Terms and Conditions

GENERAL TERMS AND CONDITIONS

(Hereinafter referred to as "T&C")

issued according to § 1751 et seq. Act No. 89/2012 Coll., Civil Code 

Business company: Henry Morgan a.s.

Registered office: Žitná 562/10, Nové Město, 120 00 Prague 2

ID: 19118279

VAT number: CZ19118279

Registered at: Municipal Court in Prague, section B, file 27959

(Hereinafter referred to as “Henry” or “Seller”)

1. Definitions
   1. Tel.: +420 734 229 899,
   2. contact form
   3. email: podpora@henrymorgan.cz
   4. Address: Koněšín 140, 67502, Koněšín.
1. If any of the terms below are used further in the contract, they have the meaning of the term after the equal sign, unless otherwise specified elsewhere in the contract.
2. GTC = General Terms and Conditions
3. Web interface = electronic system accessible at: www.HenryMorgan.cz
4. Henry = Henry morgan a.s., as defined in the header of these GTC
5. You = The person entering into a purchase agreement with Henry, the buyer, through the web interface.
6. Goods = object of the concluded purchase contract.
7. Price = the price of the item you are buying.
8. Shipping price = the price that will be added for shipping.
9. Price per payment = the price that will be added to your selected payment method.
10. VAT = Value Added Tax. VAT in the legal amount is part of the Price according to paragraph 1.7 of this article.
11. Total price = Sum of prices according to paragraphs 1.7, 1.8, 1.9 of this article.
12. Order = a proposal for a purchase contract by the customer created through Henry's web interface.
13. Invoice - a tax document issued in accordance with the law.
14. Special purpose goods = goods that are subject to legal restrictions on sales. That is, limiting sales to certain people, limiting quantities, etc.
15. OZ – Civil Code. Act 89/2012 Coll.Civil Code as amended.
16. Contacts for Henry:

1. General conditions
1. The purpose of these General Terms and Conditions is to establish the legal framework for a purchase contract concluded by means of distance communication.
2. The provisions of these General Terms and Conditions are an integral part of the purchase contract concluded between you and Henry. The conflicting provisions of the purchase contract take precedence over these GTC.
3. By ticking the box of agreement with these GTC and then clicking on the button: "Complete order", you express your agreement and willingness to be bound by these GTC.
4. When creating an order, you are obliged to ensure that the entered data is filled in correctly and truthfully, otherwise you are responsible for the resulting damage.
5. The contract, including the General Terms and Conditions, is archived in electronic form at Henry's, but is not accessible to you. However, you will always receive these Terms and the confirmation of the Order with a summary of the Order by e-mail, and you will therefore always have access to the Agreement even without Henry's cooperation. We recommend always saving the Order confirmation and Terms.

1. Order and conclusion of purchase contract
   1. cashless by payment card,
   2. by cashless transfer to the seller's account via a payment gateway,
   3. in cash or by card via cash on delivery of the carrier.
1. By making a purchase through Henry's web interface, you are entering into a purchase agreement with Henry.
2. The contract is concluded by a means of communication at a distance, in a remote way, outside the establishment - via a web interface.
3. The content of the contract is contained in these General Terms and Conditions and in the areas that these General Terms and Conditions do not regulate in the General Terms and Conditions.
4. The contract is concluded upon receipt of the goods.
5. According to § 2160 of the Civil Code, ownership rights to the thing are transferred to the buyer upon taking over the thing.
6. Before sending the order, you are allowed to check and change the data you entered in the order. He submits the order to Henry by clicking the "Complete order" button, along with checking the information that by clicking the "Complete order" button, you are creating an Order that obliges you to pay, that you agree to these GTC. The information provided in the order is believed to be correct by Henry. The condition for the validity of the order is the filling in of all mandatory data in the order form and confirmation by the buyer that he has become familiar with these terms and conditions.
7. The order is binding for you at the moment it is sent. It is binding for Henry only after non-automated confirmation by Henry. The proposal to conclude a purchase contract is hereby accepted. Changes to the order are then only possible by mutual agreement.
8. All presentation of goods placed in the catalog of the web interface is of an informative nature and Henry is not obliged to enter into a purchase contract regarding these goods.
9. In the event that Henry cannot fulfill any of the requirements listed in the order, he will send you an amended offer to your email address. The amended offer is considered a new order proposal and the order is confirmed in such a case and becomes binding for you only upon your confirmation of acceptance of this offer.
10. Information about the goods, including the prices of the individual goods and their main features, is provided for the individual goods in the catalog of the web interface. The prices of the goods are listed including value added tax, all related fees and costs for returning the goods, if the goods by their nature cannot be returned by the usual postal route. Product prices remain valid for the time they are displayed on the web interface. This provision does not exclude the negotiation of a purchase contract under individually agreed conditions.
11. You can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract in the following ways:
12. Henry does not require any advance payment or other similar payment from you. Payment of the purchase price before the goods are shipped is not a deposit.
13. In the event that there was an obvious technical error on the part of Henry when specifying the price of the goods in the web interface catalog or during the ordering process, Henry is not obliged to deliver such goods to you at this clearly erroneous price. Henry is not obliged to deliver the goods to you due to stock out, unavailability of the goods, or when the manufacturer, importer or supplier of the goods has stopped the production or import of the goods. Even if you were sent an automatic confirmation of receipt of the order according to these terms and conditions. Henry will inform you of an error or unavailability of goods without undue delay and will send you an amended offer. With another procedure the same as in the case of paragraph 3.9 of these GTC.

