These General Business Terms and Conditions (hereinafter referred to as the “Business Terms”) apply to contracts entered into via the online shop ‘Via Tempia’, located on the web interface www.viatempia.com (hereinafter referred to as “web interface”), between

the entrepreneur Bubby Bubby s.r.o., VAT: CZ06184405, with his registered office at Dlouha 322/8, 251 01, Ricany – Strasin, Company ID No. (IC):  06184405, registered since 12.6.2017, Copyright@2016 viatempia.com

Bank connection

Crown account CZ: 2201242566 / 2010
Euro account CZ: 2101242569 / 2010

Address for delivery: Bubby Bubby s.r.o., Kratka 203, 251 01 Babice-Ricany u Prahy, contact e-mail: [email protected]

as the seller

and you as the purchaser

1. PREAMBLE

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Under a purchase contract, we undertake to deliver to you the goods listed in your order, and you undertake to take delivery of the goods (either in person or from a carrier) and to pay us the purchase price (hereinafter also referred to as the “price”), including any costs associated with the delivery of the goods and charges/fees, if any, related to the selected method of payment as specified in the order.

Goods sold using the web interface that constitute an alcoholic beverage are governed by Act No. 379/2005 Coll., on Measures for Protection against Damage Caused by Tobacco Products, Alcohol and Other Addictive Substances, as amended. Such goods may not be sold to persons under the age of 18.

Prices at ‘viatempia.com’ are stated including VAT (21 %).

You acquire the title to the goods upon the payment of the entire purchase price, but not before you take delivery of the goods.

1.1. Does the purchase contract apply to goods only?

Any contract entered into under these Business Terms is referred to herein as a purchase contract (hereinafter also referred to as the “contract”). It may, for example, include a service contract, too.

1.2. If the purchase contract a consumer contract?

The consumer contract is involved if you are a consumer, i.e. if you are a natural person and you purchase goods beyond the scope of your business activities or the scope of self-employment. Otherwise, the consumer contract is not applicable, and the consumer protection under the laws and these Business Terms does not apply to you. Especially if you are not a consumer, you do not have the right to rescind the contract without stating a reason.

1.3. What special rights do you, as a consumer, have?

As a consumer, you have above all the following rights:

– the right to rescind a contract concluded using the means of distance communication, such as telephone, e-mail or online shop (Article 5 of these Business Terms);

– the entitlement to a warranty on unused consumer goods in the length of 24 months (warranty claims are governed by the Returns Policy);

– the right to the disclosure of information before the contract is concluded (the information is contained in these Business Terms or on the web interface);

– the right to an out-of-court settlement of a consumer dispute under the contract (Article 7.3 of these Business Terms).

1.4. What governs our legal relationship?

Our legal relationship is governed by the following documents:

– these Business Terms that define and detail our mutual rights and obligations;

– the Returns Policy that we will adhere to when dealing with complaints concerning the goods;

– the terms of use of the web interface that deal with registrations made using the web interface, protection of your personal data, web interface content protection, and some other relationships related to the use of the web interface;

– the terms and instructions stated on the web interface, particularly when concluding a contract;

– an order and its acceptance by us;

and in issues not dealt with herein also by the following legislation:

– Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”);

– Act No. 634/1992 Coll., on Consumer Protection, as amended (only if you are a consumer).

If your residential address or registered office is located outside the Czech Republic, or if our legal relationship contains another international element, you acknowledge that our relationship is governed by Czech law. If you are a consumer and the laws of the country of your residence provide you with a higher level of consumer protection than the Czech laws, you will be provided with that higher level of protection in legal relationships.

1.5. How do you express your consent to the Business Terms?

By placing an order, and also by confirming on the web interface that you have become acquainted with and agree to these Business Terms.

We may amend or supplement the wording of the Business Terms. Your rights and obligations shall always be governed by that wording of these Business Terms, which was in effect when such rights and obligations came into being.

2. PURCHASE CONTRACT

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2.1. How do we conclude a purchase contract?

The web interface contains a list of goods including the description of the main features of each item. The price stated for each item includes all taxes, duties and charges. The presentation of the goods is informative, and it does not constitute our proposal for the conclusion of a contract within the meaning of § 1732 (2) of the Civil Code. Concluding a contract requires you to send an order and us to accept it.

