G GENERAL TERMS AND CONDITIONS

I. Basic Provisions

1. These General Terms and Conditions of Business (hereinafter referred to as "Terms and Conditions") are issued pursuant to Sections 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as "the Civil Code")

brewive s.r.o.
Number: 23032189
Basic Capital: CZK 2,000
Data Box: qwypi62
Headquarters: Jičínská 226/17, Žižkov (Prague 3), 130 00 Praha
Registration: Commercial Register maintained by the Municipal Court in Prague

Contact details:
Email: info@brewive.com
Phone: +420910929998
Web: www.brewive.com
(hereinafter referred to as the "Seller")

2. These terms and conditions govern the mutual rights and obligations of the Seller and an individual who enters into a contract of sale outside of his/her business as a consumer or within the scope of his/her business (hereinafter referred to as: "Buyer") through the web interface located on the website available at www.brewive.cz (hereinafter referred to as: "Online Shop").

3. The provisions of the terms and conditions are an integral part of the purchase contract. Divergent arrangements in the purchase contract take precedence over the provisions of these terms and conditions.

4. These terms and conditions and the purchase contract are concluded in the Czech language.

II. Information about goods and prices

1. Information about the goods, including the prices of the individual goods and their main characteristics, is given for each individual good in the catalogue of the online shop. The prices of the goods are inclusive of value added tax, any associated charges and the cost of returning the goods if they cannot, by their nature, be returned by the usual postal method. The prices of the goods shall remain valid for the period of time for which they are displayed in the online shop. This provision does not preclude the negotiation of a contract of sale on individually negotiated terms.

2. All presentation of goods placed in the catalogue of the online shop is of an informative nature and the seller is not obliged to conclude a contract of sale with regard to these goods.

3. In the online shop there is information about the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods listed in the online shop is valid only in cases where the goods are delivered within the territory of the Czech Republic and the Slovak Republic.

4. Possible discounts on the purchase price of the goods cannot be combined with each other, unless otherwise agreed between the seller and the buyer.

III. Order and conclusion of the purchase contract

1. Costs incurred by the buyer when using remote means of communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself. These costs do not differ from the basic rate.

2. The buyer places an order for goods in the following ways:

   • through his customer account, if he has made a previous registration in the online store,
   • by completing the order form without registration.

3. When placing an order, the buyer chooses the goods, the number of items, the method of payment and delivery.

4. Before sending the order, the buyer is allowed to check and change the data he has entered in the order. The buyer sends the order to the seller by clicking on the "Confirm Order" button. The information provided in the order is considered correct by the Seller. The validity of the order is subject to the completion of all mandatory data in the order form and the Buyer's acknowledgement that he/she has read these terms and conditions.

5. Immediately upon receipt of the order, the Seller shall send the Buyer a confirmation of receipt of the order to the email address provided by the Buyer at the time of ordering. This confirmation is automatic and shall not be deemed to constitute a contract. The confirmation shall be accompanied by the Seller's current terms and conditions. The purchase contract is concluded only after the seller has received the order. Notification of receipt of the order is delivered to the buyer's email address.

6. If any of the requirements stated in the order cannot be fulfilled by the Seller, the Seller will send a modified proposal to the Buyer's email address. The amended proposal shall be deemed to be a new proposal of the purchase contract and the purchase contract shall be concluded in such a case by the Buyer's confirmation of receipt of this proposal to the Seller at his email address specified in these Terms and Conditions.

7. All orders accepted by the Seller are binding. The Buyer may cancel an order until the Buyer has received notification of acceptance of the order by the Seller. The Buyer may cancel an order by telephoning the Seller at the telephone number or email number set out in these terms and conditions.

8. In the event of an obvious technical error on the part of the Seller in the price of the Goods in the online shop or during the ordering process, the Seller shall not be obliged to deliver the Goods to the Buyer at the price which is so obviously incorrect, even if the Buyer has been sent an automatic acknowledgement of receipt of the order in accordance with these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and shall send the Buyer an amended proposal to the Buyer's email address. The amended proposal shall be deemed to be a new proposal of the purchase contract and the purchase contract shall be concluded in such a case by confirmation of receipt by the Buyer to the Seller's email address.

