for a period of 6 months from the conclusion of the relevant purchase contract.
10.4. Processing for the purpose of creating and maintaining your Account in our E-shop
10.4.1 If you register for our E-shop, we will process your personal data for the purpose of creating and maintaining your Account.
10.4.2 The provision of your personal data for processing for this purpose is voluntary.
10.4.3 We will process the following categories of your personal data for this purpose:
(i) personal data associated with the Account (e.g. login name and password);
(ii) identifying personal data (e.g. first and last name);
(iii) contact details (address and/or delivery location, email address and telephone number);
(iv) details that you are a business or that you represent the legal entity for which you are creating the Account (e.g. business name, registration number, VAT number and whether you are a VAT payer, billing address);
(v) your consent to our Terms and Conditions and to the processing of your personal data for the creation and maintenance of your Account in our E-shop.
(vi) any other information you provide to us as part of the registration process.
10.4.4 We will process your personal data on the basis of the legal basis under Article 6(1)(a) of the GDPR, which is your consent.
10.4.5 We will process your personal data for this purpose for as long as necessary, namely for a period of 3 months from the cancellation of your Account, unless you withdraw your consent earlier. In this case, we will cancel your Account and cease processing your personal data for this Purpose.
10.5. Processing for the purpose of marketing outreach (direct marketing)
10.5.1 In the event that you purchase Goods from our E-shop, we will process your personal data for the purpose of direct marketing to you.
10.5.2 Providing your personal data for processing for this purpose is a necessary part of making a purchase of Goods on our E-Shop.
10.5.3 We will process the following categories of your personal data for this purpose:
(i) identifying personal data (e.g. name and surname);
(ii) contact details (email address and telephone number);
(iii) details of your purchase; and
(iv) an indication of your objection, if any, to this processing of your personal data.
10.5.4 We will process your personal data on the basis of the legal basis arising from Article 6(1)(f) of the GDPR, i.e. our so-called legitimate interest, which is to offer you additional Goods similar to those you have purchased on our E-Shop.
10.5.5 We will process your personal data for this purpose for as long as necessary, namely 12 months from your last interaction with us, unless you have previously given us your objection to us processing your personal data for this purpose and sending you further commercial communications in the context of direct marketing.
10.5.6 You can send your objection to us at any of the contact details listed in the article below or by clicking on the link contained in any commercial communication we send you for direct marketing purposes.
10.6. Processing for marketing purposes (other than direct marketing)
10.6.1 In the event that you wish us to contact you with marketing communications other than for direct marketing purposes (i.e. not only communications relating to your purchase on our E-shop), we will process your personal data for this purpose as well.
10.6.2 The provision of your personal data for processing for this purpose is voluntary.
10.6.3 We will process the following categories of your personal data for this purpose:
(i) identifying personal data (e.g. name and surname);
(ii) contact details (address and/or place of delivery, email address and telephone number);
(iii) your consent to the processing of your personal data for the purpose of sending you marketing communications.
10.6.4 We will process your personal data on the basis of the legal basis under Article 6(1)(a) GDPR, which is your consent.
10.6.5 We will process your personal data for this purpose for as long as is strictly necessary, namely 12 months from your last activity, i.e. purchase on our E-shop and/or viewing our marketing communication sent to you, unless you withdraw your consent beforehand.
10.7. Processing for the purpose of our legitimate interests
10.7.1 In the event that you purchase Goods on our E-shop, we will also process your personal data for the purpose of our legitimate interests, which consists of protecting our rights in relation to any claims and other cases where we may need data related to your purchase on our E-shop, i.e. including your personal data, in order to exercise our rights. Similarly, our legitimate interests may include, for example, to display our E-shop in the language of the country from which you view our E-shop.
10.7.2 Providing your personal data for processing for this purpose is a necessary part of purchasing Goods on our E-Shop.
10.7.3 We will process the following categories of your personal data for this purpose:
(i) identifying personal data (e.g. your name and surname, your Account details);
(ii) contact details (e.g. email address, telephone number, address and/or delivery point);
(iii) information about your purchase on our E-Shop (e.g. the Goods purchased and the date of purchase);
(iv) any other data that will be necessary for the exercise of our rights and legitimate interests (e.g. IP address for the purpose of determining the country from which you view our E-shop to set the correct language version in which our E-shop will be displayed to you).
10.7.4 We will process your personal data on the basis of the legal basis under Article 6(1)(f) GDPR, which is to protect our legally protected rights and legitimate interests.
