GENERAL TERMS AND CONDITIONS OF E-SHOP
of the company Gotberg, a.s., ID: 26914913, VAT ID: CZ26914913, with registered office at
U Sadu 394, 691 27 Popice, registered in the Commercial Register maintained by the
Regional Court in Brno, file no. B 4845, for the sale of goods through the online store located
at the internet address https://www.eshop.gotberg.cz

1. INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter referred to as "terms and conditions" or "GTC")
of the company Gotberg, a.s., with registered office at U Sadu 394, 691 27 Popice,
identification number: 26914913, registered in the Commercial Register maintained by the
Regional Court in Brno, file no. B 4845 (hereinafter referred to as "seller") govern, in
accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code
(hereinafter referred to as "Civil Code"), the mutual rights and obligations of the contracting
parties arising in connection with or on the basis of the purchase contract (hereinafter referred
to as "purchase contract") concluded between the seller and another natural person
(hereinafter referred to as "buyer") through the seller's online store. The online store is
operated by the seller on the website located at the internet address
https://www.eshop.gotberg.cz (hereinafter referred to as "website"), through the website
interface (hereinafter referred to as "web interface of the store").
1.2. The terms and conditions do not apply to cases where a person who intends to purchase
goods from the seller is a legal entity or a person who acts when ordering goods in the course
of their business activities or in the course of their independent profession.
1.3. Provisions deviating from the terms and conditions can be agreed upon in the purchase
contract. Deviating arrangements in the purchase contract take precedence over the provisions
of the terms and conditions.
1.4. The provisions of the terms and conditions are an integral part of the purchase contract.
The purchase contract and the terms and conditions are drawn up in the Czech language. The
purchase contract can be concluded in the Czech language.
1.5. The seller may change or supplement the wording of the terms and conditions. This
provision does not affect the rights and obligations arising during the period of validity of the
previous wording of the terms and conditions.
2. CONCLUSION OF THE PURCHASE CONTRACT
2.1. All presentations of goods placed in the web interface of the store are of an informative
nature and the seller is not obliged to conclude a purchase contract regarding these goods. The
provisions of Section 1732(2) of the Civil Code shall not apply.
2.2. The web interface of the store contains information about the goods, including the prices
of individual goods and the costs of returning the goods, if the goods cannot be returned by

ordinary postal route due to their nature. The prices of goods are stated including value added
tax and all related fees. The prices of goods remain valid for the period they are displayed in
the web interface of the store. This provision does not limit the seller's ability to conclude a
purchase contract under individually agreed conditions.
2.3. The web interface of the store also contains information about the costs associated with
packaging and delivery of goods. The information about the costs associated with packaging
and delivery of goods stated in the web interface of the store applies only in cases where the
goods are delivered within the territory of the Czech Republic.
2.4. To order goods, the buyer fills out an order form in the web interface of the store. The
order form contains in particular information about:
2.4.1. the goods being ordered (the buyer "places" the ordered goods in the electronic
shopping cart of the web interface of the store),
2.4.2. the method of payment of the purchase price of the goods, details of the required
method of delivery of the ordered goods, and
2.4.3. information about the costs associated with the delivery of goods (hereinafter
collectively referred to as the "order").
2.5. Before sending the order to the seller, the buyer is allowed to check and change the data
that the buyer has entered into the order, also with regard to the buyer's ability to detect and
correct errors that occurred when entering data into the order. The buyer sends the order to the
seller by clicking on the button "Send a binding order for payment". The data stated in the
order are deemed correct by the seller. The seller shall immediately confirm the receipt of the
order to the buyer by electronic mail, to the electronic mail address of the buyer stated in the
user account or in the order (hereinafter referred to as "buyer's electronic address").
2.6. The seller is always entitled, depending on the nature of the order (quantity of goods,
amount of the purchase price, estimated shipping costs), to request additional confirmation of
the order from the buyer (for example, in writing or by telephone).
2.7. The contractual relationship between the seller and the buyer arises upon delivery of the
acceptance of the order (acceptance), which is sent by the seller to the buyer by electronic
mail, to the buyer's electronic mail address.
2.8. The buyer agrees to the use of remote communication means when concluding the
purchase contract. The costs incurred by the buyer when using remote communication means
in connection with the conclusion of the purchase contract (costs of internet connection, costs
of telephone calls) shall be borne by the buyer, and these costs do not differ from the basic
rate.
3. PRICE OF GOODS AND PAYMENT TERMS
3.1. The buyer may pay the price of goods and any costs associated with the delivery of goods
under the purchase contract to the seller in the following ways:
 online by payment card (through the payment gateway);

