General Terms and Conditions

1. Basic Provisions

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

Cousins s.r.o., ID: 194 57 774, Prostřední Nová Ves 48, 507 81 Lázně Bělohrad

registered in the Commercial Register maintained by the Municipal Court in Prague under file number: C 386931

contact details: tel.: +420 778 090 036, e-mail: cousinssro@gmail.com

1. (hereinafter referred to as the “Seller”)

2. These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who enters into a purchase agreement outside their business activity as a consumer, or within their business activity (hereinafter referred to as the “Buyer”) through the web interface located on the website available at the internet address www.cider.cz (hereinafter referred to as the “Online Store”).

3. The provisions of the Terms and Conditions are an integral part of the purchase agreement. Deviating arrangements in the purchase agreement take precedence over the provisions of these Terms and Conditions.

4. These Terms and Conditions and the purchase agreement are concluded in the Czech language.

1. Information on Goods and Prices

1. Information about the goods, including the prices of individual items and their main characteristics, is provided for each item in the Online Store catalog. Prices of goods are listed including value-added tax, all related fees, and costs for returning the goods if these goods, by their nature, cannot be returned by the usual postal route. Prices of goods remain valid for as long as they are displayed in the Online Store. This provision does not exclude the conclusion of a purchase agreement under individually negotiated conditions.

2. All presentations of goods in the Online Store catalog are for informational purposes only, and the Seller is not obliged to conclude a purchase agreement regarding these goods.

3. Information on costs associated with packaging and delivery of goods is published in the Online Store. Information on costs associated with packaging and delivery of goods listed in the Online Store applies only in cases where the goods are delivered within the territory of the Czech Republic.

   4. Any discounts on the purchase price of the goods cannot be combined with each other unless the Seller and the Buyer agree otherwise.

III. Order and Conclusion of the Purchase Agreement

1. Costs incurred by the Buyer when using distance communication means in connection with the conclusion of the purchase agreement (internet connection costs, telephone call costs) are borne by the Buyer themselves. These costs do not differ from the basic rate.

2. The Buyer orders goods in the following ways:
   • through their customer account, if they have previously registered in the Online Store,
   • by filling out the order form without registration.

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

4. Before sending the order, the Buyer is allowed to check and change the data they entered into the order. The Buyer sends the order to the Seller by clicking the submit button. The data provided in the order is considered correct by the Seller. A condition for the validity of the order is the completion of all mandatory data in the order form and the Buyer’s confirmation that they have read these Terms and Conditions.

5. Immediately upon receiving the order, the Seller will send the Buyer a confirmation of receipt of the order to the email address provided by the Buyer when ordering. This confirmation is automatic and is not considered a conclusion of the agreement. Current Terms and Conditions of the Seller are attached to the confirmation. The purchase agreement is concluded only after the order is accepted by the Seller. Notification of order acceptance is delivered to the Buyer’s email address. / Immediately upon receiving the order, the Seller will send the Buyer a confirmation of receipt of the order to the email address provided by the Buyer when ordering. This confirmation is considered a conclusion of the agreement. Current Terms and Conditions of the Seller are attached to the confirmation. The purchase agreement is concluded by the Seller’s confirmation of the order to the Buyer’s email address.

6. In the event that the Seller cannot fulfill any of the requirements specified in the order, they will send an amended offer to the Buyer’s email address. The amended offer is considered a new proposal for a purchase agreement, and in such a case, the purchase agreement is concluded by the Buyer’s confirmation of acceptance of this offer to the Seller’s email address specified in these Terms and Conditions.

7. All orders accepted by the Seller are binding. The Buyer can cancel the order until the notification of order acceptance by the Seller is delivered to the Buyer. The Buyer can cancel the order by phone at the phone number or by email to the Seller’s address specified in these Terms and Conditions.

8. In the event of an obvious technical error on the part of the Seller when stating the price of goods in the Online Store or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer at this obviously incorrect price. The Seller informs the Buyer of the error without undue delay and sends an amended offer to the Buyer’s email address. The amended offer is considered a new proposal for a purchase agreement, and in such a case, the purchase agreement is concluded by the Buyer’s confirmation of acceptance to the Seller’s email address.

1. Customer Account

1. Based on the Buyer’s registration in the Online Store, the Buyer can access their customer account. From their customer account, the Buyer can order 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 data correctly and truthfully. The Buyer is obliged to update the data provided in the user account upon any change. The data provided by the Buyer in the customer account and when ordering goods are considered 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 their 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 cancel the user account, especially if the Buyer no longer uses their user account, or if the Buyer violates their obligations under the purchase agreement and these Terms and Conditions.

6. The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller’s hardware and software equipment, or the necessary maintenance of third-party hardware and software equipment.

