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 govern the rights and obligations that we, i.e. Plzeňský Prazdroj, a.s. as the seller, and you as the buyer have in connection with the purchase of goods in our e-shop.
1.2. The terms below have the following meanings in these Terms and Conditions:
"Gift Card" means a gift card for the purchase of Goods in our E-Shop and/or our Gift Shop in the value stated on the gift card or a voucher to enjoy one of the experiences we offer, such as the School of Beer Tapping or the Brewery Apprentice Journey, etc.
"Gift Shop" means one of the shops and pickup points listed in our E-shop under the "Shops and Pickup Points" tab.
"VAT" means a value added tax in the Czech Republic or any other similar tax levied in another member state of the European Union where the Goods purchased are to be delivered.
"E-shop" means an online shop operated by Plzeňský Prazdroj, a.s. at https://eshop.prazdroj.cz.
"GDPR" means Regulation (EU) No. 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 Sb., the Civil Code, as amended.
"Terms and Conditions" means these General Terms and Conditions which govern the terms and conditions of purchase of Goods in our E-shop.
"PPCZ" means Plzeňský Prazdroj, a. s., with registered office at U Prazdroje 64/7, Plzeň, postal code 301 00, Czech Republic, Comp. Id. No.: 45357366, TIN: CZ45357366, registered in the Commercial Register kept at the Regional Court in Plzeň, file number B 227. Whenever "we/us" is used in these Terms and Conditions it refers to PPCZ.
"Complaints Policy" 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 to the extent of the Civil Code. This document also describes 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: Claims / ESHOP PRAZDROJ.cz.
"Account" means an account of a Customer who registers in our E-shop.
"Ticket" means a ticket for one of the tours or experience programs we offer, such as a tour of the Brewery Museum or one of our breweries, etc.
"Customer" means a legal and/or natural person who is over 18 years of age and is eligible to enter into purchase agreements under the Civil Code and who purchases Goods in our E-shop. Whenever "you/your" is used in these Terms and Conditions, it also refers to the Customer.
"Goods" means the products we offer for purchase in our E-Shop, Gift Cards and/or Tickets.
1.3. You can use our E-shop in Czech, English, Slovak or German by clicking the flag icon of the Czech, British, Slovak or German country in the header of our E-shop. A purchase agreement for the Goods you have selected can also be entered into between you and us in these languages.
1.4. For each language version of our E-shop, there is a corresponding language version of these Terms and Conditions. In the event of any ambiguity between the individual language versions of these Terms and Conditions, the Czech language version prevails.
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1.5. You do not need to register to purchase Goods in our E-shop, you can purchase Goods from us even as an unregistered Customer. However, registration will make your 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 their processing available in one place.
1.6. Goods purchased in our E-shop are delivered only to the countries listed in the "All about shopping" section, "Shipping abroad" subsection and also in your cart when selecting the country of delivery. If you wish to have the Goods delivered to a country not listed, please contact us at the contact details in Art. 12 below. The exception includes alcoholic beverages which we supply in the Czech Republic only.
1.7. Both consumers and businesses can buy Goods in our E-shop.
1.8. By using our E-shop, you agree to the use of remote means of communication to enter into a purchase agreement. You are responsible for the costs you incur 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 enter into a purchase agreement or a proposal for delivery of the Goods to the extent of Section 1732 of the Civil Code, and any offers of the Goods (including, where applicable, the usual time of delivery or dispatch of the Goods stated) are non-binding and we are not obliged to enter into a purchase agreement for the delivery of the Goods.
2. GOODS MARKETED, PRICES AND VAT
2.1. What Goods can you buy in our E-shop?
2.1.1. In our E-shop you can purchase Goods that are listed as being in stock.
2.1.2. All Goods offered for purchase in our E-shop comply with the laws and regulations in force and effect in the Czech Republic and the European Union.
2.1.3. The Goods sold in our E-shop are primarily intended for end use and not for resale.
2.1.4. Images of some of the Goods in our E-shop are illustrative only, individual features may vary.
2.1.5. The designation of the Goods and a description of their main features are given for each specific Goods 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 for 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 in the Czech Republic only, by means of such types of transport that allow verification of the age of the person receiving such shipments.
2.2.3. By submitting an order containing alcoholic beverages, you acknowledge that you must be prepared to prove that you are over 18 years of age upon delivery by presenting a valid identity document. If 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 delivered to you and we have the right to withdraw from the purchase agreement for the Goods that are the subject of your order, as further described in Art. 6.4 below.