2.2. How to place an order?

You can always place an order via the web interface (by completing the form), or by telephone, e-mail or using other means, according to the current information provided on the web interface.

We will conclude the purchase contract concerning alcoholic beverages if you are over 18 years old at the time of placing the order; when placing your order, you confirm that you are over 18 years old.

The order must include all the information stated in the form, in particular the exact specification of the ordered goods (if applicable, the numeric code of the goods), the number of items, the chosen method of payment and shipping, and your contact details (delivery and invoicing, if applicable).

Before submitting an order, please check the details you have given; after pressing the “Order” button, your order will be binding. We consider the information given in the binding order to be correct and complete. Please inform us about any change in such information without delay, by telephone or e-mail.

We will notify you once we receive the order. The information (confirmation) that the order has been received is sent automatically, and does not constitute our acceptance of the order, unless the confirmation expressly states so.

If we have any doubts about the authenticity and seriousness of the order, we may contact you for its verification. When purchasing alcoholic beverages, we can ask you to prove that you are over 18 years old. An unverified order, including any order in respect of which the reaching of the age of 18 has not been proved, may be refused by us. Such an order is then deemed to not have been submitted.

2.3. When is the contract concluded?

The purchase contract is concluded once you are delivered our acceptance of the order. The acceptance of the order will be sent to you using the email address you provided in the order. If the order was not accepted, the contract is concluded when you pay the entire purchase price or take delivery of the ordered goods (whichever comes first). The acceptance of the order (acceptance) may be part of the information confirming receipt of the order inaccordance with Article 2.2 of these Business Terms (if expressly stated in the confirmation), or may follow the confirmation separately.

Information on individual technical steps leading to the conclusion of the contract can be seen on the web interface.

2.4. Can you cancel the order that has been sent?

You can cancel an order that has not yet been accepted by us (i.e. you have not been sent our acceptance of the order in accordance with Article 2.3 of these Business Terms), by phone or e-mail. All orders accepted by us are binding. Any later cancellation of the order is only possible if agreed with us beforehand. If the order of goods that are the subject of a contract that cannot be rescinded (for more details, see Article 5) is cancelled, we are entitled to the reimbursement of the costs we have already incurred in connection with the contract.

2.5. Can the prices stated on the web interface change?

The prices of the presented goods, and the packaging, transport and delivery prices remain valid for as long as they are displayed on the web interface. Any discounts on the price of the goods cannot be mutually combined, unless otherwise explicitly stated on the web interface.

In the event that there is an obvious technical error on our part when placing the price of the goods on the web interface or during the ordering process, we are not obliged to deliver the goods at such an obviously incorrect price, even if you were sent the order acceptance pursuant to these Business Terms. In such an event, we reserve the right to rescind the contract.

If the price stated at the goods on the web interface or during the ordering process is no longer valid, we will immediately inform you of this fact. If your order has not yet been accepted, you will not be obliged to conclude the contract.

Orders that have been sent shall not be affected by any change in the price that will occur in the period between the date the order was sent and the date of its acceptance by us in accordance with Article 2.3 of these Business Terms.

2.6. What languages can the contract be concluded in?

The contract can be concluded in the Czech language, unless we expressly agree on any other language.

2.7. Can you get the contract in the text form?

The contract is not concluded in writing with the signatures of the contracting parties. The contract consists of these Business Terms, your order and its acceptance by us. The entire contract will be sent to you by e-mail or, at your request, in the paper form by post. When sending the contract by post, we can ask you to reimburse us for the costs associated with it.

2.8. Is the contract stored somewhere?

We archive the contract (including these Business Terms) in the electronic form. The contract is not accessible by third parties, but we will send it to you upon request.

2.9. What if you do not understand anything in the contract?

If you have any questions concerning the Business Terms or the contract, you can contact us by phone or e-mail. We will gladly provide you with all the information necessary.

3. PAYMENT TERMS AND CONDITIONS

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3.1. What methods of payment do we accept?