 by bank transfer to the seller's account no. 1394165389/0800, held with Česká
spořitelna, a.s. (hereinafter referred to as the "seller's account");
3.2. Together with the purchase price, the buyer is obliged to pay the seller also the costs
associated with packaging and delivery of goods in the agreed amount. Unless expressly
stated otherwise, the purchase price also includes the costs associated with the delivery of
goods.
3.3. The seller does not require a deposit or other similar payment from the buyer. This does
not affect the provision of Article 3.6. of the GTC regarding the obligation to pay the
purchase price of goods in advance.
3.4. In the case of non-cash payment, the purchase price is due within 7 days from the
conclusion of the purchase contract.
3.5. In the case of non-cash payment, the buyer is obliged to pay the purchase price of goods
together with the indication of the variable symbol of the payment (the order number is
stated). In the case of non-cash payment, the buyer's obligation to pay the purchase price is
fulfilled at the moment the relevant amount is credited to the seller's account.
3.6. The seller is always entitled, not only in the case that the buyer does not provide
additional confirmation of the order (Article 2.6. of the GTC), to require payment of the entire
purchase price before sending the goods to the buyer. The provisions of Section 2119(1) of
the Civil Code shall not apply.
3.7. Any discounts on the price of goods provided by the seller to the buyer cannot be
combined.
3.8. If it is customary in business relations or if it is stipulated by generally binding legal
regulations, the seller will issue an invoice to the buyer regarding payments made on the basis
of the purchase contract. The seller is a value added tax payer. The seller will issue an invoice
(receipt) to the buyer after payment of the price of goods and will send it in electronic form to
the buyer's electronic address.
4. WITHDRAWAL FROM THE PURCHASE
CONTRACT
4.1. The buyer acknowledges that according to the provisions of Section 1837 of the Civil
Code, it is not possible, among other things, to withdraw from a purchase contract for the
supply of alcoholic beverages, the price of which was agreed at the time of conclusion of the
contract with the fact that delivery can be made only after thirty days and whose actual value
depends on market fluctuations independent of the entrepreneur's will, further for the supply
of goods manufactured according to consumer requirements or customized to their personal
needs, and for the supply of goods subject to rapid spoilage, or goods with a short shelf life, as
well as goods which, after delivery, due to their nature, have been irreversibly mixed with
other goods.
4.2. Unless it is a case referred to in Article 4.1. of the GTC or another case where it is not
possible to withdraw from the purchase contract, the buyer has the right to withdraw from the