2.3. Where can I find the price and the currency?
2.3.1. The price of individual Goods can be found directly in the E-shop next to the Goods.
2.3.2. All prices of the Goods in the E-shop are in Czech crowns (CZK) or in Euro (EUR), depending on the location from which you view our E-shop, or 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 the Goods you have ordered 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 cart next to your order and also at the link: https://eshop.prazdroj.cz/doprava-a-platba.
2.4. What about VAT?
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2.4.1. The prices of the Goods in our E-shop are incl. the VAT in the amount corresponding to the laws and regulations in force and effect in the Czech Republic.
2.4.2. In the event that you wish to deliver Goods to another EU Member State, the purchase price of the Goods you have placed in your cart, as well as the shipping costs and the chosen payment method, will be automatically converted into Euro and instead of the VAT in the amount corresponding to the laws and regulations in force and effect in the Czech Republic, the VAT will be added in the amount corresponding to the laws and regulations in force and effect in the relevant EU Member State.
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 cart, as well as the price of shipping and the chosen payment method, will be automatically converted to Euro, including the VAT at the rate corresponding to the laws and regulations in force and effect in the Czech Republic.
3. PURCHASE IN OUR E-SHOP, ENTERING INTO A PURCHASE CONTRACT, OWNERSHIP
3.1. How to buy in our E-shop?
3.1.1. You can place a order for the selected Goods in our E-shop by putting them in the cart and selecting the type of shipping and payment method, filling in the delivery details and clicking the "Confirm order and make the payment" button, thereby, among other things, agreeing to these Terms and Conditions and confirming that you acknowledge the processing of your personal data, which is necessary for us to deliver the Goods to you.
3.1.2. By submitting your order, you agree to accept the ordered Goods and to pay the total purchase price, including the cost of the chosen shipping and payment method, as displayed in your cart before submitting your order.
3.1.3. Before submitting your order, you can check and change any information you have entered in your order and correct any errors. We are not responsible for any errors or mistakes in your order.
3.1.4. Please note that only the order numbers of the Goods and not the accompanying text contained in the order are decisive for determining the type and quantity of the Goods ordered.
3.1.5. In the event that the accompanying text contained in your binding E-shop order constitutes an addition to or deviation from our offer of the Goods, we are entitled to refuse such orders. Similarly, we are entitled to refuse your order if the Goods you have ordered are sold out, are no longer manufactured, or if there is a material change in the price of the Goods and/or the delivery time, or if you order a larger than usual quantity of the Goods.
3.1.6. Please note that we have the right to ask you for a written confirmation of your order made in our E-shop.
3.1.7. We will confirm the acceptance of your order by e-mail in which we will also inform you of the expected delivery date of the ordered Goods.
3.1.8. Together with the tax document (invoice), the confirmation of receipt of your order also constitutes the warranty certificate for the Goods specified in the confirmation, except for Gift Cards, Tickets and/or Goods for which the provision of quality guarantee is excluded by definition. Please refer to our Complaints Policy for more information.
3.2. What is the commencement date of the purchase agreement for the Goods ordered?
3.2.1. The moment you receive our confirmation of your order, a purchase agreement is entered into between us as the seller and you as the buyer for the Goods contained in your order, which are available and can be delivered to you.
3.2.2. This confirmation also constitutes confirmation of entering into a purchase agreement, and we will also send you these Terms and Conditions in text form attached for storage and possible subsequent use.
3.2.3. If, after we have sent you a confirmation of your order, it becomes apparent that the Goods ordered by you are no longer in stock due to being sold out, we will inform you of this fact, which will terminate the purchase agreement entered into in relation to
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these Goods. If you have already paid us the purchase price of the Goods, we will return it to you in the manner in which you paid it to us or in another agreed manner.
3.3. Can I get a copy of the purchase agreement?
3.3.1. Yes. The purchase agreements entered into are archived in an electronic repository.
3.3.2. We will be happy to provide you with a copy of the purchase agreement entered into up to 6 months after its commencement date.
3.3.3. In order to send you a copy of the purchase agreement, we need you to send us a written request to the contact details listed in Art. 12 below and to prove your identity.
3.4. When do I acquire ownership of the Goods?
3.4.1. The ownership of the Goods, as well as the risk of damage to the Goods, will pass to you as the buyer at the moment when you accept the Goods and pay the purchase price in full.