You can pay the purchase price in the following ways:

– in cash when goods are shipped C.O.D. (collect on delivery), or collected in person;

– by cashless payment before the delivery of the goods, through a payment gateway;

– by cashless payment before the delivery of the goods, by bank transfer to our bank account (instructions will be communicated to you in the order acceptance).

Any other methods of payment are listed on the web interface.

Some methods of payment (in particular, C.O.D.) can be charged. Such charges are listed on the web interface. The order will always show the final price that already includes the charges associated with the selected method of payment.

3.2. When is the purchase price due?

As concerns cash payments, the price is due and payable upon taking delivery of the goods. As concerns cashless payments prior to the delivery of the goods, the price is due and payable within five days of the acceptance of the order in accordance with Article 2.3. As concerns cashless payments, your obligation to pay the price is fulfilled once the relevant amount is credited to our bank account.

3.3. What currency can you pay in?

The payment for goods is possible in Euros (EUR).

3.4. When can we request a deposit or payment beforehand?

We can request a deposit on the purchase price, especially for orders with a total price over 200 EUR.

We are also entitled to ask you to pay the full price of the goods before they are shipped or handed over (§2119 (1) of the Civil Code shall not apply).

4. DELIVERY TERMS AND CONDITIONS

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4.1. How do we send the goods?

The ways of delivering goods are listed on the web interface. You can choose the specific way of delivering goods in your order. If you do not choose any method of transport, we can determine it.

4.2. What are the costs of delivering goods?

The costs of delivering the goods always depend on the size and nature of the goods, and on the pricelist of the selected carrier. Actual costs of delivering goods are listed on the web interface.

The order will always show the final price that already includes the costs of the selected method of transport.

4.3. When do we deliver the goods?

The delivery time of the goods always depends on their availability and on the chosen method of transport and payment.

Goods that are in stock will usually be dispatched by us within two business days following the acceptance of the order (if to be delivered C.O.D. or collected in person) or the crediting of the payment to our account (for cashless payments).

Goods that are not in stock will be dispatched as soon as possible. We will inform you about the exact date.

Delivery of the goods pursuant to these Business Terms is deemed to be the moment when the goods are delivered to you. If you refuse to take delivery of the goods unfoundedly, such refusal does not constitute a breach of our obligation to deliver the goods, nor does it constitute your rescission of the contract.

4.4. How to proceed when taking delivery of the goods?

When taking delivery of the goods, please check the integrity of the packaging of the goods. If you find any deficiencies, inform the carrier and us immediately. If you refuse to take delivery of a shipment with damaged packaging, it will not be deemed to be an unfounded refusal of the goods.

The liability for any accidental damage to, destruction or loss of, the goods shall pass on to you at the moment of taking delivery of the goods (or at the moment you were obliged to take delivery of the goods, but you did not do so in contradiction with the contract).

4.5. What happens if you do not take delivery of the goods?

If, for any reasons on your part, it will be necessary to deliver the goods repeatedly or in any manner other than agreed, you will be obliged to pay the costs associated with such delivery.

If you do not take delivery of the goods unfoundedly, we will be entitled to the reimbursement of the costs associated with the delivery of the goods and their storage, as well as any other costs incurred by us due to the non-acceptance of the goods. These costs shall not exceed 4 EUR per day of storage. The storage costs can reach a maximum of 20 EUR or the amount of the purchase price if it is less than 20 EUR.

Furthermore, we have the right to rescind the contract in such a situation.

5. RESCISSION OF THE PURCHASE CONTRACT

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5.1. How can you rescind the contract?

You may rescind the purchase contract within 14 days of the date you took delivery of the goods; if the delivery takes place in several parts, then from the date of taking delivery of the last shipment. You are advised to send notice of rescission of the purchase contract to our delivery address or e-mail address. We will confirm receipt of the notice without undue delay.

You do not have to state any reasons for rescinding the contract.

5.2. What are the consequences of a rescission of the contract?

Once rescinded, the contract is cancelled ex tunc (from the outset) and deemed to not have been concluded.

If a gift has been provided to you with your consent together with the goods, the gift agreement will cease to be effective once the contract has been rescinded by either contracting party. Return the gift to us together with the returned goods.

