Contract terms

Business Terms and Conditions of the Czech e-shop of Plzeňský Prazdroj, a.s.

 1.Introductory provisions

Applicability These Business Terms and Conditions apply to purchases of goods both within the Czech Republic and the Slovak Republic and from abroad, via the e-shop of Plzeňský Prazdroj, a.s. at http://www.eshop.prazdroj.cz (hereinafter referred to as the "e-shop"), and detail the rights and duties of the seller – Plzeňský Prazdroj, a. s., and the customer. If your goods are to be delivered outside the Czech Republic and the Slovak Republic, please use Plzeňský Prazdroj’s international e-shop. Such purchases are governed by the Business Terms and Conditions accessible on https://eshop.pilsnerurquell.com/en/business-terms-and-conditions. Language: These Business Terms and Conditions and the offer of goods are available in Czech, Slovak, English and German, and the purchase contract may also be concluded in these languages. In case of discrepancies between the language versions, the Czech version prevails. Seller: Plzeňský Prazdroj, a.s., a joint-stock company with its registered office at U Prazdroje 64/7, Východní Předměstí, Plzeň, 301 00, Reg. No.: 45357366, Tax ID No.: CZ45357366, registered in the Commercial Register maintained by the Regional Court in Plzeň, Section B, File 227. The seller's contact details and mailing address: Plzeňský Prazdroj, a.s., Dárková prodejna, U Prazdroje 7, Východní Předměstí, Plzeň 301 00, Email: eshop@asahibeer.cz Tel.: +420 724 618 672 Customer: A natural person and/or business entity that is competent to enter into a purchase contract and purchases goods or products from the e-shop of Plzeňský Prazdroj, a.s. We distinguish between a customer who is a consumer and a customer who is not a consumer. The customer who is a consumer does not act as an entrepreneur when concluding a purchase contract. The customer who is not a consumer concludes a contract in order to use the goods or services in his business activities. Selling alcohol to persons below the legal age of 18 years is prohibited. By ordering goods and sending the order, the customer confirms that he is older than 18 years, unless the seller requires confirmation in a different form. Governing law All of the contractual relationships arising from the purchase orders made by customers via the seller’s e-shop shall be governed by these Business Terms and Conditions and are entered into in accordance with the laws of the Czech Republic (“CZ”), excluding the Vienna Convention of International Sale of Goods (GISG). That is, any relations not specifically regulated herein are governed in particular by the Czech Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”) and the Czech Act No. 634/1992 Coll., the Consumer Protection Act, as amended (the “Consumer Protection Act”), and the applicable regulations and directives of the European Union (“EU”). Goods: The goods’ production and sales are in accordance with the legal and technical standards applicable in CZ and EU. Alcohol sales via the seller’s e-shop are not allowed. The goods are primarily intended for end-use, but not for resale. By sending an order, the customer confirms that he knows these Business Terms and Conditions, gives his consent to them and agrees to fully respect them.