1. Payment Terms and Delivery of Goods

1. The price of the goods and any costs associated with the delivery of the goods under the purchase agreement can be paid by the Buyer in the following ways: by bank transfer to the Seller’s bank account No. 2900532220/2010, maintained at Fio Banka.
   • by credit card
   • by bank transfer to the Seller’s account through the GoPay payment gateway,
   • by cash on delivery upon receipt of the goods,

2. Together 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, the purchase price also includes the costs associated with the delivery of the goods.

3. In the case of cash payment, the purchase price is payable upon receipt of the goods.

4. In the case of payment through a payment gateway, the Buyer follows the instructions of the relevant electronic payment provider.

5. 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 bank account.

6. The Seller does not require any advance payment or other similar payment from the Buyer. Payment of the purchase price before sending the goods is not an advance payment.

   7. According to the Act on Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, they are obliged to register the received revenue with the tax administrator online; in the event of a technical failure, then no later than within 48 hours.

8. The goods are delivered to the Buyer:
   • to the address specified by the Buyer in the order
   • through a parcel pick-up point to the address of the pick-up point 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 costs of delivering the goods, depending on the method of dispatch and receipt, are specified in the Buyer’s order and in the Seller’s order confirmation. In the event that the transport method is agreed upon based on a special request from the Buyer, the Buyer bears the risk and any additional costs associated with this transport method.

11. If the Seller is obliged under the purchase agreement to deliver the goods to a place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery. In the event that for reasons on the Buyer’s side it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the Buyer is obliged to pay the costs associated with repeated delivery or the costs associated with a different delivery method.

12. Upon 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 finding a breach of the packaging indicating unauthorized entry into the shipment, the Buyer does not have to accept the shipment from the carrier.

13. The Seller will issue a tax document – an invoice to the Buyer. The tax document is sent to the Buyer’s email address.

14. The Buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but no earlier than upon receipt of the goods. Responsibility for accidental destruction, damage, or loss of the goods passes to the Buyer at the moment of receipt of the goods or at the moment when the Buyer was obliged to take over the goods but failed to do so in violation of the purchase agreement.

VI. Withdrawal from the Agreement

1. A Buyer who has concluded a purchase agreement outside their business activity as a consumer has the right to withdraw from the purchase agreement.

2. The period for withdrawal from the agreement is 14 days
   • from the date of receipt of the goods,
   • from the date of receipt of the last delivery of goods, if the subject of the agreement is several types of goods or the delivery of several parts,
   • from the date of receipt of the first delivery of goods, if the subject of the agreement is a regular repeated delivery of goods.

3. The Buyer cannot, among other things, withdraw from the purchase agreement for:
   • the provision of services, if they were fulfilled with their prior express consent before the expiry of the withdrawal period and the Seller informed the Buyer before concluding the agreement that in such a case they do not have the right to withdraw from the agreement.
   • the delivery of goods or services whose price depends on fluctuations in the financial market independently of the Seller’s will and which may occur during the withdrawal period,
   • the delivery of alcoholic beverages that can only be delivered after thirty days and whose price depends on fluctuations in the financial market independent of the Seller’s will,
   • the delivery of goods that have been modified according to the Buyer’s wishes or for their person,
   • the delivery of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery,
   • the delivery of goods in sealed packaging which the Buyer has removed from the packaging and which cannot be returned for hygienic reasons,
   • the delivery of an audio or video recording or a computer program if they have broken their original packaging,
   • the delivery of newspapers, periodicals, or magazines,
   • the delivery of digital content if it was not delivered on a tangible medium and was delivered with the prior express consent of the Buyer before the expiry of the withdrawal period and the Seller informed the Buyer before concluding the agreement that in such a case they do not have the right to withdraw from the agreement,
   • in other cases specified in Section 1837 of the Civil Code.

4. To meet the withdrawal deadline, the Buyer must send the withdrawal statement within the withdrawal period.

5. To withdraw from the purchase agreement, the Buyer can use the model withdrawal form provided by the Seller. The Buyer shall send the withdrawal from the purchase agreement to the Seller’s email or delivery address specified in these Terms and Conditions. The Seller will confirm receipt of the form to the Buyer without delay.

6. A Buyer who has withdrawn from the agreement is obliged to return the goods to the Seller within 14 days of withdrawal from the agreement. The Buyer bears the costs associated with 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 agreement, the Seller will return to them without delay, but no later than 14 days from the withdrawal, all funds, including delivery costs, received from them, in the same way. The Seller will return the received funds to the Buyer in another way only if the Buyer agrees and if no additional costs are incurred.

8. If the Buyer chose a method of delivery other than the cheapest one offered by the Seller, the Seller will return to the Buyer the costs of delivery in an amount corresponding to the cheapest offered method of delivery.