purchase contract in accordance with the provisions of Section 1829(1) of the Civil Code,
within fourteen (14) days from the receipt of goods, and in the case that the subject of the
purchase contract is several types of goods or delivery of several parts, this period runs from
the day of receipt of the last delivery of goods. The withdrawal from the purchase contract
must be sent to the seller within the period specified in the previous sentence. The buyer may
use the model form provided by the seller for withdrawal from the purchase contract. The
buyer may send the withdrawal from the purchase contract, among other things, to the address
of the seller's registered office.
4.3. In the case of withdrawal from the purchase contract pursuant to Article 4.2. of the GTC,
the purchase contract is canceled from the beginning. The goods must be returned by the
buyer to the seller within fourteen (14) days from the delivery of the withdrawal from the
purchase contract to the seller. If the buyer withdraws from the purchase contract, the buyer
bears the costs associated with returning the goods to the seller, even in the case that the
goods cannot be returned by ordinary postal route due to their nature.
4.4. In the case of withdrawal from the purchase contract pursuant to Article 4.2. of the GTC,
the seller shall return the funds received from the buyer within fourteen (14) days from the
buyer's withdrawal from the purchase contract, in the same way as the seller received them
from the buyer. The seller is also entitled to return the performance provided by the buyer
already when the goods are returned by the buyer or in another way, if the buyer agrees and
the buyer does not incur additional costs. If the buyer withdraws from the purchase contract,
the seller is not obliged to return the received funds to the buyer before the buyer returns the
goods to the seller or proves that the goods have been sent to the seller.
4.5. The seller is entitled to unilaterally set off the claim for compensation for damage caused
to the goods against the buyer's claim for refund of the purchase price.
4.6. In cases where the buyer has the right to withdraw from the purchase contract in
accordance with the provisions of Section 1829(1) of the Civil Code, the seller is also entitled
to withdraw from the purchase contract at any time, until the goods are received by the buyer.
In such a case, the seller shall return the purchase price to the buyer without undue delay, by
bank transfer to the account specified by the buyer.
4.7. If a gift is provided to the buyer together with the goods, the gift agreement between the
seller and the buyer is concluded with a resolutive condition that if the buyer withdraws from
the purchase contract, the gift agreement regarding such a gift becomes ineffective and the
buyer is obliged to return the provided gift together with the goods to the seller.
5. TRANSPORT AND DELIVERY OF GOODS
5.1. In the case that the method of transport is agreed upon on the basis of a special request of
the buyer, the buyer bears the risk and any additional costs associated with this method of
transport.
5.2. If the seller is obliged under the purchase contract to deliver the goods to the place
specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
5.3. In the case that it is necessary to deliver the goods repeatedly or in a different way than
stated in the order for reasons on the buyer's side, the buyer is obliged to pay the costs

associated with repeated delivery of goods, or the costs associated with a different method of
delivery.
5.4. Upon receipt of goods from the carrier, the buyer is obliged to check the integrity of the
packaging of the goods and in case of any defects to notify the carrier immediately. In the
case of finding a breach of the packaging indicating unauthorized entry into the shipment, the
buyer does not have to accept the shipment from the carrier.
5.5. Other rights and obligations of the parties during the transport of goods may be governed
by the seller's special delivery terms, if issued by the seller.
5.6. If the time of performance is not agreed upon, the seller shall deliver the goods to the
buyer without undue delay after the conclusion of the contract, at the latest within thirty days
(Section 2159 of the Civil Code).
6. RIGHTS FROM DEFECTIVE PERFORMANCE
6.1. The rights and obligations of the contracting parties regarding the rights from defective
performance are governed by the relevant generally binding regulations (in particular the
provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2158 to 2174 of the
Civil Code).
6.2. The seller is responsible to the buyer that the goods have no defects upon receipt. In
particular, the seller is responsible to the buyer that at the time when the buyer received the
goods:
6.2.1. the goods have the characteristics that the parties have agreed upon, and in the absence
of an agreement, such characteristics that the seller or the manufacturer has described or that
the buyer expected with regard to the nature of the goods and on the basis of the advertising
carried out by them,
6.2.2. the goods are fit for the purpose stated by the seller for their use or for which goods of
this kind are normally used,
6.2.3. the goods correspond in quality or design to the agreed sample or model, if the quality
or design was determined according to the agreed sample or model,
6.2.4. the goods are in the appropriate quantity and measure,
6.2.5. the goods comply with the requirements of legal regulations.
6.3. The provisions set out in Article 6.2. of the GTC shall not apply to goods sold at a lower
price for a defect for which a lower price was agreed, or if it follows from the nature of the
goods.
6.4. If a defect appears within twelve months of receipt, it is assumed that the goods were
defective already at the time of receipt. The buyer is entitled to assert the right from a defect
that occurs in consumer goods within twenty-four months of receipt.