IV. Customer account

1. On the basis of the Buyer's registration made in the online shop, the Buyer can access his/her customer account. From his/her customer account, the Buyer may place orders for goods. The buyer can also order goods without registration.

2. When registering for a customer account and when ordering goods, the Buyer is obliged to provide all the information correctly and truthfully. The Buyer is obliged to update the information provided in the user account when making any changes to it. The data provided by the Buyer in the customer account and when ordering goods shall be deemed correct by the Seller.

3. Access to the customer account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his/her customer account. The Seller is not responsible for any misuse of the customer account by third parties.

4. The Buyer is not entitled to allow third parties to use the customer account.

5. The Seller may terminate the user account, in particular in the event that the Buyer does not use his/her user account for an extended period of time or in the event that the Buyer breaches his/her obligations under the Purchase Agreement and these Terms and Conditions.

6. The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software equipment or necessary maintenance of hardware and software equipment of third parties.

V. Payment terms and delivery of goods

1. The price of the goods and any costs associated with the delivery of the goods under the contract of sale may be paid by the buyer in the following ways:

   • by wire transfer to the Seller's bank account,
   • cashlessly by credit card,
   • cashless transfer to the Seller's account through a payment gateway,
   • by cash on delivery when selling the goods,
   • in cash or by credit card when collecting the goods in person at the shop,
   • in cash or by credit card when collecting in person at the dispatch office.

2. Along with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise below, the purchase price shall also include the costs associated with the delivery of the goods.

3. In the case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 14 days of the conclusion of the purchase contract.

4. In the case of payment through a payment gateway, the buyer shall follow the instructions of the relevant electronic payment provider.

5. In the case of a non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's bank account.

6. The Seller does not require any deposit or other similar payment from the Buyer in advance. Payment of the purchase price before shipment of the goods is not a deposit.

7. According to the Revenue Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online, in case of technical failure, then no later than 48 hours.

8. The goods are delivered to the buyer:

   • to the address specified by the buyer in the order,
   • via a dispatch outlet to the address of the dispatch outlet specified by the buyer,
   • by personal collection at the Seller's premises.

9. The choice of delivery method is made during the ordering of the goods.

10. The cost of delivery of the goods depending on the method of shipment and receipt of the goods is specified in the Buyer's order and in the Seller's order confirmation. In the event that the method of delivery is arranged by special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of delivery.

11. If the Seller is obliged under the Purchase Contract to deliver the Goods to the place specified by the Buyer in the Purchase Order, the Buyer is obliged to take delivery of the Goods upon delivery. If, for reasons on the Buyer's side, it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.

12. On receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects, notify the carrier immediately. In the event of any damage to the packaging indicating tampering, the buyer may not accept the shipment from the carrier.

13. The Seller shall issue a tax document - invoice to the Buyer. The tax document is sent to the buyer's email address.

14. The buyer acquires the ownership right to the goods by paying the full purchase price for the goods, including delivery costs, but not before taking delivery of the goods. Liability for accidental destruction, damage or loss of the goods passes to the buyer at the time of acceptance of the goods or at the time when the buyer was obliged to accept the goods but failed to do so in breach of the contract of sale.

VI. Withdrawal from the contract

1. A buyer who has concluded a purchase contract outside his business activity as a consumer has the right to withdraw from the purchase contract.

2. The withdrawal period is 14 days:

   • from the date of receipt of the goods,
   • from the date of receipt of the last delivery of the goods, if the subject of the contract is several types of goods or the delivery of several parts,
   • from the date of receipt of the first delivery of the goods, if the subject of the contract is a regular recurring delivery of goods.

