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Business Terms and Conditions

Business Terms and Conditions

The following business terms and conditions (the “Business Terms and Conditions”) are issued in accordance with Section 1751 et seq. Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”), by the company French Winemaker CZ, s.r.o., with its registered seat at Devonská 1223/5, Hlubočepy, 152 00 Prague 5, ID No. 09514627, registered in the Commercial Register maintained with the Municipal Court in Prague, Section C, Insert 337422 (the “French Winemaker”).

1/ Introduction

For the purposes of these Business Terms and Conditions, the following terms have the meanings set forth below:

  1. Atelier is the place where the Service is provided. The address of the individual Ateliers will vary according to the selected date and will be listed in the calendar of events.
  2. Entrepreneur is an individual licensed to get engaged in business on one’s own account and responsibility with an intention to generate profit on a continuous basis. For the purposes of consumer protection, an entrepreneur is (including but not limited to) an individual entering into contracts/agreements relating to the entrepreneur’s business, manufacturing or similar activities or employment; or an individual acting on behalf or on account of an entrepreneur in question.
  3. Service means a service provided by French Winemaker, while its content and price depend on the variant selected by the Customer [(Discovery, Classic, Premium, Prestige)]
  4. Agreement is an agreement concluded between the Customer and French Winemaker, under the conditions set out below, the subject of which is the provision of the Service.
  5. Consumer is a private individual acting in a private capacity, entering into an Agreement. or otherwise dealing with French Winemaker.
  6. Customer is a Consumer or an Entrepreneur.

 

By entering the registration number in the order, the Customer acknowledges having been bound by the rules stipulated in the General Business Terms and Conditions for Entrepreneurs.

2/ Pre-Contractual Representations and Warranties

French Winemaker represents and/or warrants that:

  1. French Winemaker charges no additional fees to the amount charged by the Customer’s internet/telephone provider.
  2. The Customer is required to pay the price before the provision of services by French Winemaker.
  3. French Winemaker enters into no ongoing contracts.
  4. The prices for Services displayed on the website operated by French Winemaker are quoted incl. VAT, with all statutory fees (if any). Shipping costs (if any), however, vary with reference to the selected shipping method, carrier and payment method.
  5. The Consumer can and may withdraw from the Agreement (unless otherwise stipulated below) within a period of 14 days commencing on the day of conclusion of the Agreement. The Consumer can withdraw in writing either by sending the notice of withdrawal to the French Winemaker seat, to the French Winemaker e-mail address antoine@french-winemaker.com, by personal notice, by telelephone call, or completing the contact form available on the French Winemaker website.
  6. The Consumer cannot in particular withdraw from the Agreement relating to the Service adjusted as per the requirements/for the needs of the Consumer.
  7. The Consumer is required to pay a pro-rata price for Services already commenced to be provided under a withdrawn Agreement.

By placing the order, the Customer acknowledges having been familiarized with these Business Terms and Conditions prior to entering into the agreement, namely with the representations and warranties given in Part 2 hereof, as well as with the Privacy Policy constituting an integral part hereof, and explicitly agrees to the same in the wording valid and effective as at the moment of placing the order.

3/ Conclusion of the Agreement

The Customer enters into the Agreement by accepting a proposal to conclude the Agreement on a website operated by French Winemaker by adding to the cart the required available date of the selected Atelier in which the Customer will be provided with the Service. Before the Customer confirms the order in a binding manner, he has the right to check all the data he has entered in the order, i.e. required date, Atelier, delivery method and method of payment. The Agreement is concluded by sending the order by the Customer after choosing the transport and method of payment and accepting the order by French Winemaker. French Winemaker is not responsible for any errors during data transfer. The Customer is informed about the concluded Agreement in a confirmation e-mail letter sent by French Winemaker to the email address provided by the Customer.

[The methods of payment are as follows:

  1. Cashless by payment card;
  2. Cashless by the payment system;
  3. Cashless by the account transfer to the French Winemaker account no. [TBA] (when paying by bank transfer, it is necessary to take into account the longer time of crediting the payment to the French Winemaker account – usually 1-3 working days).]

Within [3] business days after proper payment of the price for the Services, French Winemaker will send the Customer the address of the Atelier and a unique code to the email address provided by the Customer, on the basis of which the Customer, or a third party in whose favour the Agreement is concluded, will be admitted to Atelier for the purpose of providing the Service.