4. SHIPPING, PAYMENT METHODS, Billing, COMPLAINTS
4.1. What are the shipping options?
4.1.1. In our E-shop, the following shipping options for the Goods ordered are:
(i) Picking up at one of our Gift Shops;
(ii) Delivery by Zásilkovna s.r.o. (www.zasilkovna.cz);
(iii) Delivery by one of the carriers to the address you have entered;
(iv) Delivery by e-mail in the case of Gift Cards and Tickets.
4.1.2. The types of shipping we offer for your chosen place of delivery, 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 cart.
4.1.3. You can also find more information about the individual types of shipping offered 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. If necessary for operational reasons (with regard to the volume, weight and/or security 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 shipping cost and you will be responsible for the cost associated with your selected shipping type displayed in your cart prior to submitting your order.
4.2. How long does it usually take to deliver the Goods?
4.2.1. We try to dispatch (hand over to the carrier) the ordered Goods as soon as possible after receipt of your order and entering into the purchase contract.
4.2.2. We will deliver the Goods ordered after checking the stock level within a period of time based on its availability and according to our operational capabilities, but no later than 30 days from submitting your order. This applies even if the E-shop indicates the usual delivery or dispatch of the Goods, as this information is indicative only.
4.2.3. If we fail to deliver the ordered Goods within 30 days of the order, you have the right to cancel your order and withdraw from the purchase agreement, if any.
4.2.4. We are not liable for any damage caused by delivery of the Goods later than 30 days after you have placed your order.
4.2.5. According to your choice, the Goods will be delivered to our Gift Shop, pickup point of the chosen carrier or to the address specified in the order.
4.2.6. The Goods ordered will be delivered in your hands. If you are unable to take the delivery of the parcel personally, you may entrust another natural person over 18 years of age who resides in the apartment or other premises specified at the address given to take delivery upon 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 shipping cost based on the type of transport chosen and any costs associated with the chosen type
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of payment method, using any of the payment methods we offer, depending on the place of delivery of the Goods. Currently, the following methods are available:
(i) Cash on delivery, when the total purchase price, including the shipping costs and the costs of the chosen payment method, is paid to the carrier in cash and/or by payment card upon delivery of the Goods;
(ii) Online payment using 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) With our Gift Card.
4.3.2. If you choose to pay with a Gift Card, you must enter the 12-digit number on the Gift Card in your order.
4.3.3. If the value of the Gift Card used for payment is not sufficient to cover the price of the Goods ordered, including the costs of the chosen shipping and payment method, you must pay the remaining amount by another payment method that will be offered to you in respect of the chosen place of delivery in the cart.
4.3.4. If the value of the Gift Card used for payment exceeds the price of the Goods ordered, including the costs of the chosen shipping and payment method, the remaining, unused value of the Gift Card will not be refunded and it cannot be used to pay for the next order either.
4.3.5. The cost of each payment method offered for the place of delivery selected will be shown in your cart when selecting the shipping and payment method.
4.3.6. For information on the costs associated with each payment method and more details on how they work, please follow this link: https://eshop.prazdroj.cz/doprava-a-platba - Eshop.
4.3.7. As for 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 we are not responsible for its operation.
4.4. When will I receive the tax document (invoice)?
4.4.1. We will send you a tax document for the Goods purchased to the specified e-mail address immediately after payment of the full purchase price, including the shipping cost and the costs of the payment method.
4.5. What should I do if I receive a damaged shipment?
4.5.1. When taking delivery of your parcel, please check that the packaging is not damaged and that the correct number of parcels are being delivered as notified.
4.5.2. If the packaging of the shipment is damaged, or if the carrier has delivered fewer parcels to you than notified, you must notify the carrier of this immediately and not accept the parcel.
4.5.3. By signing the delivery/shipment note and/or other similar document, you confirm that the shipment containing the Goods ordered has been delivered in good condition 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 simplify your 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 create an Account by filling in all the required fields of the registration form which will be displayed when you click on the link https://eshop.prazdroj.cz/eshop/register.
5.3. If you wish to register as a business or to register a legal entity, you must fill in additional company details as part of the registration process.
5.4. Before completing the registration process (by clicking 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 of use of our website, which are contained in the document referred to as the Terms and
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Conditions of Use of the Website and which is available at the following link: Podmínky užití stránek | Plzeňský Prazdroj - Eshop.