5.3. When the contract cannot be rescinded?

In accordance with § 1837 of the Civil Code, it is not possible to rescind, inter alia, the following contracts:

– a contract on the delivery of goods that have been customised to your liking or for your person;

– a contract on the supply of perishable goods, as well as goods which have been irreversibly mixed with any other goods after their delivery.

5.4. How do you return the goods?

You are required to return the goods to us within 14 days of the rescission of the contract, to our delivery address, to any establishment, or to the address of our registered office. Do not send the goods C.O.D. We are not obliged to take delivery of any goods that were sent C.O.D.

We recommend returning the returned goods together with:

– a copy of the delivery note and the invoice, if these documents have been issued, or any other document proving the purchase of the goods;

– a written statement of rescission (using our form, or otherwise) and the chosen form of refund (transfer to a bank account, personal cash receipt or money order, or otherwise). Please include your delivery address, telephone number and e-mail address in the statement.

A failure to submit any of the above documents does not prevent the affirmative settlement of your rescission of the contract in accordance with statutory conditions.

5.5. When will you get your money back?

We will refund to you all received funds within 14 days of the rescission of the contract. Please note, however, that we are not obliged to return you the money before you return the goods or prove that you have sent us the goods.

In addition to the refund of the purchase price, you are also entitled to the refund of the costs of delivery of the goods to you. However, if you have chosen other than the cheapest way of delivering the goods we offer, we will refund to you the costs of delivering the goods corresponding to the cheapest way of delivering the goods.

We will return the money to you:

– the same way we accepted it, or

– the way you want.

In addition to the above ways, we can always return the money by sending it to the bank account you determine, or to the bank account from which the funds have been sent to pay the purchase price (if you do not disclose to us any other bank account within ten days of the rescission). By accepting these Business Terms, you agree to the sending of the funds in accordance with the previous sentence, provided that you do not incur any additional costs as a result of that.

The costs associated with sending the returned goods to our address will be borne by you, even if, given their nature, the goods cannot be returned by usual post.

5.6. What if the returned goods were damaged?

When shipping the goods, please pack them in a suitable packaging to avoid their damage or destruction.

If we find out that the goods you have returned are damaged, worn, contaminated or partially consumed, you are liable to us for such diminished value of the goods.

5.7. When can we rescind the purchase contract?

We reserve the right to rescind the contract in the following cases:

– if, due to a technical error, an obviously incorrect price was displayed on the web interface (Article 2.5 of these Business Terms);

– if the goods cannot be delivered under the original conditions for objective reasons (mainly because the goods are no longer produced, the supplier has ceased to supply them to the Czech Republic, etc.);

– if the performance becomes objectively impossible or unlawful.

If any of the above events occurs, we will promptly inform you about our rescission. The rescission is effective vis-à-vis you upon the delivery of a notice of rescission to you.

If you have already paid the purchase price in full or in part, we will return to you the amount we have received, by bank transfer to the bank account which you disclose to us for this purpose or from which you have made the payment. We will refund the money to you within five days of the rescission of the purchase contract.

6. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

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Your rights arising from defective performance are governed by the applicable generally binding legal regulations (in particular by the provisions of § 1914 to § 1925, § 2099 to § 2117 and, if you are the consumer, by § 2158 to § 2174 of the Civil Code).

When exercising the rights arising from defective performance, we will proceed in accordance with our Returns Policy. Before submitting a complaint, you should thoroughly familiarise yourself with the Returns Policy so that the complaint can be processed as quickly as possible and to your satisfaction.

7. PROTECTION OF PERSONAL DATA

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7. 1. The protection of our customers’ personal data is very important to us. The rules for the handling of personal data, the rules for sending commercial communications as well as cookies are regulated in our privacy policy.

7. 2. We send commercial communications to customers offering related goods or services to the customer’s electronic address (commercial communications to customers). The email address is personal data and is processed in accordance with Regulation 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) for the purpose of sending commercial communications based on our legitimate interest to promote our similar products and services. The customer can unsubscribe from receiving commercial communications at any time.

7. 3. We use so-called cookies, which may be stored on the end device (either by consent or to protect our legitimate interests). Customers can set their preferences directly on our website, where they can find more information about the use of cookies.