2. Ordering and purchase contract arrangement method

 If the customer is a consumer, a proposal to sign a contract (an offer) is placement of the offered goods on the seller's website. To order the goods, only the forms in the seller's e-shop should be used, or purchases may be agreed at the e-mail address eshop@asahibeer.cz (the “Order”). Only a properly filled out order form including all required information is considered valid. Orders placed on the e-shop are considered binding. Before the order is sent to the Seller, the customer is allowed to check and edit data entered in the order, including the option of the customer to identify and correct mistakes incurred when entering data in the order. The seller is not responsible for any errors and mistakes in the order, made by the customer. For the specification of the type and quantity of the ordered goods, the ordering numbers are determining, not any accompanying text in the order. Pictures of some goods may only be illustrative and do not have to fully correspond to the reality. The seller will confirm the order receipt to the customer without delay by an informative e-mail to the e-mail sent by the customer (the confirmation does not mean acceptance of the order). The seller is entitled to refuse an order that was sent with a note or variance substantially changing the seller's offer. The established contract (including the agreed price) may only be changed or cancelled based on an agreement of the parties, or for legal reasons. The Seller reserves the right to require the Customer to provide a written order authorisation. For orders greater than a normal quantity of goods (i.e. more than 5 pieces of textile and other articles, and more than 20 glasses), the customer must contact the seller before sending the order in order to establish the availability of the goods and to agree on the shipping and handling fees. By sending the relevant order, the customer agrees with the price of the goods, shipping and handling costs (price lists), method of shipping (list of carriers), as well as payment conditions. For more detailed information and price lists, go to https://eshop.prazdroj.cz/. The place of the goods delivery is the delivery address specified by the customer in the order form. Other than the Czech and Slovak Republics, delivery is possible only to the countries listed on https://eshop.prazdroj.cz/. Ownership rights and the risk of damage to the ordered goods shall be transferred from the Seller over to the Customer when the goods are delivered and accepted by the Customer and when the purchase price is paid in full. The purchase contract is entered into when an order is sent by the customer and received (accepted) by the seller. If the customer is not a consumer, a proposal to conclude a purchase contract is the order of goods which was sent by the customer, and the purchase contract is entered into upon delivery of the seller's binding agreement with the proposal to the customer or by an act of the seller taking the form of dispatch of the ordered goods to the customer. The seller reserves the right to cancel the customer's order or its part (provided that the customer agrees with cancellation of a part of the order, otherwise the entire order will be cancelled) before concluding the purchase contract if the ordered goods are not manufactured any more, or are not delivered to the Czech Republic or the Slovak Republic, or are sold out, or the price has changed considerably, or the goods would be delivered later than advised, or more than a normal quantity of the goods is ordered, etc. If an order or its part is cancelled as per the previous sentence and the customer paid the purchase price or its part, the seller will refund the amount without undue delay, or remit the amount into the account, as agreed by the parties. Orders placed and contracts concluded are archived by the seller in the seller's electronic storage facility for the purpose of their successful fulfilment, and are not be accessible to uninvolved third parties. The Seller shall enable the Customer upon written request to access the saved contract, but no longer than for a period of 6 months from when the parties enter into the contract.

 2.A Subject matter of the contract, Seller’s rights and duties The subject matter of the contract may only be the goods from the seller's e-shop as specified in the order which are available and may be delivered by the seller. The specification of the goods or services and descriptions of their main features are given with every item of the goods or services in the seller's e-shop. The seller is entitled to reject or cancel an order if the customer repeatedly fails to comply with the obligation to take possession of the ordered goods or to pay the relevant purchase price.

2.B Customer’s duties The customer must give the correct and full mailing address of the place where the goods should be delivered (the place of delivery). The customer must take over the ordered goods and pay the purchase price as stated in the order, including shipping and handling fees.

2.C Purchase price of the goods The purchase price of the goods is the price quoted in CZK or EUR with individual goods in the seller's e-shop (the price in the offer is primarily quoted with VAT; it is also quoted without VAT for information purposes; if it is not clear whether the price is quoted with or without VAT, then it is the price with VAT). When new prices of the goods are displayed in the seller's e-shop, the previous prices of the goods become automatically ineffective, with the exception of the goods ordered by the customer while the original prices were still effective. The price of the goods does not include the shipping and handling fees. General information on the fees is stated in the price lists accessible on https://eshop.prazdroj.cz/, and in every order separately, including their amount; by ending the order, the customer agrees with the amount of the fees and agrees to pay them to the seller. The prices for shipping and handling (incl. VAT) apply if the goods are ordered in a normal quantity. The price for shipping and handling (incl. VAT) in case of delivery abroad is determined by the seller based on the destination as per the order form if the weight of the goods ordered does not exceed 5kg. If the weight of the goods is in excess of 5kg, the seller may require an additional postage fee which will be notified to the customer on an individual basis. Deliveries are allowed only to certain countries (see the postal fees list accessible on https://eshop.prazdroj.cz/) A customer who requires delivery to a country other than specified on https://eshop.prazdroj.cz/ is required to contact the seller for that purpose. The purchase price incl. costs is considered as agreed after concluding the purchase contract. If the price of CZK 0 is specified for the relevant goods, these goods may not be ordered. No rights may be exercised by the customer in relation to gifts provided free of charge. If the Seller provides the Customer with a free gift, the provisions of the Civil Code regarding a donation contract shall apply in relation thereto.

3. Delivery terms

The delivery terms and methods are specified on the sites of the Seller’s e-shop https://eshop.prazdroj.cz.-Deliveries abroad (only for customers – legal entities): goods may be delivered also to legal entities after relevant information is entered in the order; the above provisions apply by analogy.