10.7.5 We will process your personal data for this purpose for as long as is necessary, namely 15 years from your purchase of the Goods, or the resolution of any defects claimed or any other communication we have with you.
10.8. Processing through cookies and similar technologies
10.8.1 We use cookies and other similar technologies in our E-shop, which also involve processing the IP address of the end device from which you visit our E-shop.
10.8.2 For more information on what cookies and other similar technologies are used on our E-shop, please refer to the cookie banner that will be displayed on your first or subsequent visits to our E-shop and to Article 10.8 of the document called Terms of Use, which is available at this link.
10.9. Processing for compliance with legal obligations
10.9.1 If you purchase Goods on our E-shop, we will also process your personal data in order to comply with our legal obligations under the law. This includes, for example, bookkeeping, etc.
10.9.2 Providing your personal data for processing for this purpose is a necessary part of purchasing Goods on our E-Shop.
10.9.3 We will process the following categories of your personal data for this purpose:
(i) identifying personal data (e.g. your name and surname, your Account details);
(ii) contact details (e.g. email address, telephone number, address and/or delivery point);
(iii) information about your purchase on our E-Shop (e.g. the Goods purchased and the date of purchase);
(iv) any other data the processing of which will be necessary for us to comply with applicable legal obligations.
10.9.4 Your personal data will be processed by us on the basis of the legal title arising from Article 6(1)(c) of the GDPR (to comply with legal obligations).
10.9.5 We will process your personal data for this purpose for as long as is necessary, namely 15 years from your purchase of the Goods, or from the settlement of any defects claimed or any other communication we have with you, unless other time limits are provided for by law.
10.10. We will obtain the personal data we process about you for the above purposes directly from you or from your activity on our E-shop and/or in relation to our marketing communications.
10.11. Where we obtain personal data directly from you, it is essential that you provide us with your correct, up-to-date and truthful personal data and, if this subsequently changes, you must inform us of this fact using the contact details set out in clause 12 below.
10.12. We will process your personal data ourselves or through our processors, whom we will involve in the processing after the conditions set out in Article 28 of the GDPR have been met.
10.13. We will carry out the processing primarily by automated means, possibly manually if necessary.
10.14. Our processing will not involve automated processing of your personal data, including profiling, and you will not be the subject of any decision based solely on automated processing which would have legal effects for you or which could significantly affect you in a similar way.
10.15. We will transfer your personal data to the following categories of recipients:
(i) other companies within the business group to which our company belongs that provide us with IT, accounting, reporting, controlling, marketing and management support services;
(ii) to our advisors, such as lawyers or tax advisors, who are bound by a legal/professional duty of confidentiality, and only where necessary to protect our rights and legally protected interests;
(iii) to law enforcement authorities and other public authorities, and always upon their request;
(iv) joint controllers (see below); and/or
(v) other independent controllers.
10.16. In the case of some of your personal data, we act as joint controllers within the meaning of the GDPR when processing it. In practice, this means that your personal data is processed by both us and this other controller, each for its own purpose, but we proceed jointly in obtaining it. This is the case, for example, when we process your personal data using a tool called the Facebook pixel, which is deployed on our E-shop, or when we measure the effectiveness of our marketing campaigns on Google, Facebook and Seznam. For more information about the processing of your personal data by the operators of these websites, please visit their websites. If you wish to exercise any of your rights in connection with the processing of your personal data by these companies, you must contact them directly.
10.17. If you give us your consent, we may also transfer your personal data to other separate controllers for processing for their own purposes. Information about these controllers and the purposes for which they use your personal data can be found within the relevant consent form.
10.18. Our company will process your personal data primarily within the European Union and the European Economic Area. Should the need arise to process your personal data outside this area, we will only do so if the conditions of the GDPR, in particular Article 44 et seq.
10.19. You are entitled to the following rights in relation to the processing of your personal data that we carry out, subject always to the conditions set out in the GDPR for their exercise:
(i) the right to withdraw the consent you have given us to process your personal data;
(ii) the right to access the personal data we process about you;
(iii) the right to rectification of inaccurate personal data we process about you;
(iv) the right to erasure of the personal data we process about you;
(v) the right to have us restrict the processing of your personal data:
(vi) the right to the portability of the personal data we process about you;
(vii) the right to inform you that there has been a breach of security of your personal data where that breach is likely to result in a high risk to your rights and freedoms.