3. The buyer may not, inter alia, withdraw from the contract of sale:

   • the provision of services if they have been performed with his prior express consent before the expiry of the withdrawal period and the seller has notified the buyer before the conclusion of the contract that he has no right to withdraw from the contract in such a case,
   • the delivery of goods or services the price of which depends on financial market fluctuations independent of the will of the seller and which may occur during the withdrawal period,
   • on the delivery of alcoholic beverages, which may be delivered only after the expiry of thirty days and the price of which depends on financial market fluctuations independent of the will of the seller,
   • on the delivery of goods which have been modified according to the wishes of the buyer or for his person,
   • on the delivery of perishable goods, as well as goods which have been irretrievably mixed with other goods after delivery,
   • delivery of goods in sealed packaging which have been removed from the packaging by the buyer and cannot be returned for hygiene reasons,
   • the delivery of an audio or visual recording or computer program if the original packaging has been damaged,
   • delivery of newspapers, periodicals or magazines,
   • delivery of digital content if it has not been delivered on a tangible medium and has been delivered with the prior express consent of the buyer before the expiry of the withdrawal period and the seller has notified the buyer prior to the conclusion of the contract that in such a case the buyer has no right to withdraw from the contract,

   • the delivery of electronic components, particularly control boards and motherboards intended for coffee machines, which were connected, used, or otherwise put into operation by the buyer after receipt—such goods exhibit visible mechanical marks on contacts and connectors after use, and latent electrical damage (overvoltage, ESD, microcontroller reprogramming) that is not visible at first glance but significantly reduces the value and marketability of the goods. In such cases, returned goods will be assessed individually as a standard warranty claim, not as a withdrawal from the contract.

   • in other cases referred to in Article 1837 of the Civil Code.

4. In order to comply with the withdrawal period, the buyer must send the withdrawal statement within the withdrawal period.</p

5. To withdraw from the contract of sale, the buyer may use the sample withdrawal form provided by the seller. The Buyer shall send the withdrawal from the Purchase Contract to the email address of the Seller specified in these Terms and Conditions. The Seller shall promptly acknowledge receipt of the form to the Buyer.

6. The Buyer who has withdrawn from the contract is obliged to return the goods to the Seller within 14 days of the withdrawal from the contract to the Seller. The Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned by the usual postal route due to their nature.

7. If the Buyer withdraws from the contract, the Seller shall return to the Buyer without delay, but no later than 14 days after the withdrawal from the contract, all monies, including delivery costs, received from the Buyer in the same manner. The Seller shall only reimburse the Buyer in any other way if the Buyer agrees to do so and if no further costs are incurred by the Seller in doing so.

8. If the Buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller shall refund the Buyer the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery offered.

9. If the Buyer withdraws from the contract of sale, the Seller is not obliged to return the monies received to the Buyer before the Buyer has handed over the goods to the Seller or proved that he has sent the goods to the Seller.

10. The goods must be returned by the Buyer to the Seller undamaged, unworn and unsoiled and, if possible, in their original packaging. The Seller is entitled to unilaterally set off any claim for compensation for damage to the goods against the Buyer's claim for a refund of the purchase price.

11. The Seller shall be entitled to withdraw from the contract of sale due to the sale of stock, unavailability of the goods, or when the manufacturer, importer or supplier of the goods has discontinued the production or import of the goods. The Seller shall promptly notify the Buyer via the email address provided in the order and shall refund all monies, including delivery costs, received from the Buyer under the Contract within 14 days of notification of withdrawal from the Contract, in the same manner or in the manner specified by the Buyer.

VII. Rights in respect of defective performance

1. The Seller shall be liable to the Buyer that the Goods are free from defects on receipt. In particular, the seller is liable to the buyer that at the time the buyer took delivery of the goods:

   • the goods have the characteristics agreed between the parties and, in the absence of agreement, have those characteristics which the seller or the manufacturer described or which the buyer expected having regard to the nature of the goods and on the basis of the advertising carried out by them,
   • the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,
   • the goods conform in quality or workmanship to the agreed sample or specimen if the quality or workmanship has been determined by reference to the agreed sample or specimen,
   • the goods are in the appropriate quantity, measure or weight, and
   • the goods comply with the requirements of the law.