5.5. By clicking the "register" button you confirm that all the information you have entered in the registration form is correct and true. If you are registering a legal entity, you must also confirm that you are authorized to represent that legal entity, at least to the extent necessary to create the Account and to enter into purchase agreements for it.
5.6. Once you have completed the registration, we will send you an e-mail message to the e-mail address provided that your Account in our E-shop has been created and you are asked to confirm that you are actually interested in registering. Only after this confirmation, your Account will be set-up and activated.
5.7. In your Account, you can change any of the details you entered when you registered. If you wish to delete your Account, please contact us using the contact details set out in12 below.
5.8. If your Account is inactive for more than 2 years, we will notify you by email to the email address provided, and if you do not log in to your Account within 30 days of receiving this email, we will cancel your Account.
5.9. If you register, you are subject to the following obligations:
(i) To keep your login details to our E-shop confidential and not to disclose them to third parties;
(ii) To inform us using the contact details listed below in Art. 12, if your Account and/or your login details have been misused or you suspect that they may be misused;
(iii) To comply with the rules of use of our website which are set out in the document called Terms and Conditions of Use of the Website which is available at the following link: Podmínky užití stránek | Plzeňský Prazdroj - Eshop.
6. RIGHT TO WITHDRAWAL FROM THE PURCHASE AGREEMENT
6.1. Can I as a consumer withdraw for the agreement?
6.1.1. If you purchase Goods in our E-shop as a consumer to the extent of the Civil Code, you are entitled to withdraw from the purchase agreement in all cases provided for by law, including without giving a reason under Section 1829 of the Civil Code.
6.2. What are the conditions for withdrawing from a purchase agreement without giving a reason (Section 1829 of the Civil Code)?
6.2.1. The statutory period for withdrawal from a purchase agreement is 14 days in this case and expires 14 days after the day following the day on which you took delivery of the purchased Goods, or the last item thereof if you purchased more than one item of Goods under the purchase agreement.
6.2.2. You may exercise your right to withdraw from the contract by any unambiguous statement (for example, by letter sent via the postal service provider to our registered office or by e-mail sent to eshop@asahibeer.cz) or you may (but are not obliged to do so) use the sample withdrawal form available at this link HERE.
6.2.3. In order to comply with the statutory deadline for withdrawal from the purchase agreement, it is sufficient if you send us information that you withdraw from the purchase agreement for the Goods before its expiry.
6.2.4. We will confirm the acceptance of your withdrawal from the purchase agreement entered into in text form by sending you an e-mail to the e-mail address you entered in your order.
6.2.5. Upon delivery of your notice that you exercise this right and withdraw from the purchase agreement, the agreement is annulled. As a result, you and we are obliged to reimburse each other for any consideration we have received under the purchase agreement (or part thereof) from which you have withdrawn.
6.2.6. If you withdraw from the purchase agreement for the Goods, we will refund all funds received from you under the relevant purchase agreement, including the shipping cost, but only up to the cost of the cheapest means of transport we offer (i.e. the difference between the cost of this cheapest means of transport we offer and the cost of the means of transport you have chosen to deliver the Goods you have ordered is your responsibility).
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6.2.7. We will return you the funds received without undue delay, no later than 14 days from the date we receive your withdrawal from the agreement, or upon receipt of the returned Goods, or sooner, after you prove you have sent the Goods to us.
6.2.8. We will use the same payment method you used to pay the purchase price and shipping costs, or the payment method you selected, to refund the funds received, unless you specifically state otherwise. In any case, you will not incur any additional costs.
6.2.9. If you exercise your right and withdraw from the purchase agreement (or part thereof) within the statutory period, you must send us back the Goods you have received from us under that purchase agreement (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 so that they are sufficiently protected against damage or deterioration during transit and send them to the following address: Eshop Plzeňský Prazdroj a.s., U Prazdroje 64/7, Plzeň 301 00, Czech Republic.
6.2.11. If the Goods for which you have withdrawn from the purchase agreement have been depreciated in value due to the fact that you have handled them in a way other 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 cannot exercise your right to withdraw from the agreement when delivering any of the following types of Goods:
(i) Goods customized according to your wishes, such as glasses with dedication;
(ii) Goods delivered in sealed packaging that you have removed from the packaging and cannot be returned for hygiene reasons;
(iii) Gift Cards and Tickets.
6.3. Can I withdraw from the purchase agreement if I did not purchase the Goods as a consumer?
6.3.1. If you purchase Goods in our E-shop as a business (natural person - entrepreneur and/or legal entity), you may withdraw from the purchase agreement only in cases provided for by the Civil Code.