8. FINAL PROVISIONS

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8.1. What authorisations do we have to carry out our activity and who controls us?

We are authorised to sell goods on the basis of a trade licence. Our activity is not subject to any other authorisation.

Trades-related inspections are carried out by the relevant Trades Licensing Office within the scope of its competence. The Czech Trade Inspection Authority (http://www.coi.cz/) inspects the compliance with legislation concerning the technical requirements on goods and safety of goods; as concerns foodstuffs, the Czech Agriculture and Food Inspection inspects compliance with standards that impose requirements on foodstuffs (http://www.szpi.gov.cz). The Czech Trade Inspection Authority also reviews compliance with consumer protection regulations. Consumers’ rights are also defended by interest associations of consumers, and other entities to protect them.

8.2. How do we handle complaints?

We handle any complaints through our contact email. You can also contact the entities/authorities referred to in Article 7.1. In relation to our customers, we are not bound by any code of conduct, nor do we adhere to any such code.

8.3. What are your rights in a consumer dispute?

If you are a consumer and if any dispute arises between us that we fail to resolve directly, you have the right to refer such dispute to the Czech Trade Inspection Authority (address: Czech Trade Inspection Authority, Central Inspectorate – ADR department, Stepanska 15, 120 00 Prague 2, web interface: www.coi.cz, www.adr.coi.cz, electronic contact: [email protected], telephone: +420 296 366 360) for out-of-court settlement of a consumer dispute. You may claim this right no later than one year from the date you first exercised the right that is the subject of such consumer dispute.

You can also use the on-line platform set up by the European Commission at http://ec.europa.eu/consumers/odr/ to file a complaint regarding the goods or services you have purchased from us, and to find an entity for an alternative dispute resolution.

8.4. What else should you know?

When signing the contract, means of distance communication (especially the Internet) are used. Costs incurred when using distance communication (especially the Internet or telephone fees) shall be borne by yourself. These costs do not differ from the standard rate.

Unless otherwise agreed, all correspondence between us relating to the contract shall be in writing, either by e-mail, by registered mail, or by personal delivery. We will deliver to you at the email address stated in your order or in your user account.

If any provision of these Business Terms is (or becomes) invalid, ineffective or unenforceable, it shall be replaced by a provision the meaning of which comes closest to the invalid, ineffective or unenforceable provision. The invalidity, ineffectiveness or unenforceability of one provision shall not affect the validity of the other provisions. The contract (including these Business Terms) may only be amended or supplemented in writing.

These Business Terms are valid and effective from 1 October 2016

Terms of use of the web interface

You are on ‘www.viatempia.com’ web interface (hereinafter referred to as the “web interface”), which is operated by the entrepreneur Bubby Bubby s.r.o., with his registered office at Dlouha 322/8, 251 01, Ricany – Strasin, Company ID No. (IC):  06184405, Address for delivery: Bubby Bubby s.r.o., Dlouha 322/8, 251 01 Ricany – Strasin Telephone number: +420 253 253 002 Contact e-mail: [email protected]

Please note that regardless of whether you are purchasing through or just visiting the web interface, you must comply with the following rules that define and detail the terms of use of all functional web interface components.

1. Personal data protection

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When filling in your order on the web interface, you provide us with some of your personal data. Furthermore, when the web interface is used, other data which we have an access to is obtained, stored and processed. By entering personal data and using the web interface you consent to the processing and collecting of your personal data to the extent and for the purposes stated below, for so long until you express your disagreement with such processing.

Personal data protection is very important to us. When handling personal data, we therefore proceed in accordance with the laws of the Czech Republic, in particular with Act No. 101/2000 Coll., on the Protection of Personal Data, as amended (hereinafter referred to as the “APPD”).

1.1. What are personal and other data?

Personal data is the data you voluntarily provide to us as when filling is your order. Personal data means any information that identifies or may identify a particular person. Personal data includes, but is not limited to, the name and surname, photo, date of birth, e-mail address and home address or telephone number.

Other data that we automatically obtain in connection with the use of the web interface is the IP address, browser type, device and operating system, time and number of web interface accesses, information obtained through cookies, and other similar information. Please note that we can obtain such other data regardless of whether or not you purchase on the web interface.