2. If a defect becomes apparent within six months of the buyer's receipt of the goods, the goods shall be deemed to have been defective on receipt. The buyer shall be entitled to claim the right of a defect that occurs in consumer goods within twenty-four months of receipt. This provision shall not apply in the case of goods sold at a lower price to a defect for which the lower price was agreed, to wear and tear caused by the normal use of the goods, in the case of second-hand goods to a defect corresponding to the degree of use or wear and tear which the goods had when taken over by the buyer, or if this is apparent from the nature of the goods.

   The buyer shall not be liable for any defect in the goods.

3. In the event of a defect, the Buyer may submit a claim to the Seller and require:

   • exchange for new goods,
   • repair of the goods,
   • a reasonable discount on the purchase price,
   • withdraw from the contract.

4. The buyer has the right to withdraw from the contract:

   • if the goods have a material defect,
   • if he/she cannot use the goods properly because of the recurrence of the defect or defects after repair,
   • if the goods are defective more than once.

5. The Seller is obliged to accept the claim in any establishment where the acceptance of the claim is possible, or even in the registered office or place of business. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what is the content of the complaint and what method of handling the complaint the Buyer requires, as well as a confirmation of the date and method of handling the complaint, including confirmation of the repair and the duration of the repair, or a written justification of the rejection of the complaint.

6. The Seller or an employee authorised by him shall decide on the complaint immediately, in complex cases within three working days. This time limit does not include the time, appropriate to the type of product or service, required for a professional assessment of the defect. The complaint, including the removal of the defect, must be dealt with immediately, at the latest within 30 days from the date of the complaint, unless the Seller and the Buyer agree on a longer period. Missing this deadline shall be considered a material breach of contract and the buyer shall have the right to withdraw from the purchase contract. The moment of claim is considered to be the moment when the buyer's expression of intent (exercise of the right of defective performance) reaches the seller.

7. The Seller shall inform the Buyer in writing of the outcome of the claim.

8. The buyer is not entitled to the right of defective performance if the buyer knew before taking over the item that the item had a defect, or if the buyer caused the defect.

9. In the case of a justified claim, the buyer is entitled to compensation for the costs reasonably incurred in connection with the claim. The Buyer may exercise this right with the Seller within one month after the expiry of the warranty period.

10. The Buyer has the choice of the method of claim.

11. The rights and obligations of the contracting parties with regard to rights arising from defective performance are governed by Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.

12. Other rights and obligations of the parties related to the Seller's liability for defects are regulated by the Seller's Complaints Regulations.

VIII. Delivery

1. The Parties may deliver all written correspondence to each other by electronic mail.

2. The Buyer shall deliver correspondence to the Seller at the email address set out in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer at the email address specified in the Buyer's customer account or order.

IX. Out-of-Court Dispute Resolution

1. The Czech Trade Inspection Authority (Česká obchodná inspekcija), based at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from a purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract.

2. The European Consumer Centre Czech Republic, based at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes)

3. The Seller is entitled to sell goods on the basis of a trade licence. The trade control is carried out within the scope of its competence by the competent trade licensing authority. The Czech Trade Inspection Authority supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, among other things, within the defined scope.

X. Final provisions

1. All arrangements between the seller and the buyer are governed by the law of the Czech Republic. If the relationship established by the contract of sale contains an international element, then the parties agree that the relationship shall be governed by the law of the Czech Republic. This is without prejudice to the consumer's rights arising from generally binding legislation.
2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
3. All rights to the Seller's website, in particular the copyrights to the content, including the page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the website or any part thereof without the permission of the Seller.
4. The Seller shall not be liable for errors resulting from third party interference with the online shop or from its use contrary to its intended purpose. The Buyer must not use any procedures in the use of the online shop that could have a negative impact on its operation and must not carry out any activity that could allow him or third parties to interfere with or make unauthorised use of the software or other components forming the online shop. the online shop and use the online shop or any part thereof or the software in a manner contrary to its intended use or purpose.
5. The purchaser hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
6. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
7. The terms and conditions may be amended or supplemented by the seller. This provision shall be without prejudice to rights and obligations arising during the period of validity of the previous version of the terms and conditions.
8. Attached to the terms and conditions is a sample withdrawal form.

These terms and conditions come into force on 06.3.2025