Business Entity: Aleon s.r.o., headquartered at Pobřežní 370/4, 186 00 Prague, Czech Republic, ID number: 28959311, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 155938, for the sale of goods through the online store located at volcanicwine.club.

1. Introductory Provisions

1.1. These Terms and Conditions (hereinafter referred to as «Terms») of Aleon s.r.o., headquartered at Pobřežní 370/4, 186 00 Prague, ID number: 030 91 384, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, File 83568 (hereinafter referred to as the «Seller»), regulate in accordance with Section 1751, Paragraph 1 of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the «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 the «Purchase Contract») concluded between the Seller and another natural person (hereinafter referred to as the «Buyer») through the Seller’s online store. The online store is operated by the Seller on the website located at volcanicwine.club (hereinafter referred to as the «Website») through the interface of the Website (hereinafter referred to as the «Web Interface of the Store»). 1.2. These Terms do not apply to cases where a person intending to purchase goods from the Seller is a legal entity or a person who orders goods as part of their business activities or as part of their independent professional practice. 1.3. Provisions deviating from the Terms can be agreed upon in the Purchase Contract. Any deviating agreements in the Purchase Contract take precedence over the provisions of these Terms. 1.4. The provisions of the Terms are an integral part of the Purchase Contract. The Purchase Contract and the Terms are drawn up in the Czech language. The Purchase Contract can be concluded in the Czech language. 1.5. The Seller may amend or supplement the wording of these Terms. This provision does not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms.

2. User Account

2.1. Based on the Buyer’s registration on the Website, the Buyer can access their user interface. From their user interface, the Buyer can order goods (hereinafter referred to as the «User Account»). If the Web Interface of the Store allows it, the Buyer can also order goods without registration directly from the Web Interface of the Store. 2.2. When registering on the Website and when ordering goods, the Buyer is obligated to provide accurate and truthful information. The Buyer is obligated to update the information provided in the User Account whenever there is a change. The information provided by the Buyer in the User Account and when ordering goods is considered correct by the Seller. 2.3. Access to the User Account is secured by a username and password. The Buyer is obligated to maintain confidentiality regarding the information necessary to access their User Account. 2.4. The Buyer is not entitled to allow third parties to use their User Account. 2.5. The Seller may cancel the User Account, especially if the Buyer has not used their User Account for more than 15 years, or if the Buyer breaches their obligations under the Purchase Contract (including these Terms). 2.6. The Buyer acknowledges that the User Account may not be available continuously, especially with respect to necessary maintenance of the Seller’s hardware and software, or necessary maintenance of third-party hardware and software.

3. Conclusion of the Purchase Contract

3.1. All presentations of goods on 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 provision of Section 1732, Paragraph 2 of the Civil Code does not apply.

3.2. The web interface of the store contains information about the goods, including the prices of individual items and the costs associated with returning the goods if the goods cannot be returned via the usual postal route due to their nature. The prices of the goods are stated inclusive of value-added tax and all related fees. The prices of the goods remain valid as long as they are displayed on the web interface of the store. This provision does not limit the Seller’s ability to conclude a purchase contract under individually negotiated conditions.

3.3. The web interface of the store also contains information about the costs associated with packaging and delivering the goods. The information about the costs associated with packaging and delivery of the goods provided on the web interface of the store applies only in cases where the goods are delivered within the territory of the Czech Republic.

3.4. To order goods, the Buyer completes an order form on the web interface of the store. The order form contains in particular:

   3.4.1. Information about the ordered goods (the Buyer «adds» the selected goods to the electronic shopping cart of the web interface of the store),

   3.4.2. Information about the method of payment of the purchase price, the desired method of delivery of the ordered goods, and

   3.4.3. Information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the «Order»).

3.5. Before sending the Order to the Seller, the Buyer is allowed to review and change the data entered into the Order, including the ability to detect and correct errors made during data entry. The Buyer submits the Order to the Seller by clicking the «Complete Purchase» button. The data provided in the Order is considered accurate by the Seller. The Seller will promptly confirm receipt of the Order by email to the Buyer’s email address provided in the User Account or in the Order (hereinafter referred to as the «Buyer’s Email Address»).