1.2. How do we use personal and other data?

Through the personal and other data we enable you, above all, the easiest use of the web interface.

We also use the data for user support. Data can be used to improve our services, including the utilisation of the web interface user behaviour analysis.

The data can be used for business and marketing purposes, i.e. for keeping a web interface users database and for offering goods and services, for an indefinite period. By sending the order, you agree that commercial messages may be sent to you by electronic means.

You may revoke your consent to receiving commercial messages and e-mail messages for direct marketing purposes at any time, by sending an e-mail to our contact e-mail address.

1.3. How do we administer and process your personal data?

We are a personal data controller within the meaning of the APPD, and we are entered in the register at the Office for Personal Data Protection under registration number 00047188.

We may assign the processing of your personal and other data to a third party as a processor.

Personal and other collected data are fully secured against misuse.

Personal data will be processed for an indefinite period. Personal data will be processed electronically in an automated manner, or in a printed form in a non-automated manner.

1.4. Who do we pass your personal data to?

We do not pass your personal data to any other person. The only exception is external carriers and persons involved in delivering goods. Such persons are provided with your personal data to the minimum extent necessary for the delivery of goods.

1.5. What are your rights in connection with personal data?

You have the right to access your personal data and the right to receive information on its processing (information on the purpose of processing, information on the sources of this data and information on its recipient). This information will be provided to you without undue delay upon your request. Furthermore, you have the right to have your personal data corrected, and other statutory rights concerning the data.

Based on your written request, we will remove your personal data from the database.

If you believe that we, or a personal data processor, process your personal data in violation of law, you may:

– ask us or the processor for explanation;

– request that we or the processor remove the resulting status. In particular, it may involve blocking, correcting, supplementing or deleting personal data.

When protecting your personal data, we will to do our best to satisfy you. However, if you are not satisfied with the settlement, you have the right to contact competent authorities, in particular the Office for Personal Data Protection. This provision shall not affect your right to contact the Office for Personal Data Protection directly with your complaint.

We may request reasonable compensation for providing information about the processing of personal data, which will not exceed the costs necessary to provide the information.

The protection of personal data is supervised by the Office for Personal Data Protection (http://www.uoou.cz).

Both we and potential personal data processors are based in the Czech Republic.

2. Google’s services, and cookies

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The web interface uses the so-called “cookies” for its activities. The web interface also uses the Google Analytics service and may also use other services provided by Google, Inc. (hereinafter referred to as “Google”). Cookies are also used when these services are used.

2.1. What are cookies and how do you agree to their use?

Cookies are text files stored on a computer or other electronic device of each visitor to the web interface, which allow the analysis of how the web interface is used.

By ticking the consent on the web interface, you grant your consent to the use of cookies, as well as to the processing of data about you by Google and by us, in the manner and for the purposes described in detail on the web interface.

2.2. Can you stop storing cookies on your computer?

You can reject the use of cookies by making the relevant choice in the internet browser settings.

Please note that when you reject cookies, one cannot exclude that you will not be able to make full use of all the features of the web interface.

2.3. How does Google use the data?

If you are interested in how Google uses the data it receives from us, you will learn this information by clicking on the following link: How Google uses the data when you use our partners’ websites or applications.

3. Copyright protection

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The content of the website placed on the web interface (texts, photographs, images, logos, etc.), including the web interface software and these Business Terms, is protected by our copyright and may be protected by other persons’ rights. You may not modify, copy, reproduce, distribute or use the content for any purpose without our consent or the consent of the copyright holder. In particular, it is forbidden to make access to photos and text placed on the web interface at no charge or against a charge.

The names and labels of products, goods, services, companies and businesses may be registered trademarks of their respective owners.

3.1. How will we deal with a copyright infringement?

If there is any failure to comply with the prohibition described above, we will proceed in accordance with Act No. 121/2000 Coll., the Copyright Act, as amended.

We, as the copyright holder have, inter alia, the right to request that any interference with our copyright be refrained from, and to request that any unauthorised copies of the protected content be deleted.

Furthermore, we have the right to demand reasonable satisfaction for any detriment and/or damage caused.

4. Other relations concerning the use of the web interface