6.5. The rights from defective performance are exercised by the buyer with the seller at the
seller's registered office, or in another mutually agreed manner.
7. OTHER RIGHTS AND OBLIGATIONS OF THE
CONTRACTING PARTIES
7.1. The buyer acquires ownership of the goods by paying the full purchase price of the
goods.
7.2. The seller is not bound by any codes of conduct in relation to the buyer within the
meaning of the provisions of Section 1826(1)(e) of the Civil Code.
7.3. The handling of consumer complaints is provided by the seller via the electronic address
gotberg@gotberg.cz. The seller will send information about the settlement of the buyer's
complaint to the buyer's electronic address.
7.4. The Czech Trade Inspection Authority, with registered office at Štěpánská 567/15, 120 00
Prague 2, ID: 000 20 869, website: https://adr.coi.cz/cs, is competent for the out-of-court
settlement of consumer disputes arising from the purchase contract. The online dispute
resolution platform located at the internet address http://ec.europa.eu/consumers/odr can be
used to resolve disputes between the seller and the buyer arising from the purchase contract.
7.5. The European Consumer Centre Czech Republic, with registered office at Štěpánská
567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point
according to 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 consumer ODR).
7.6. The buyer hereby assumes the risk of a change in circumstances within the meaning of
Section 1765(2) of the Civil Code.
8. PROTECTION OF PERSONAL DATA
8.1. The protection of personal data of the buyer who is a natural person is provided by
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 (General Data Protection
Regulation).
8.2. The buyer has been informed about the details regarding the processing of personal data
by the seller (as the data controller) in a separate document entitled Instructions and
Information on the Processing of Personal Data (see the website www.gotberg.cz).
8.3. The buyer acknowledges that the seller is entitled to process personal data for the
purposes of exercising the rights and obligations under the purchase contract, or in the future
for the purposes of maintaining a user account.
8.4. The buyer acknowledges that they are obliged to state their personal data (during
registration, when placing an order made from the web interface of the store) correctly and

truthfully and that they are obliged to inform the seller without undue delay about any change
in their personal data.
8.5. The seller may entrust a third party, as a processor, with the processing of the buyer's
personal data. Except for persons transporting goods, personal data will not be transferred to
third parties by the seller without the prior consent of the buyer.
8.6. Personal data will be processed for an indefinite period. Personal data will be processed
in electronic form in an automated manner or in printed form in a non-automated manner.
8.7. The buyer confirms that the provided personal data are accurate and that they have been
informed that this is a voluntary provision of personal data.
8.8. In the event that the buyer believes that the seller or processor (Article 8.5. of the GTC)
carries out processing of their personal data that is contrary to the protection of the private and
personal life of the buyer or contrary to the law, especially if the personal data are inaccurate
with regard to the purpose of their processing, they may:
8.8.1. request an explanation from the seller or processor,
8.8.2. request that the seller or processor remove the resulting situation.
8.9. If the buyer requests information about the processing of their personal data, the seller is
obliged to provide this information. The seller has the right to request reasonable
compensation not exceeding the costs necessary to provide the information for providing the
information according to the previous sentence.
9. DELIVERY
9.1. Notifications concerning the relationship between the seller and the buyer, especially
concerning withdrawal from the purchase contract, must be delivered by post in the form of a
registered letter, unless otherwise specified in the purchase contract. Notifications are
delivered to the relevant contact address of the other party and are deemed delivered and
effective at the moment of their delivery through the post office, with the exception of
notification of withdrawal from the contract made by the buyer, where the withdrawal is
effective if the notification is sent by the buyer within the period for withdrawal.
9.2. A notification is also deemed delivered if its acceptance was refused by the addressee, if
it was not collected during the storage period, or if it was returned as undeliverable.
9.3. The contracting parties may deliver routine correspondence to each other via electronic
mail, to the electronic mail address specified by the buyer in the order, or to the address stated
on the seller's website.
10. FINAL PROVISIONS
10.1. If the relationship established by the purchase contract contains an international
(foreign) element, then the parties agree that the relationship is governed by Czech law. This
does not affect the consumer's rights arising from generally binding legal regulations.

10.2. If any provision of the terms and conditions is invalid or ineffective, or becomes so, the
provision whose meaning is closest to the invalid provision shall take the place of the invalid
provisions. The invalidity or ineffectiveness of one provision does not affect the validity of
the other provisions. Changes and amendments to the purchase contract or the terms and
conditions require written form.
10.3. The purchase contract including the terms and conditions is archived by the seller in
electronic form and is not accessible.
10.4. The annex to the terms and conditions consists of a model form for withdrawal from the
purchase contract and instructions and information on the processing of personal data.
In Prague on January 13, 2023 Gotberg, a.s.

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