3.A Delivery deadline If the goods are available, they will be delivered to the customer in the territory of the Czech Republic within 5 business days, in the territory of the EU within 7 business days, and outside the EU within 14 business days, exceptionally even within a longer period after sending an advice of shipment of the ordered goods by the seller to the customer (in which case the seller shall not be considered delayed). Orders of glasses with dedications will be delivered to the customer in the territory of the Czech Republic within 14 business days, in the territory of the EU within 21 business days, and outside the EU within 28 business days. If goods not currently available (in stock/warehouse), the delivery schedule and time shall be agreed between the Seller and the Customer, while taking into consideration the capability and requirements of the distributor. The customer will be notified of the possible date of delivery of goods that are not immediately available within 3 business days after the order was placed. The consumer may request to pick up his goods directly at the seller's Gift Shop in Plzeň, located in the yard of Plzeňský Prazdroj, U Prazdroje 7, 304 97 Plzeň (tel. +420 724 618 672). The Seller's employees may determine the seller's registered office of the relevant ODC as the place of delivery, where the goods will be delivered weekly or monthly depending on the season, and will not have to pay the shipping fee. If the goods are paid in advance according to Section 4.A item 3) of these Business Terms and Conditions, the seller does not have to ship the goods before the agreed purchase price is paid, including the shipping and handling fees, i.e. credited to the seller's bank account.

3.B Freight forwarder Delivery of the goods shall be ensured by the Česká pošta, s.p. and/or Uloženka s.r.o. (This shall not apply to goods to be picked up in person at the gift shop in Plzeň or to goods ordered by the seller's employees for delivery to ODC.) The goods are shipped as a commercial parcel, unless otherwise agreed between the parties. The seller reserves the right to determine or change the shipping method (forwarder), based on the volume and weight of the goods, or due to security issues. A possible change in the shipment method shall have no effect on the agreed shipping and handling charges.

3.C Taking over of delivery When the goods are delivered by the forwarder, the customer is obligated to check the packages for possible damages, and the quantity of packages, and if any faults are established, the customer must notify the shipper of them immediately and will not take over the shipment of the goods. By signing the delivery/shipping document or another document of the goods delivery, the customer confirms that the shipment complies with all conditions and requirements as stated above. Any complaints filed later, regarding damaged packages of the shipment or quantity of packages, will not be taken into consideration.

4.Payment of the purchase price and other charges

 4.A Method of paying the purchase price and shipping and handling charges Methods of paying the purchase price and shipping and handling charges are specified on the seller’s e-shop website http://eshop.prazdroj.cz/ .

The purchase price of the goods and shipping and handling fees may be paid as follows:

1) in cash upon sending of goods for cash on delivery, or

2) in cash or by credit/debit card if the goods are accepted in Plzeňský Prazdroj gift shops (a list of shops can be found on the seller’s e-shop website www.eshop.prazdroj.cz) or

3) payment in advance via a credit/debit card or by bank transfer if agreed upon in advance. The payment as per item 3) is required for sending the goods ordered by seller's employees and delivered to ODC (relates to seller's employees only), and if goods are sent abroad (the place of delivery is located outside the Czech Republic), or

4) by a gift voucher - a twelve-digit code in the voucher must be indicated in the order, otherwise payment by the gift voucher is not possible; if the price of the goods exceeds the voucher value, the balance of the price of the goods must paid by any of the methods specified in par. 4.A, items 1), 2), 3) and 5) of this part of the Business Terms and Conditions; no compensation is provided for the unused part of the voucher,

5) E-ticket - a six-digit code in the e-ticket must be indicated in the order, otherwise payment by the e-ticket is not possible; if the price of the goods exceeds the e-ticket value, the balance of the price of the goods must be paid by any of the methods specified in par. 4.A, items 1) – 4) of this part of the Business Terms and Conditions; no compensation is provided for the unused part of the e-ticket. If payment is made on delivery – as per item 1) above, or if goods are paid in advance – as per item 3) above of this part of the Business Terms and Conditions, the customer must pay on receipt of the goods/before sending the goods, always the full purchase price (i.e. the price of the goods including shipping and handling fees). If goods are delivered to ODC, the seller's employee will pay the price of the goods and handling fee, without the shipping fee. If goods are taken over in person at any of the seller's shops, the customer must pay the agreed purchase price of the goods and handling fee. The relevant tax document - receipt (or invoice for business entities) must be delivered with the goods and will also serve as the shipping document. The customer hereby agrees that if a purchase price is paid which has the character of recorded revenue as defined by Act No. 112/2016 Coll., on revenue registration, the seller shall issue a receipt to the customer in accordance with that legislation either in paper or electronic form based on the seller’s own selection, separately or as part of the tax document.