9. If the Buyer withdraws from the purchase agreement, the Seller is not obliged to return the received funds to the Buyer before the Buyer hands over the goods to them or proves that they have sent the goods to the Seller.

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

    11. The Seller is entitled to withdraw from the purchase agreement due to stock exhaustion, unavailability of goods, or when the manufacturer, importer, or supplier of the goods has interrupted the production or import of the goods. The Seller informs the Buyer immediately via the email address specified in the order and returns all funds, including delivery costs, received from them under the agreement within 14 days of the notification of withdrawal, in the same way, or in a way specified by the Buyer.

VII. Rights from Defective Performance

1. The Seller is responsible to the Buyer that the goods are free of defects upon receipt. In particular, the Seller is responsible to the Buyer that at the time the Buyer took over the goods:
   • the goods have the properties agreed upon by the parties, and if there is no agreement, they have the properties that the Seller or manufacturer described or that the Buyer expected with regard to the nature of the goods and based on the advertising carried out by them,
   • the goods are suitable for the purpose stated by the Seller for their use or for which goods of this type are usually used,
   • the quality or design of the goods corresponds to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
   • the goods are in the corresponding quantity, measure, or weight, and
   • the goods comply with the requirements of legal regulations.

2. If a defect manifests itself within six months of receipt of the goods by the Buyer, the goods are deemed to have been defective upon receipt. The Buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt. This provision does not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear of the goods caused by their usual use, to used goods for a defect corresponding to the degree of use or wear that the goods had when taken over by the Buyer, or if it follows from the nature of the goods.

3. In the event of a defect, the Buyer may submit a claim to the Seller and request:
   • exchange for new goods,
   • repair of the goods,
   • a reasonable discount on the purchase price,
   • withdrawal from the agreement.

4. The Buyer has the right to withdraw from the agreement,
   • if the goods have a material defect,
   • if they cannot use the item properly due to the repeated occurrence of the defect or defects after repair,
   • in the case of a larger number of defects in the goods.

5. The Seller is obliged to accept a claim at any establishment where acceptance of claims is possible, or even at the registered office or place of business. The Seller is obliged to issue a written confirmation to the Buyer stating when the Buyer exercised the right, what the content of the claim is, and what method of claim settlement the Buyer requires, as well as confirmation of the date and method of claim settlement, including confirmation of the repair and its duration, or a written justification for rejecting the claim.

6. The Seller or an employee authorized by them will decide on the claim immediately, in complex cases within three working days. This period does not include the time appropriate for the type of product or service required for a professional assessment of the defect. The claim, including the removal of the defect, must be settled without delay, no later than 30 days from the date of the claim, unless the Seller and the Buyer agree on a longer period. The vain expiry of this period is considered a material breach of the agreement, and the Buyer has the right to withdraw from the purchase agreement. The moment of the claim is considered to be the moment when the Buyer’s expression of will (exercise of the right from defective performance) reaches the Seller.

7. The Seller informs the Buyer in writing about the result of the claim.

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

9. In the case of a justified claim, the Buyer has the right to compensation for purposefully incurred costs in connection with the claim. The Buyer can 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 regarding rights from defective performance are governed by 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.

VIII. Delivery

1. The contracting parties may deliver all written correspondence to each other via electronic mail.

2. The Buyer delivers correspondence to the Seller at the email address specified in these Terms and Conditions. The Seller delivers correspondence to the Buyer at the email address specified in their customer account or in the order.

IX. Out-of-Court Dispute Resolution

1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from the purchase agreement. 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 from the purchase agreement.

2. The European Consumer Centre Czech Republic, with its registered office 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 consumer ODR).

   3. The Seller is entitled to sell goods based on a trade license. Trade inspection is carried out within the scope of its competence by the relevant trade office. The Czech Trade Inspection Authority performs, among other things, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, within a defined scope.

X. Final Provisions

1. All arrangements between the Seller and the Buyer are governed by the laws of the Czech Republic. If the relationship established by the purchase agreement contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the consumer’s rights arising from generally binding legal regulations.

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 copyrights to the content, including page layout, photos, films, graphics, trademarks, logos, and other content and elements, belong to the Seller. It is forbidden to copy, modify, or otherwise use the website or its part without the consent of the Seller.

4. The Seller is not responsible for errors resulting from third-party interference with the Online Store or as a result of its use contrary to its purpose. When using the Online Store, the Buyer must not use procedures that could have a negative impact on its operation and must not perform any activity that could allow them or third parties to unauthorizedly interfere with or unauthorizedly use the software or other components forming the Online Store and use the Online Store or its parts or software in a way that would be contrary to its purpose or aim.

5. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765 (2) of the Civil Code.

6. The purchase agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

7. 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 version of the Terms and Conditions.
8. A model withdrawal form is attached to the Terms and Conditions.

These Terms and Conditions take effect on the 25th. 5. 2025.