3.6. The Seller is always entitled to request additional confirmation of the Order (for example, in writing or by telephone) depending on the nature of the Order (quantity of goods, the total purchase price, estimated shipping costs).

3.7. The contractual relationship between the Seller and the Buyer arises upon the delivery of the acceptance of the Order, which the Seller sends to the Buyer via email to the Buyer’s Email Address.

3.8. The Buyer agrees to the use of remote communication means when concluding the Purchase Contract. The Buyer bears the costs incurred when using remote communication means in connection with concluding the Purchase Contract (costs of internet connection, costs of telephone calls), and these costs do not differ from the basic rate.

4. Price of Goods and Payment Terms

4.1. The Buyer can pay the price of the goods and any costs associated with delivering the goods according to the purchase contract to the Seller using the following methods:

— Cashless transfer to the Seller’s account No. 2512393329/0800, maintained at Česká spořitelna (hereinafter referred to as the «Seller’s account»);

— Cashless payment via a payment system;

— Cashless payment by credit card;

4.2. Along with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with packaging and delivering the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.

4.3. The Seller does not require a deposit or any similar payment from the Buyer. This does not affect the provision of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4. In the case of a cashless payment, the purchase price is due immediately.

4.5. In the case of a cashless payment, the Buyer is obliged to pay the purchase price of the goods along with the indication of the payment’s variable symbol. The Buyer’s obligation to pay the purchase price is fulfilled when the appropriate amount is credited to the Seller’s account.

4.6. The Seller is entitled, especially if the Buyer does not provide additional confirmation of the order (as per Article 3.6), to require payment of the full purchase price before dispatching the goods to the Buyer. The provision of Section 2119, Paragraph 1 of the Civil Code does not apply.

4.7. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined with each other.

4.8. If customary in business dealings or required by generally binding legal regulations, the Seller will issue a tax document — an invoice — to the Buyer regarding payments made under the purchase contract. The Seller is a value-added tax (VAT) payer. The Seller will issue the tax document — the invoice — to the Buyer after receiving payment of the price of the goods and will send it in electronic form to the Buyer’s email address.

4.9. According to the Act on the Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, the Seller is obliged to register the received payment with the tax administrator online; in case of a technical outage, no later than within 48 hours.

5. Withdrawal from the Purchase Contract

5.1. The Buyer acknowledges that according to Section 1837 of the Civil Code, it is not possible to withdraw from the purchase contract, among other things, in the case of:

— the delivery of goods that have been customized according to the Buyer’s wishes or for the Buyer’s person,

— the delivery of goods that are subject to rapid decay,

— goods that have been irreversibly mixed with other goods after delivery,

— the delivery of goods in sealed packaging that the Buyer has removed from the packaging, and for hygiene reasons, it is not possible to return,

— the delivery of audio or video recordings or computer programs if the Buyer has broken their original packaging.

5.2. If it is not a case mentioned in Article 5.1 of these terms and conditions or another case where withdrawal from the purchase contract is not possible, the Buyer has the right to withdraw from the purchase contract in accordance with Section 1829 Paragraph 1 of the Civil Code, within fourteen (14) days of receiving the goods. In the case that the subject of the purchase contract consists of several types of goods or the delivery of several parts, this period begins on 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 sample form provided by the Seller, which forms an annex to these terms and conditions. The Buyer may send the withdrawal from the purchase contract to, among others, the Seller’s business address or email address at write@volcanicwine.club.

5.3. In the case of withdrawal from the purchase contract according to Article 5.2 of these terms and conditions, the purchase contract is canceled from the outset. The Buyer must return the goods to the Seller within fourteen (14) days of the withdrawal from the purchase contract being delivered 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 cases where the goods cannot be returned by ordinary postal means due to their nature.