10.20. You can exercise the above rights with us by contacting us at the contact details set out in clause 12 below or by sending an email to our Data Protection Officer at personaldataprotection@eu.asahibeer.com.
10.21. In addition to the above rights, you also have the right to lodge a complaint about the processing of your personal data by us with the competent supervisory authority, which is the Office for Personal Data Protection of the Czech Republic (www.uoou.cz).
10.22. More detailed information about how we process your personal data and how you can exercise your rights with us can be found in the document marked as Privacy Policy, which is available at this link https://eshop.prazdroj.cz/ochrana-soukromi. For more information on the processing of your personal data by us through cookies and similar tools, please refer to the document marked as Terms of Use, which is available at this link. Please familiarize yourself with both documents before you use our E-shop, or before you submit your order and/or give us your consent to process your personal data for any of the above purposes.
11. additional information for customers who are consumers
11.1. Authorisation to sell Goods in the E-shop
11.1.1 We are authorised to sell Goods in our E-shop on the basis of the relevant trade licence.
11.1.2. The control in the area of trade business is carried out within the scope of its competence by the competent trade licensing authority.
11.2. Supervision of consumer protection
11.2.1 Supervision of compliance with consumer protection legislation in connection with the sale of Goods on our E-shop belongs to the Czech Trade Inspection Authority.
11.3. Out-of-court dispute resolution
11.3.1 In case you are shopping on our E-shop as a consumer within the meaning of the Civil Code, we would like to inform you that you have the right to submit a proposal for out-of-court dispute resolution in order to reach an agreement with us.
11.3.2. The proposal for out-of-court dispute resolution must be submitted to the competent authority, which for purchase contracts concluded in our E-shop and on the basis of these Terms and Conditions is the Czech Trade Inspection Authority (www.coi.cz). Upon delivery of the proposal (with the prescribed content) to the Czech Trade Inspectorate, the out-of-court dispute resolution is initiated.
11.3.3 The submission of the proposal and the subsequent participation in the out-of-court dispute resolution is free of charge for you as a Customer. Each of the parties to the dispute, i.e. both you and us, shall bear any costs incurred in the out-of-court dispute resolution on its own.
11.3.4 An application to initiate an out-of-court dispute resolution may be filed within 1 year of the date on which you first filed your claim with us that is the subject of the dispute.
11.4. Participation in the Code of Conduct
11.4.1 We would like to inform you that our company does not participate in any code of conduct within the meaning of section 1820 (1) (n) of the Civil Code.
12. Our Contact Details
12.1. Below you will find our contact details through which you can contact us with your questions, wishes or requests to exercise your rights.
(i) Registered office: U Prazdroje 64/7, Plzeň, Postal Code 301 00, ID: 45357366
(ii) E-mail address: eshop@asahibeer.cz
(iii) Shop phone: +420 724 618 672
(iv) PO Box: db8cgqz
13. FINAL PROVISIONS
13.1. These Terms and Conditions shall apply to all of your purchases of Goods on our E-shop and shall form an integral part of the contract of sale which we shall jointly enter into for the Goods ordered by you.
13.2. In the event of any conflict between these Terms and Conditions and the wording of the Purchase Agreement, the wording contained in the Purchase Agreement shall prevail over these Terms and Conditions.
13.3. If any provision of the concluded Purchase Agreement, including these Terms and Conditions, is found to be invalid, illegal and/or unenforceable, this will not affect the validity and enforceability of the remaining provisions of the Purchase Agreement, including these Terms and Conditions.
13.4. These Terms and Conditions are governed by Czech law, in particular the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended.
13.5. We would like to inform you that if necessary (e.g. due to new legislation or for technical or operational reasons), we may update these Terms and Conditions. The updated version of the Terms and Conditions will be effective from the time of publication on the E-shop, unless otherwise stated therein.
13.6. In the event that you purchase Goods on our E-shop as an entrepreneur, by submitting your binding order, you agree with us in accordance with the provisions of § 89a of Act No. 99/1963 Coll., Civil Procedure Code, as amended, that any dispute that is not resolved amicably between us will be resolved by a court of competent jurisdiction according to our local jurisdiction. At the same time, you agree that the provisions of the Vienna Convention on the International Sale of Goods (CISG) shall not apply to the relations arising from these Terms and Conditions.
13.7. These Terms and Conditions come into force on 3.2.2025.
In Pilsen on 3.2.2025