4.B Costs for use of remote communication means The customer agrees to the use of remote communication means when entering into the purchase contract. The costs incurred by the customer when using the means of remote communication in connection with the conclusion of a purchase contract (Internet connection costs, phone bills) shall be borne by the customer themselves.

 4.c The currency the sale is closed in and the VAT rate are determined by the following:

 1) If the Czech Republic is the country of delivery, you can choose between payment in CZK and payment in EUR. The VAT charged will correspond to VAT rate in the Czech Republic.

 2) If the delivery address is in one of the European Union member countries other than the Czech Republic, payment is only possible in EUR. The VAT charged will correspond to the standard VAT rate in the country of delivery.

 3) If the delivery address is outside the European Union, payment is possible only in EUR. The VAT charged will correspond to the VAT rate in the Czech Republic.

5. Withdrawal from the purchase contract

The customer who is a consumer is entitled to withdraw from the contract in any and all cases specified by law. The withdrawal is effective towards the seller upon receiving the customer's written declaration of withdrawal from the contract, provided that all necessary legal conditions are met. In the case of withdrawal from the contract, the contract is considered null and void and the contracting parties are obliged to return to each other anything they provided to one another based on the contract. If the contract is terminated due to exercising the rights resulting from liability for defects, the customer will only return the performance provided to him by the seller in the scope in which it is objectively possible in the particular situation. The customer who is a consumer is entitled, according to the provisions of Section 1829, Paragraph 1 of the Civil Code, to withdraw from the purchase contract without giving a reason within 14 days from the day that the goods were taken over. The customer undertakes to notify the seller of the intention to withdraw from the purchase contract by e-mail to the following address eshop@asahibeer.cz, or by registered letter to the seller's mailing address, including the order number, purchase details and account number for refund (unless another method of refund is agreed). The notice of withdrawal from the purchase contract must be sent to the seller no later than on the last day of the 14-day period. For withdrawal from the contract, the customer may use the sample form which is attached to these Business Terms and Conditions. The seller shall confirm the receipt of the completed withdrawal form to the customer in text form without undue delay. The customer's right to withdraw from the contract without giving a reason, however, cannot be considered as an option to borrow the goods free of charge, which the customer hereby acknowledges. If the customer who is a consumer exercised his right to withdraw from the contract within 14 days from the takeover of the goods, he must return anything received on the basis of the purchase contract to the supplier; the customer shall send the goods back, or shall hand them over to the seller at the address of the Seller's registered office, complete and undamaged, unused or unworn, in the original package. When sending goods back to the seller, the customer agrees to pack the goods in a manner which would protect the goods against damage during the transport. The period for returning the goods is considered as kept if the customer sends or hands the goods back to the seller before expiry of 14 days from the day that the contract was withdrawn. After the customer returns the goods under the specified terms, the seller will refund all money received from the customer on the basis of the contract to the customer without delay, no later than within 14 days from the day that the declaration of withdrawal was delivered to the seller, including delivery costs (shipping and handling fees), using the same method of payment as the customer used, unless otherwise agreed. The seller is also entitled to refund any money provided by the customer when the customer returns the goods, provided that the customer agrees and does not incur any other costs. If the customer chose the cheapest method of the goods delivery, offered by the seller, the seller will refund the delivery costs to the customer in an amount corresponding to the cheapest method of goods delivery offered. The seller does not have to return any received money to the customer before receipt of the goods returned by the customer, or before the customer proves that the goods were sent back to the seller, depending on which of the alternatives occurs sooner. The costs associated with returning the goods will be borne by the customer. If everything the customer received based on the purchase contract cannot be returned (for example the goods were damaged or consumed in the meantime), the customer must provide a financial compensation to the seller for anything that cannot be returned. If the returned goods are damaged only in part, the seller may exercise the right to compensation for damages against the customer and to set off his claim against the customer's claim for refund of the purchase price, and in such a case the seller will only refund the purchase price reduced accordingly to the customer. The seller may also set off his costs actually incurred in relation to returning the goods against the purchase price which should be refunded to the customer. The right to withdraw from the contract cannot be exercised by a customer who is a consumer in the cases as detailed in the provision of Section 1837 of the Civil Code. Among other things, the buyer cannot withdraw from the purchase contract for the supply of goods that have been modified according to the wishes of the buyer or for his person (this is mainly about products with a dedication). The provision of this part of the Business Terms and Conditions will not apply to a customer who is not a consumer. The customer may not withdraw from the Agreement or demand delivery of a new item, if the item cannot be restored to the condition in which it was received. It will not apply if the condition of the goods changed in consequence of a check carried out in order to establish defects of the goods, if the customer used the goods before discovering a defect, if the goods cannot be returned because the customer changed the goods condition by his negligence or omission, or if the customer sold the goods before discovering a defect, consumed the goods, and/or changed the goods in regular use; if the goods were changed only in part, the customer will return the remaining part of the goods that may be returned to the seller and will compensate the seller in an amount equal to the benefit the customer gained from using the goods. If the customer does not notify the seller of defective goods in due time, he will lose the right to withdraw from the contract. Link to sample form for consumer withdrawal from contract: Sample form