5.4. In the case of withdrawal from the purchase contract according to Article 5.2 of these terms and conditions, the Seller will return the funds received from the Buyer within fourteen (14) days of the Buyer’s withdrawal from the purchase contract, in the same way, the Seller received them from the Buyer. The Seller is also entitled to return the funds provided by the Buyer already upon the return of the goods by the Buyer or in another way, if the Buyer agrees and if no additional costs arise for the Buyer. 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 or proves that the goods have been sent to the Seller.

5.5. The Seller is entitled to unilaterally set off any claim for compensation for damages caused to the goods against the Buyer’s claim for a refund of the purchase price.

5.6. In cases where the Buyer has the right to withdraw from the purchase contract in accordance with Section 1829 Paragraph 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 will return the purchase price to the Buyer without undue delay, in a cashless manner to the account specified by the Buyer.

5.7. If the Buyer receives a gift 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 loses its effectiveness, and the Buyer is obliged to return the provided gift to the Seller along with the goods.

6. Transportation and Delivery of Goods

6.1. If the mode of transportation is arranged based on a special request from the Buyer, the Buyer bears the risk and any additional costs associated with this mode of transportation.

6.2. If the Seller is obliged under the purchase contract to deliver the goods to the location specified by the Buyer in the order, the Buyer is obligated to take delivery of the goods upon their arrival.

6.3. If it becomes necessary to deliver the goods repeatedly or in a manner different from that specified in the order due to reasons on the Buyer’s side, the Buyer is responsible for covering the costs associated with the repeated delivery of goods or the costs associated with a different method of delivery.

6.4. Upon receiving the goods from the carrier, the Buyer is required to inspect the integrity of the goods’ packaging and promptly report any defects to the carrier. If the Buyer identifies any damage to the packaging indicating unauthorized tampering with the shipment, the Buyer is not obligated to accept the shipment from the carrier. This does not affect the Buyer’s rights arising from liability for defects in the goods and other rights of the Buyer under generally binding legal regulations.

6.5. Additional rights and obligations of the parties concerning the transportation of goods may be governed by specific delivery terms issued by the Seller, if applicable.

7. Rights Arising from Defective Performance

7.1. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the applicable generally binding legal regulations (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended).

7.2. The Seller guarantees to the Buyer that the goods are free of defects upon receipt. In particular, the Seller guarantees to the Buyer that at the time the Buyer received the goods:

   7.2.1. The goods possess the characteristics agreed upon by the parties, or in the absence of an agreement, the characteristics described by the Seller or the manufacturer, or those that the Buyer expected considering the nature of the goods and based on the advertising conducted by them.

   7.2.2. The goods are suitable for the purpose stated by the Seller or for the usual purpose for goods of this kind.

   7.2.3. The goods correspond in quality or workmanship to the agreed sample or model, provided the quality or workmanship was determined according to an agreed sample or model.

   7.2.4. The goods are in the appropriate quantity, measure, or weight.

   7.2.5. The goods comply with the requirements of legal regulations.

7.3. The Buyer can specifically assert their rights concerning the Seller’s liability for defects by contacting the Seller by phone at +420 774 237 625 or via email at write@volcanicwine.club.

7.4. The Buyer must inform the Seller of the chosen right when reporting the defect or without undue delay after reporting the defect. The Buyer cannot change the selected option without the Seller’s consent; this does not apply if the Buyer has requested the repair of a defect that proves to be irreparable.

7.5. If the goods do not have the characteristics specified in Article 7.2 of the Terms and Conditions, the Buyer may request the delivery of new goods without defects, provided it is not unreasonable given the nature of the defect. However, if the defect only affects a part of the goods, the Buyer may only request the replacement of that part; if this is not possible, the Buyer may withdraw from the contract. If it is unreasonable given the nature of the defect, particularly if the defect can be removed without undue delay, the Buyer has the right to have the defect repaired free of charge. The Buyer has the right to demand the delivery of new goods or the replacement of a part even in the case of a removable defect if the goods cannot be properly used due to the recurrence of the defect after repair or due to a larger number of defects. In such a case, the Buyer also has the right to withdraw from the contract. If the Buyer does not withdraw from the contract or does not assert the right to the delivery of new goods without defects, the replacement of their part, or the repair of the goods, they may request a reasonable discount. The Buyer also has the right to a reasonable discount if the Seller cannot deliver new goods without defects, replace a part, or repair the goods, as well as in the case where the Seller fails to remedy the situation within a reasonable time or if the remedy would cause significant inconvenience to the Buyer.