French Winemaker reserves the right to change the agreed date of provision of the Service, and French Winemaker will notify the Customer of this fact to the e-mail address entered by him at least 48 hours before the agreed date of provision of the Service.

4/ Terms of Service

Only persons over the age of 18 may participate in the Service. The Customer acknowledges and agrees with the fact that the authorized person of French Winemaker may, in connection with the Customer’s order, ask all participants in the provided Service to prove compliance with this condition. Failure to prove this condition at the request of the authorized person of French Winemaker is a reason to withhold Service by French Winemaker.

Each participant in the Service participates in this Service at his own risk. The Customer hereby further assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.

5/ Personal Data Protection

The obligation to provide information to the Customer within the meaning of Article 13 of Regulation 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, and repealing Directive 95/46/EC (General Data Protection Regulation) (so called the GDPR) related to the processing of the Customer’s personal data for the purposes of fulfilling the Agreement, for the purposes of negotiating the Agreement and for the purposes of fulfilling public law obligations, French Winemaker fulfils through a special document.

6/ Complaints Procedure

If the French Winemaker fails to fulfil the obligations arising from the concluded Agreement properly and in due time, the Customer may exercise his right to complain the Service at the French Winemaker.

Complaints must be made to the French Winemaker in writing (by e-mail or mail) without undue delay, but no later than within 2 months from the date of the provision of the Service or, if the Service has not been provided, from the date the Service should be provided.

The French Winemaker undertakes to decide on the received complaint within 7 business days. This period does not include a reasonable time depending on the type of service required to expertly assess the defect. The complaints will be processed without undue delay, no later than 30 days after the receipt of the complaint. This period may be extended only with the consent of the Customer. Upon expiry of this period, the Customer has the right to withdraw from the Agreement or a discount on the Service Price.

In the event of a positive complaints, the French Winemaker offers the Customer (i) a different Service in the value of the Services complaint, (ii) a discount on the Purchased Service Price, (ii) the return of the Service Price, in this binding order.

The French Winemaker shall issue to the Customer a written confirmation (by e-mail or mail) as to when the complaint was made, what is its content and how it is requested. Further, the French Winemaker shall issue such a person with a confirmation of the date and manner of handling the complaint and, in case of rejection of the complaint, the French Winemaker shall provide a written justification (by e-mail or mail) for this refusal.

7/ Other 

The Customer acknowledges that the registered trademarks, trade names, company logos, etc. of French Winemaker or French Winemaker’s contractual partners cannot be used by the Customer by virtue of having purchased the products offered by French Winemaker, unless a specific agreement individually provides otherwise.

Consumers withdrawing from the Agreement are refunded the entire amount paid under the Agreement whereby this amount is refunded by French Winemaker without undue delay, however, no later than within 14 days following the withdrawal, and with the use of the same method of payment as agreed in the Agreement.

The Consumer is not entitled to withdraw from the Agreement if the Service was performed with his prior express consent before the expiry of the withdrawal period and French Winemaker informed the Consumer before concluding the Agreement that in such a case he has no right to withdraw from the Agreement.

Provided that the ordered and paid Service is to be provided earlier than 14 days from the date of conclusion of the Agreement, the Consumer expressly agrees to provide the Service and acknowledges that in such case he has no right to withdraw from the Agreement after providing the Service.

In the event of an emergency, the Customer is entitled to change the ordered date of provision of the Service free of charge, if he notifies this fact by e-mail to antoine@french-winemaker.com, at least 72 hours before the agreed date of provision of the Service.

French Winemaker further informs that during the provision of the Service, photographs may be taken, which may then be placed by French Winemaker on the French Winemaker page on the social network [Facebook and Instagram]. Everyone who is captured in the photo has the right to ask French Winemaker to delete a specific photo or to withdraw their consent to take the photos completely by sending an e-mail to antoine@french-winemaker.com or by personal notice during the provision of the Service.

If the Agreement is concluded for the benefit of a third party, the Customer acknowledges that he is obliged to acquaint this third party with these Business Terms and Conditions. If in such a case a third party will use the Service, it is valid that they agree with these Business Terms and Conditions.