6. Other provisions

6.A Failure to take possession of the goods If the customer does not take the goods over on delivery, or is delayed, the seller is entitled, if the goods ordered by the customer were to be delivered to the place of delivery determined by the customer in the purchase contract, to claim compensation from the customer for costs incurred by the seller due to the customer's delay or failure to take over the goods; the seller will also be entitled to withdraw from the purchase contract, whereby the seller's right to claim for damages will not be affected by the compensation of costs incurred or withdrawal from the contract. The costs incurred by the seller due to the customer's failure to take over the goods will be determined by agreement of the parties and will equal 10% of the cost of the goods not taken over by the customer, plus shipping and handling fees. Goods that should be picked up under the purchase contract at the Gift Shop in Plzeň or in the Kozel store in Velké Popovice or the Radegast store in Novošice, where it will be reserved for a maximum of 14 days; if the goods are not picked up within the set period, the relevant purchase contract will become null and void, and the above shall apply similarly.

6.B Dispute resolution; jurisdiction Both parties shall make every effort to resolve any disputes arising between them through bilateral negotiations. If a dispute with a customer who is not a consumer cannot be settled in an amicable manner, the competent court to resolve the dispute, according to the provision of Section 89a of the Civil Procedure Code (Act No. 99/1963 Coll.), is the regular court having local jurisdiction over the registered office of the seller. If the customer is a consumer, then in the event of a dispute arising between the customer and the seller, the customer shall be entitled to submit a request for out-of-court resolution of the dispute with the Czech Trade Inspection Authority for the purpose of entering into an agreement with the seller, using the contact details available on the website www.coi.cz. Submission of a request and subsequent participation in out-of-court dispute resolution shall be free of charge for the customer, and all potential costs arising in connection with such out-of-court dispute resolution shall be borne by each party independently. For the customer, the selection of out-of-court dispute resolution is voluntary. A request for out-of-court dispute resolution may be filed no later than within 1 year from the date when the customer first exercises, in relation to the seller, the customer’s entitlement which is the subject of the dispute. Delivery of such request (with required contents) shall constitute commencement of out-of-court resolution of the consumer dispute. The court competent to resolve consumer disputes is the court having local jurisdiction based on the customer’s domicile or the registered office of the seller if the legal action is taken by the consumer.

6.C Use of registered data The Customer is aware that by purchasing the goods offered by the Seller, the customer is not entitled to use any ownership rights and trademarks, business names, company logos or patents belonging to the Seller or to other parties, unless specified otherwise in writing.