6.4. When can we withdraw from the purchase agreement?
6.4.1. We may withdraw from the purchase agreement in cases where this is provided for by law.
6.4.2. One of these cases is a material breach of the agreement on your part, which arises if you do not take delivery of the Goods ordered when they are delivered to you, or if, on delivery of alcoholic beverages, you refuse to prove that you are over 18 years of age, or are found to be under 18 years of age.
6.4.3. If you do not take delivery of the Goods delivered to you, even within the time limit set by your chosen carrier, and the Goods are returned to us by the carrier, we are entitled to withdraw from the purchase agreement we have entered into with you for the Goods. We will inform you of this fact by e-mail sent to the e-mail address you have provided.
6.4.4. If we withdraw from the purchase agreement, the agreement is annulled and you and we must reimburse each other for the consideration we have provided to each other.
6.4.5. If you have paid the price of the Goods in advance, we will immediately return you any funds we have received from you in this connection by the same payment method you used for payment, 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 agreement does not extinguish our right to compensation for any damages we may incur as a result of your actions.
7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE, RIGHTS ARISING FROM THE QUALITY GUARANTEE AND THE METHOD OF EXERCISING THEM (CLAIMS)
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7.1. In accordance with the laws and regulations, you are entitled to the rights from defective performance. These rights and their exercise are free of charge for you.
7.2. To the extent set out in our Complaints Policy, we also provide you with a guarantee of quality in relation to the Goods purchased, except for Gift Cards, Tickets and Goods for which this is not possible by definition. As for alcoholic beverages and other foodstuffs, the guarantee lasts for the expiry date or shelf life indicated on the packaging.
7.3. You can find the rights from 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 complaint process, you can contact us using the contact details provided in Art. 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. In our E-shop we process, as a so-called controller to the extent of the GDPR, the personal data of those visitors and Customers who are natural persons, so-called data subjects to the extent of the GDPR.
10.2. This article provides for the 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 such processing of your personal data and how you can exercise them.
10.3. Processing for the purpose of entering into and fulfilling the purchase agreement
10.3.1. In the case of a purchase in our E-shop, we will process your personal data for the purpose of entering into and subsequently fulfilling the purchase agreement which provides for the delivery of the Goods you have ordered.
10.3.2. Providing your personal data for the processing for this purpose is necessary for the purchase of the Goods in our E-shop.
10.3.3. For this purpose, we will process the following categories of your personal data:
(i) Identifying personal data (e.g. name and surname);
(ii) Contact details (address and/or place of delivery, email address and telephone number);
(iii) Information relating to your purchase (the Goods ordered, the type of transport and payment method chosen, the fact that you are over 18 years of age and the number of the document used to prove this on delivery of alcoholic beverages); and
(iv) Or 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 title resulting from Art. 6 (1) (b) of the GDPR (performance of the contract), as without their processing we would not be able to enter into a purchase agreement with you and deliver the Goods ordered.
10.3.5. For this purpose, we will process your personal data for the necessary period of 6 months from the date of entering into the relevant purchase agreement.
10.4. Processing for the purpose of creating and maintaining your Account in our E-shop
10.4.1. If you register to our E-shop, we will process your personal data for the purpose of creating and maintaining your Account.
10.4.2. Providing your personal data for processing for this purpose is voluntary.
10.4.3. For this purpose, we will process the following categories of your personal data:
(i) Personal data associated with the Account (e.g. login name and password);
(ii) Identifying personal data (e.g. name and surname);
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(iii) Contact details (address and/or place of delivery, email address and telephone number);
(iv) Information that you are an entrepreneur, or that you represent a legal entity for which you are creating the Account (e.g. business name, Comp. Id. No., TIN 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) Or 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 title resulting from Art. 6(1)(a) of the GDPR, being your consent.
10.4.5. For this purpose, we will process your personal data for the necessary 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 stop processing your personal data for this Purpose.
10.5. Processing for the purpose of marketing communications (direct marketing)
10.5.1. If you purchase Goods in our E-shop, we will process your personal data for the purpose of direct marketing.
10.5.2. Providing your personal data for processing for this purpose is essential for making a purchase of Goods in our E-shop.
10.5.3. For this purpose, we will process the following categories of your personal data:
(i) Identifying personal data (e.g. name and surname);
(ii) Contact details (email address and phone number);
(iii) Details of your purchase; and
(iv) Any objection you may have to this processing of your personal data.