7.6. The person entitled to compensation according to Section 1923 of the Civil Code is also entitled to the reimbursement of costs reasonably incurred in asserting this right. However, if the right to compensation is not exercised within one month after the expiry of the period in which the defect must be pointed out, the court will not grant the right if the Seller objects that the right to compensation was not exercised in time.

7.7. Additional rights and obligations of the parties related to the Seller’s liability for defects may be regulated by the Seller’s complaints procedure.

8. Additional Rights and Obligations of the Contracting Parties

8.1. The Buyer acquires ownership of the goods upon payment of the full purchase price.

8.2. The Seller is not bound by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.

8.3. The Seller handles consumer complaints via the email address write@volcanicwine.club. The Seller will send information about the resolution of the complaint to the Buyer’s email address.

8.4. For out-of-court resolution of consumer disputes arising from the purchase agreement, the competent authority is the Czech Trade Inspection Authority, located at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, with the internet address: https://adr.coi.cz/cs. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used for resolving disputes between the Seller and the Buyer under the purchase agreement.

8.5. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, with the internet address: http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No. 524/2013 of the European Parliament and Council of May 21, 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).

8.6. The Seller is authorized to sell goods based on a trade license. Trade control is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection oversees the area of personal data protection. The Czech Trade Inspection Authority performs oversight within its defined scope, including monitoring compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

8.7. The Buyer assumes the risk of changed circumstances within the meaning of Section 1765(2) of the Civil Code.

9. Protection of Personal Data

9.1. The Seller fulfills its information obligations towards the Buyer in accordance with Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) (hereinafter referred to as the «GDPR Regulation»), relating to the processing of the Buyer’s personal data for the purposes of performing the purchase agreement, negotiating the purchase agreement, and fulfilling the Seller’s statutory obligations, through a separate document.

10. Sending Commercial Communications and Storing Cookies

10.1. The Buyer agrees, pursuant to Section 7(2) of Act No. 480/2004 Coll., on certain services of the information society and on the amendment of certain laws (Act on Certain Information Society Services), as amended, to receive commercial communications from the Seller to the Buyer’s email address or phone number. The Seller fulfills its information obligations towards the Buyer under Article 13 of the GDPR Regulation related to the processing of the Buyer’s personal data for the purposes of sending commercial communications through a separate document.

10.2. The Buyer consents to the storage of cookies on their computer. If it is possible to make a purchase on the website and fulfill the Seller’s obligations under the purchase agreement without storing cookies on the Buyer’s computer, the Buyer may withdraw their consent at any time.

11. Delivery

11.1. Delivery to the Buyer may be made to the Buyer’s email address.

12. Final Provisions

12.1. If the relationship established by the purchase agreement involves an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. The choice of law does not deprive the consumer Buyer of the protection provided by provisions of the legal order from which it is not possible to contractually deviate, and which would otherwise apply in the absence of a choice of law, according to Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

12.2. If any provision of these terms and conditions is invalid or ineffective, or becomes so, it will be replaced by a provision that closely approximates the intended purpose of the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions.

12.3. The purchase agreement, including the terms and conditions, is archived by the Seller in electronic form and is not accessible.

12.4. The attachment to the terms and conditions is the sample form for withdrawal from the purchase agreement.

12.5. Contact details of the Seller: delivery address Pobřežní 370/4, 186 00, Prague, email address write@volcanicwine.club, phone +420 774 237 625.

In Prague, on 15 August 2024