7. Personal data protection

Protection of the personal data of a customer who is a natural person is provided under Act No. 110/2019 Sb., the Personal Data Protection Act, as amended, and EU Regulation No. 2016/679, the General Data Protection Regulation (GDPR) and related regulations. The Seller shall act in accordance with its Privacy Policy accessible at https://www.prazdroj.cz/ochrana-soukromi which the Seller is required to apply as an administrator of personal data in relation to the customer as the data subject under the GDPR. The seller shall be required to familiarise the customer with the privacy policy before the goods are ordered. By sending an order, the customer confirms having received information about processing of the customer’s personal data by the seller for the purposes of implementing the rights and duties stemming from the purchase contract and/or for the purposes of maintaining the customer’s user account in the event of used registration (see below). The customer bears in mind that he/she is required to provide truthful and accurate personal data (upon registration in the user account, when the order for goods is placed) and that he/she is required to inform the seller promptly if any changes to his/her personal data occur. Further, the customer also confirms by sending the order that the provided personal data are correct and accurate, and acknowledges that he/she has provided his personal data voluntarily. The seller may entrust a third party to process the personal data obtained from the customer, particularly as their processor within the EU (e.g. the operator of websites and e-shop(s) of the seller, shipper or others). However, such personal data shall be provided to such parties only to the extent absolutely necessary. However, such personal data of customers will not be conveyed to third parties except for those who directly participate in fulfilment of the contract. Purchasing via the e-shop of the seller can be done in two different ways, either on a one-time basis or via registration on our website.

 7.A Purchasing without registering In the event of a one-time purchase without registration, the customer shall provide the following data to the seller: -Name, surname; - Address; - E-mail address and/or phone number; - Date of birth; - Information on the goods purchased. Providing of these personal data is essential for entering into a purchase contract and delivery of goods ordered by the customer. The date of birth is essential for compliance with the requirements of Czech legislation, since alcoholic beverages are offered and promoted in the e-shop. The e-mail address and/or phone number are necessary for effective communication with the customer regarding any changes to the order and/or the inability to deliver the goods or otherwise regarding delivery. The legal basis for personal data processing is the contract itself and fulfilment of the contract (seller’s legitimate interest). These personal data are not processed for any other purposes. The seller shall process personal data from one-time purchases for the duration of the seller’s legitimate interest, meaning for the duration of the validity period of any entitlement stemming from the purchase contract.

7.B Purchasing with registration If the customer voluntarily registers on the seller’s website for the purpose of a planned purchase of goods, the customer thereby provides their personal data for processing to the seller in the following scope: - Name, surname; - Address; - Date of birth; - Email address; - Phone number; - User name and password; - Information on the goods purchased; for the purpose of registering the customer on the seller’s website and related creation and management of the customer’s account for ordering and purchasing of goods, maintaining information on the preferred brands if such information is provided by the customer on a voluntary basis, and granting of consent by the customer to newsletter deliveries. The registration is voluntary for the customer, and the customer may cancel it at any time. The seller shall process personal data for the duration of registration and for the duration of the validity of any entitlement stemming from the most recently entered into purchase contract and cancellation of registration. 7.A. shall otherwise apply similarly.

7.C. Providing of information in connection with personal data processing A customer who is a natural person and as a data subject is governed by the GDPR has the following rights in relation to the seller in connection with processing of personal data: a) the right to deletion of personal data; b) the right to access personal data; c) the right to ensure that the seller restricts processing of the customer’s personal data if: i. the customer disputes the accuracy of personal data, for the period of time necessary for the seller to verify accuracy; ii. If processing is unlawful and the customer refuses to delete personal data and instead requests restriction of their use; iii. if the seller no longer needs the personal data for processing, but the customer requests them for determination, exercising or defence of legal entitlements; iv. if the customer has voiced an objection against processing under Article 21 (1) of the Regulation, until it is verified whether the seller's legitimate reasons for such processing outweigh the customer's legitimate reasons for such objection; d) the right to transferability of data in structured, regularly used and machine readable format; e) the right to know the nature of automated processing of personal data in connection with their use for decisions, if based on such processing any steps or decisions are taken which constitute interference with the rights and protected interests of the customer; f) the right not to be the subject of any decision based solely on automated processing (see above), including profiling, which for the customer has legal effectiveness or otherwise in a similar manner significantly affect the customer, as long as such decisions do not pertain to fulfilment of a contract between the customer and the seller; g) the right to be informed if it is likely that a certain case of breach of personal data security will result in a high risk affecting the customer's rights and freedom. The seller shall be required to notify the buyer promptly of any such breaches. Under the terms defined by the GDPR, the customer is entitled to raise against processing of personal data on the legal basis of the seller’s legitimate interests any objections against profiling and/or against processing of personal data for direct marketing purposes. The customer is also entitled to contact the Czech Personal Data Protection Office or to lodge a complaint with that Office. For the purpose of exercising rights, the customer may contact the seller in writing at the mailing address: Plzeňský Prazdroj, a.s., právní oddělení, Myslbek, Ovocný trh 8, 110 00 Prague 1 or at the e mail address of the trustee for personal data protection for the seller personaldataprotection@eu.asahibeer.com or registrace@asahibeer.cz. Additional information regarding personal data protection can be found in the “Website terms of use” and the “privacy policy” of the seller, which the customer is required to become familiar with. With reference to the Website terms of use, please note that especially profiling of information on places from where users access the website is carried out in connection with the use of the e-shop, but no automated decision-making takes place. Nevertheless, the customer has the option to opt out of such or any other profiling in the basic cookies settings.

