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BUSINESS TERMS AND CONDITIONS OF Entourage Elixeer s.r.o.
Company ID No. 109 63 421, registered address: Ke Skále 455, 252 50 Vestec, listed in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 351428 (hereinafter referred to as the “Seller”)
- Introductory Provisions
- The following Terms and Conditions (hereinafter referred to as “TC”) of the Seller are an integral part of every purchase contract (hereinafter referred to as “Contracts”) concluded between the Seller and the Buyer. The contractual relationship established by a Contract shall be governed by the Contract itself, these Terms and Conditions and Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”).
- These TC define and specify in more detail the rights and obligations of the Seller and the Buyer. They are intended for individuals and legal entities who will use the Seller’s goods for commercial purposes.
- Under these TC, goods shall mean any items that the Seller offers for purchase.
- Concluding Purchase Contracts
- Contracts are concluded by means of remote communication via the online system operated on the Seller’s web portal under the trade name https://elixeercocktails.com (hereinafter referred to as the “Web Portal”).
- The Seller proposes the conclusion of Contracts (offers) by placing offered goods on the Web Portal. Contracts shall be considered concluded at the moment the Buyer fills in an electronic form and sends the filled in electronic form via the Web Portal to the Seller. Before submitting the electronic form, the Buyer has the right to correct/edit the data in the electronic form.
- Before sending the electronic form to the Seller, the Buyer is entitled to check and change the data that he/she has entered in the electronic form.
- By concluding a Contract, the Buyer confirms that he/she is familiar with these TC.
- The Buyer is not obliged to pay any special fees to the Seller for the use of means of distance communication.
- To enter into Contracts repeatedly, the Buyer can set up a user account on the Web Portal. When registering a user account, the Buyer is required to fill in complete and truthful information. The Seller may cancel the Buyer’s user account if the Buyer has not used his/her user account for at least 12 months or if the Buyer violates the terms of a concluded Contract. The Buyer acknowledges that his/her user account may not be accessible at all times primarily due to necessary maintenance of the Seller’s hardware and software, or if need be, due to necessary maintenance of the hardware and software of third parties.
- Transfer of the Risk of Damage and Ownership Rights
- Upon acceptance of the purchased goods, the Buyer acquires ownership of the purchased goods. If the Seller is to send purchased goods, it shall transfer the goods to the Buyer by handing it over to the first carrier for shipping to the Buyer and shall enable the Buyer to exercise rights in relation to the carrier ensuing from the transport agreement. This applies if the carrier has been chosen by the Buyer. However, if the purchased goods are transported by a carrier chosen by the Seller, the goods shall be considered to have been handed over at the moment when the Buyer takes over the goods from the carrier. Upon takeover of the goods, the risk of damage to the goods is transferred to the Buyer.
- The Seller will deliver the purchased goods by courier service to the address specified by the Buyer. The Seller reserves the right to change carriers or to expand the number of carriers or modes of transport.
- If the Buyer is a legal entity, the purchased goods will be handed over only to the statutory body of the legal entity or to a person who presents a proper power of attorney.
- The Buyer is obliged to check the condition of the shipment (number of packages, integrity of packaging, etc.) immediately upon delivery. The Buyer is entitled to refuse to take over goods which are not in conformity with the Contract because, for example, the shipment is incomplete or damaged. In the event of damage to the shipment, the damage must be described in the carrier’s report.
- Incomplete or damaged shipments must be reported to the Seller immediately by email to [email@example.com].
- The Buyer is obliged to inspect the purchased goods without undue delay after the goods have been handed over.
- Payment Conditions of the Buyer
- The Buyer shall be obliged to pay the purchase price in one of the following ways:
- by bank transfer;
- via the ComGate payment portal.
- The purchased goods shall be handed over to the carrier after payment of the full purchase price.
- The maturity period of the invoice shall be  days.
- According to the Sales Records Act, the Seller is obliged to issue a receipt to the Buyer and is also obliged to register the received sales with a tax administrator online; in the event of a technical failure, within 48 hours at the latest.
- The Seller may change payment methods.
Part B - Business Partners Who Are Not End Users
- A business partner is a legal entity or an individual who has concluded a Contract with the Seller through the Seller’s web portal for the purpose of further offering and selling on goods to third parties (hereinafter referred to as “Business Partners”). Business Partners undertake to comply with the following obligations.
- We recommend that Business Partners place the goods in a stand that comes with the commercial order in their establishment that is visible for customers (e.g. behind the bar at the customers’ eye level, etc.), with the proviso that the stand must always contain all the types according to paragraph 7.4 of these TC.
- The goods should always be placed in the stand supplied with the goods, with the logos of the goods facing the customers.
- We recommend that Business Partners place an A4 certificate in a frame of their choice in any visible place on their premises to match the establishment’s furnishings.