10.5.4. We will process your personal data on the basis of the legal title resulting from Art. 6 (1) (f) of the GDPR, i.e. our legitimate interest which is to offer you other Goods similar to the ones you have purchased in 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 notified us of your objection to the processing of your personal data for this purpose and to sending you any other commercial communications as part of direct marketing.
10.5.6. You can send us your objection at any of the contact details listed in Art. 12 below, or by clicking on the link contained in any commercial communication we send you for direct marketing purposes.
10.6. Processing for the purpose of marketing communications (other than direct marketing)
10.6.1. If you wish us to contact you with marketing communications other than for the purpose of direct marketing (i.e. not only communications relating to your purchase in our E-shop), we will process your personal data for this purpose as well.
10.6.2. Providing your personal data for processing for this purpose is voluntary.
10.6.3. For this purpose, we will process the following categories of your personal data:
(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 title resulting from Art. 6(1)(a) of the GDPR, being your consent.
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10.6.5. We will process your personal data for this purpose for as long as necessary, namely 12 months from your last activity, i.e. purchase in our E-shop and/or viewing our marketing communication sent to you, unless you withdraw your consent earlier.
10.7. Processing for the purpose of our legitimate interests
10.7.1. If you purchase Goods in our E-shop, we will also process your personal data for the purpose of our legitimate interests which consist of protecting our rights in connection with any claims and other cases where we may need data related to your purchase in our E-shop, i.e. your personal data, in order to exercise our rights. We may also have legitimate interests, such as displaying 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 essential for purchasing Goods in our E-shop.
10.7.3. For this purpose, we will process the following categories of your personal data:
(i) Identifying personal data (e.g. name and surname, details of your Account);
(ii) Contact details (e.g. email address, telephone number, address and/or place of delivery);
(iii) Information about your purchase in 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 title resulting from Art. 6 (1) (f) of GDPR, which consists in the protection of our rights protected by law and legitimate interests.
10.7.5. We will process your personal data for this purpose for as long as necessary, namely 15 years from your purchase of the Goods, or from the settlement of any claimed defects 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 process 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 deployed in 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 Art. 10.8 of the document called Terms and Conditions of Use of the Website which is available at this link: Terms and Conditions of Use of the Website | Plzeňský Prazdroj - Eshop.
10.9. Processing for compliance with legal obligations
10.9.1. If you purchase Goods in 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 essential for purchasing Goods in our E-shop.
10.9.3. For this purpose, we will process the following categories of your personal data:
(i) Identifying personal data (e.g. name and surname, details of your Account);
(ii) Contact details (e.g. email address, telephone number, address and/or place of delivery);
(iii) Information about your purchase in 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 the relevant legal obligations.
10.9.4. Your personal data will be processed on the basis of the legal title resulting from Art. 6(1)(c) of the GDPR (compliance with legal obligations).
AEI: Internal
10.9.5. We will process your personal data for this purpose for as long as necessary, namely 15 years from your purchase of the Goods, or from the settlement of any claimed defects or any other communication we have with you., unless other time limits are provided for by law.
10.10. The personal data that we will process about you for the above purposes will be obtained directly from you or from your activity in our E-shop and/or in relation to our marketing communications.
10.11. If we obtain personal data directly from you, it is essential that you provide us with your correct, up-to-date and true personal data, and if this subsequently changes, you must inform us of this fact using the contact details provided in Art. 12 below.
10.12. We will process your personal data ourselves or through our processors that we will involve in the processing after meeting the conditions set out in Art. 28 of the GDPR.
10.13. Processing will be primarily automated, or manual if necessary.
10.14. No automated processing of your personal data, including profiling, will take place in the processing, and you will not be subject to any decision based solely on automated processing that would have legal effects for you or 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 in the business group to which our company belongs, which provide us with support services in IT, accounting, reporting, controlling, marketing and management;
(ii) 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) Law enforcement authorities and other public authorities, always upon their request;
(iv) Joint controllers (see below); and/or
(v) Other independent controllers.
10.16. As for some of your personal data, we act as joint controllers to the extent of the GDPR. In practice, this means that your personal data is processed by us and by that other controller, each for its own purpose, but in obtaining them we proceed jointly. This is the case, for example, when processing your personal data using a tool called the Facebook pixel, which is deployed in our E-shop, or when measuring 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 those websites, please visit their websites. If you wish to exercise any of your rights in relation to 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 your personal data is used can be found under the relevant consent.