7.D. Consent to processing of personal data A buyer who is a natural person has the opportunity during the registration process to grant consent to sending of advertising and promotional e-mails by the seller beyond the scope defined by orders for goods. By completing and sending a registration form in connection with opting for consent, the customer agrees: a) that the following specified personal data may be processed by our company as a data administrator, specifically: Plzeňský Prazdroj, a. s., a joint-stock company with its registered office at U Prazdroje 64/7, Východní Předměstí, 301 00 Plzeň, Czech Republic, Reg. No. 45357366, b) consisting of the name and surname, mailing address including street, descriptive number, orientation number, city, postal code, country, phone number, e-mail address, date of birth, user name, password and IP address; c) for the purposes specified in the granted consent, d) for a period of 3 years, unless you revoke consent sooner. Following the expiration of that period, the seller may process personal data for the duration of the seller’s legitimate interest, but maximally for the duration of validity of any entitlement related to your registration on our website and related purchases. Already granted consent to the processing of personal data may be revoked at any time by unticking clicking the appropriate box in your user account, or by sending an email toregistrace@asahibeer.cz .

8. Liability for defects, claims

 The rights and obligations of Contracting parties in terms of faulty performance shall be subject to generally valid legal regulations (in particular the provisions of Sections 1914 through 1925, Sections 2099 through 2117, and Sections 2161 through 2174 of Act No. 89/2012 Coll., the Civil Code). The seller is liable to the customer for assuring that the goods will not be defective. The warranty period for goods delivered by the seller to a customer who is a consumer shall last 24 months, unless otherwise explicitly stated on the tax document, warranty certificate for the goods or indicated on the packaging of the goods, and the warranty period specified on the tax document shall have priority over a warranty period specified on the warranty certificate, and the period specified on the certificate shall have priority over the warranty period specified on the packaging. The warranty period for goods delivered to by the seller to a buyer who is not consumer need not be provided, unless explicitly stated for specific goods on the tax document or in the warranty certificate for such goods. The warranty period will commence on the day that the goods are handed over to the customer; if the goods under the contract were shipped, the warranty period will commence upon delivery to the place of destination. If, in the case of a buying consumer, the bought goods are to be started up by another entrepreneur than the seller, the warranty period will only commence on the day that the goods are started up, provided that the buying consumer ordered the goods start-up within three weeks of the takeover and rendered necessary assistance for providing the service (note: it does not apply to buying entrepreneurs). The warranty period will be extended by a period during which the goods were repaired under the warranty. If the goods or their part are replaced, a new full warranty period will be given for the goods or their part. The warranty does not apply to wear and tear caused by regular use. In the event of a claim, the buyer shall be required to indicate the claimed defect in the delivered goods (see 8.A. below). The seller shall then confirm for the buyer in writing when the buyer has exercised such right and if repairs will be carried out, and if so then which repairs and their duration. In the case of a buying consumer, a complaint must be handled without undue delay, no later than within 30 days from the day it was filed, unless the parties agree a longer period. After expiry of that period, and if the complaint is not resolved, it is understood that the defects are irreparable. The period for handling complaints will be suspended if the Seller did not receive all parts of the goods, basic data, etc., as required for handling a complaint. The Seller must ask the customer to provide all basic data as soon as possible. As of such date, the period shall be interrupted until the demanded documentation is provided by the customer. If the Buyer does not exercise the right to a purchase price discount or does not withdraw from the Agreement, the Seller may add what is missing or eliminate the legal defect. The Seller may eliminate other defects based on its own selection by repairing the items or delivering a new item; however, the selection must not cause unreasonable costs for the Buyer. Until the defect is removed, the customer shall not be required to pay the part of the purchase price corresponding accordingly to the customer’s right to a discount, if the price has already been paid. After new goods are delivered, the customer will return the originally delivered goods to the Seller. If the Seller does not eliminate the defect in a timely manner or if the Seller refuses to eliminate the defect, the Buyer shall be required to demand a discount and/or may withdraw from the agreement. The Buyer may not change the selection without the Seller’s consent. A customer who is an entrepreneur does not have the rights provided by the Civil Code to consumers or the rights arising from the Consumer Protection Act or the relevant EU regulations.