- We recommend that Business Partners place a 15x15 cm sticker on the door of the premises where they offer the goods for purchase (or other an visible area around the entrance) with the words Elixeer Cocktails certified member, which will be delivered to them as part of their first commercial order, and furthermore, they undertake to place the Elixeer Cocktails certified member label at the bottom of their website.
- Business Partners should have their own drinks menu in which, in the case of the goods, they will follow the format specified in the brand manual, which the Seller will send to them by email after the first order has been paid for.
- Business Partners are not entitled to use or distribute the goods in any other place than the premises registered on the Web Portal.
- Business Partners undertake to train persons in the handling of goods and in the obligations set out in these TC.
- The Buyer agrees not to damage the reputation of the Elixeer Cocktails brand by counterfeiting, alteration of product contents, inadequate dosages or otherwise
- The goods must be stored at room temperature out of sunlight.
- The Seller recommends that Business Partners post photos of the items on their social media pages with the Seller’s name and the official Elixeer Cocktails page. The Seller has the right to use this shared content for its own purposes.
- Personal Data Protection
- Information about Buyers will be stored in accordance with the applicable laws of the Czech Republic, particularly the Personal Data Protection Act and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. By ticking the link on the Web Portal https://elixeercocktails.com the Buyer agrees to the processing and collection of his/her personal data in the Seller’s database following the successful performance of the Contract, unless he/she refuses to consent to such processing in writing. The Seller will independently process the Buyer’s identification data specified in the Contract, or contact details, as well as information related to the subject matter of the Contract (e.g. identification of the goods or services, the method of payment, including payment information such as the bank account number from which the payment was made, etc.), for the purpose of the performance under the Contract and other related performances, and for offering further products to the Buyer.
8.2. Pursuant to Section 7(3) of Act No. 480/2004 Coll., on certain information society services, as amended, the Seller shall be entitled to distribute commercial messages regarding its own products or services that are similar to those that have already been provided to the Buyer. The Seller shall also be entitled to process personal data in the scope of name, surname and address for the purpose of offering trade and services. In both cases, such activities may be carried out until the Buyer refuses to consent.
8.3. The Seller shall not transfer any personal data to international organisations. The Seller shall transfer personal data to persons who are entitled under applicable law, e.g. public authorities (such as courts or administrative bodies), providers of maintenance of the information system based on a Contract with the Seller, or other recipients related to the Seller’s activities (e.g. suppliers, postal service providers, etc.).
8.4. Personal data shall be subject to processing by the Seller for the absolutely necessary period; after this time it shall be handled in accordance with applicable law, namely Act No. 499/2004 Coll. (on archiving and records management, and on the amendment of certain acts), and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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.
8.5. Personal data subjects, i.e. persons whose personal data are processed by the Seller, shall have the following rights:
- the right of access to their data;
- the right to rectification of personal data or restriction of processing;
- the right to erasure of personal data;
- the right to object to data processing;
- the right to data portability;
- the right to withdraw any consent to the processing of personal data at any time - The Seller hereby informs the Buyer that the vast majority of personal data is processed for the purpose of performing the Contract and therefore consent to the processing of personal data of every Buyer is not required. This right can therefore only be exercised if the Buyer has given the Seller its express consent to the processing of its personal data.
8.6. If the Buyer is in any way dissatisfied with the processing of its personal data by the Seller, the Buyer may file a complaint directly to the Seller or contact the Office for Personal Data Protection. The Buyer can exercise its rights by sending an email to the address firstname.lastname@example.org or by sending a letter to the address of the Seller’s registered office. A specimen application form and further information is available on the Seller’s website ……………………… Further information on the Buyer’s rights is available on the website of the Office for Personal Data Protection. (https://www.uoou.cz/6-prava-subjektu-udaj/d-27276)
- Final Provisions
- The Seller shall handle customer complaints through electronic communications sent to email@example.com. The Seller shall send information about settlement of the Buyer’s complaint to the Buyer’s e-mail address.
- The Seller is entitled to sell goods on the basis of a trade licence. Trade inspections shall be carried out by the competent Trade Licensing Office within its jurisdiction. The Czech Office for Personal Data Protection shall perform supervision of personal data protection. To a limited extent, the Czech Trade Inspection Authority shall perform tasks including supervision of compliance with Act No. 634/1992 Coll., the Consumer Protection Act, as amended.
- Any disputes between the Parties arising out of or in connection with the Contract shall be resolved by mutual agreement without undue delay. If the Contract has been concluded by a customer who is a consumer, the customer may, in accordance with Act No. 634/1992 Coll., on consumer protection, as amended, resolve disputes concerning the provision of the service out of court through the Czech Trade Inspection Authority. The website if the Czech Trade Inspection Authority is located at the address www.coi.cz.
- These TC shall apply in the version published on the Seller’s website on the day the relevant Contract is concluded. The Seller shall archive the concluded Contract in electronic form for the purpose of its performance and further registration, and its status shall be accessible to the Buyer. Contracts may be concluded in Czech or in other languages, unless this constitutes a reason for not concluding a contract.
- These TC shall come into effect on their signature date.