10.18. Our company will process your personal data primarily in the European Union and the European Economic Area. In the event that there is a need to process your personal data outside this area, we will only do so if the terms and conditions of the GDPR, including without limitation Art. 44 et seq.
10.19. In connection with the processing of your personal data that we will carry out, you are entitled to the following rights, subject always to the terms and 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 have the inaccurate personal data we process about you rectified;
(iv) The right to erasure of the personal data we process about you;
(v) The right to restrict the processing of your personal data:
(vi) The right to portability of the personal data we process about you;
(vii) The right to inform you that there has been your personal data breach where the breach is likely to result in a high risk to your rights and freedoms.
AEI: Internal
10.20. You can exercise the above rights with us by contacting us at the contact details in Art. 12 below, or by sending an email to our Data Protection Officer at the following email address: personaldataprotection@eu.asahibeer.com.
10.21. In addition to the above rights, you also have the right to file 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. For more detailed information on how we process your personal data and how you can exercise your rights with us, please refer to the document called Privacy Policy available at this link https://eshop.prazdroj.cz/ochrana-soukromi. For more information about the processing of your personal data by us through cookies and similar tools, please refer to the document called Terms and Conditions of Use of the Website available at this link: Podmínky užití stránek | Plzeňský Prazdroj - Eshop. Please familiarise 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. Authorization to sell Goods in the E-shop
11.1.1. We are authorised to sell Goods in our E-shop under the relevant trade licence.
11.1.2. Control in trade business is carried out by the competent trade licensing authority within the scope of its competence.
11.2. Supervision of consumer protection
11.2.1. The Czech Trade Inspection Authority is responsible for supervising compliance with the laws and regulations in the field of consumer protection in connection with the sale of Goods in our E-shop.
11.3. Out-of-court dispute resolution
11.3.1. If you shop in our E-shop as a consumer to the extent of the Civil Code, we would like to inform you that you have the right to file an application for out-of-court dispute resolution in order to reach an agreement with us.
11.3.2. An application for out-of-court dispute resolution must be filed with the competent authority, which is the Czech Trade Inspection Authority for purchase agreements entered into in our E-shop and under of these Terms and Conditions (www.coi.cz). Upon delivery of the application (with the prescribed content) to the Czech Trade Inspection Authority, the out-of-court dispute resolution is initiated.
11.3.3. The submission of the application 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, will bear any costs incurred by it in this out-of-court settlement.
11.3.4. You may file an application for out-of-court dispute resolution no later than 1 year from the date on which you first filed your claim with us.
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 to the extent of Section 1820 (1) (n) of the Civil Code.
12. OUR CONTACT DETAILS
12.1. Below you will find our contact details which you can use to contact us if you have any questions, wishes or requests to exercise your rights.
(i) Headquarters: U Prazdroje 64/7, Plzen, postal code 301 00, Czech Republic, Comp. Id. No.: 45357366
(ii) E-mail address: eshop@asahibeer.cz
(iii) Shop phone number: +420 724 618 672
(iv) Data box: db8cgqz
13. FINAL PROVISIONS
AEI: Internal
13.1. These Terms and Conditions apply to all your purchases of Goods in our E-shop and form an integral part of the purchase agreement entered into between you and us for the Goods you order.
13.2. In the event of a conflict between these Terms and Conditions and the wording of the purchase agreement, the wording contained in the purchase agreement will prevail over these Terms and Conditions.
13.3. If any provision of the purchase agreement entered into, 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, including without limitation the Civil Code and Act No. 634/1992 Sb., on consumer protection, as amended.
13.5. We would like to inform you that we may update these Terms and Conditions if necessary (e.g. due to new legislation or for technical or operational reasons). The updated version of the Terms and Conditions will be effective from the moment of publication in the E-shop, unless otherwise stated therein.
13.6. If you purchase Goods in our E-shop as a business, by submitting your order, you and we make an agreement in accordance with the provisions of Section 89a of Act No. 99/1963 Sb., the Civil Procedure Code, as amended, that any dispute not resolved amicably between you and us will be resolved by a court having subject-matter and venue jurisdiction according to our local jurisdiction. At the same time, you agree that the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) will not apply to the relationship arising from these Terms and Conditions.
13.7. These Terms and Conditions came into effect on 3 February 2025.
In Plzeň on 3 February 2025