8.A. Buyer’s declarations and obligations By sending the order, the customer hereby expresses consent with the aforementioned warranty and claim submission terms. The Customer is obligated to inspect the goods immediately after delivery and to inform the Seller about discovered defects in a timely manner. If the customer establishes any inconsistencies with the data stated in the purchase contract, delivery note and actually delivered goods, for example regarding the type or quantity, and/or if the customer does not receive a properly completed delivery note with delivery of the goods, the customer will inform the seller in writing without undue delay, but no later than within three days (the customer should also proceed in the same manner if he establishes other reasons due to which the goods are inconsistent with the purchase contract as provided for in Section 2161 of the Civil Code and the goods are defective when the customer takes over the delivery). The incorrect or defective order shall be shipped back to the Seller or to the authorised service centre specified in the warranty card at the Customer's expense. The customer will describe the nature of the defect as clearly as possibly, as well as the symptoms of the defect and attach the invoice or other accounting receipt or documents, as well as other contact details, i.e. the phone number and e-mail address. In the event of non-fulfilment of these requirements, a claim cannot be considered, and the seller shall inform the customer about such situation.

8.B Expiration of entitlement to submit a claim The customer will not have the right under the warranty if a defect was caused by an external event after the liability for damage to the goods passed to the customer. The right of the customer to file a complaint/claim shall cease to exist if: protective seals or stickers (if any) have been tampered with or are damaged due to unprofessional installation, use or handling methods or procedures that are against the instructions contained in the relevant user's manual, if the goods were used under conditions that do not comply with conditions specified in the relevant documentation or the user's manual or are against common or regular methods of use, if the goods were damaged by excessive use or overload and which are again in contradiction to the user's manual - if a manual was supplied with the ordered goods. The customer will not also have the right resulting from defective performance if he was aware that the goods are defective before taking them over, and/or if the defect was caused by the customer. If a complaint is not justified, it will be refused, the goods will be returned to the customer at his expense, or the goods will be repaired, after previous agreement with the customer, at the customer's expense, which the customer agrees to pay.

9. Final provisions

In conclusion, the seller hereby informs the customer who is a consumer that the seller is entitled to sell the goods based on a trade licence. The Trade Licensing Authority shall exercise its relevant jurisdiction to check the validity and effectiveness of trade licences. The Czech Personal Data Protection Office shall perform supervision over personal data protection. The Czech Trade Inspection Authority shall to a limited extent perform tasks including supervision of compliance with the Consumer Protection Act, as amended by any later regulations and the applicable EU regulations (www.coi.cz). The Business Terms and Conditions form an integral part of each (particularly a purchase) contract made by and between the seller and the customer via the seller’s e-shop. The terms of the contract shall have priority over the terms herein. Should any provisions hereof be found to be invalid, unlawful or otherwise unenforceable or should any such provisions be cancelled, such situation will be without prejudice to the validity, lawfulness and enforceability of the rest of the provisions. 

In case of any complaint regarding the ordering or complaint process, you can contact the seller via the contact details listed on the seller's online store, or through its information hot-line, whose contact is available on the website www.prazdroj.cz . Due to the nature of the sold Goods, no after-salles service is provided. In addition to the warranty, the buyer also has rights from defective performance according to the Civil Code, which are described in these terms and conditions, free of charge. The invoice delivered to the buyer constitutes the warranty certificate.

These terms and conditions regulate the relationships between the seller and the customer from 6.1.2023. The seller reserves the right to change or modify these Business Terms and Conditions without any advance notice. The wording of the Business Terms and Conditions published on the website at the time of sending of the order for goods shall always apply.