1. Purchase of special purpose goods
   1. Henry has an age verification system. If you buy special purpose goods according to this paragraph, you are obliged to use the system.
   2. The purchase contract is created upon receipt of the goods, and in the case of the purchase of special purpose goods, the courier may request age verification before handing over the goods. The electronic age verification system and courier service will thus ensure that the buyer is not under 18 years of age at the time of sale.
   3. When purchasing and then picking up alcoholic beverages, Henry or another carrier may require the presentation of an ID to verify that you are over 18 years of age. If you refuse to present such a document or if you are under 18 years of age, the courier will refuse to hand over the goods to you. In this way, the purchase contract will not be created, the sale will not take place, and any financial funds paid will be returned to you within 14 days.
1. The sale of tobacco products, smoking aids, herbal products intended for smoking, electronic cigarettes and nicotine pouches without tobacco content through a means of remote communication is governed by Act. No. 65/2017 Coll.,Act on the Protection of Health from the Harmful Effects of Addictive Substancesas amended.

1. Delivery
1. Henry delivers the Goods using contractual partners. Prices and delivery methods vary by time and delivery location. Delivery methods and their prices are always indicated before sending the Order.
2. The choice of delivery method is made during the ordering of goods.
3. As soon as the order is confirmed, Henry will deliver the Goods to you in the manner you have chosen, and you must enable such delivery - take over the goods. Together with the goods, Henry will also supply you with other documents.
4. If, according to the purchase contract, Henry is obliged to deliver the goods to the place specified by you in the order, you are obliged to take delivery of the goods. If, for reasons on your part, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, you are obliged to pay the costs associated with the repeated delivery of the goods, or costs associated with another delivery method.
5. The invoice will be issued in electronic form after payment of the Total Price and will be sent to your e-mail address. The invoice will also be physically attached to the Goods and available in the User Account.
6. Until the moment when the goods are delivered and handed over to you, or until the moment when you refuse to accept the goods, Henry bears the risk of damage to the Goods.
7. The estimated delivery time indicated in the order confirmation email may change. The delivery time stated here is considered to be estimated and not legally binding.

1. User account and bonus system
   1. The bonus system is only available to users with an established User Account.
   2. The bonus system will award you points in the total amount of 10% of your order.
   3. Points accumulate with each additional order.
   4. Collected points can be used as a discount on the next order at your discretion.
   5. Points cannot be exchanged other than as a discount on the next order. In particular, it is not possible to exchange points for money.
   6. Accumulated points are valid for 5 years from their award. If they are not used by this time, they expire without replacement.
1. Henry's web interface allows you to create a user account and store information about you. By creating an account, you agree to the storage of information.
2. You can order goods from your customer account. You can also order goods without registration.
3. When registering for a customer account and when ordering goods, you are obliged to enter all data correctly and truthfully. You are obliged to update the data listed in the user account in case of any change. The data provided in the customer account and when ordering goods are considered correct by Henry.
4. Access to the customer account is secured by a username and password. You are obliged to maintain confidentiality regarding the information necessary to access your customer account. Henry is not responsible for any misuse of the customer account by third parties.
5. Henry may cancel your user account, especially if you no longer use your user account, or if you breach your obligations under the purchase agreement or these terms and conditions.
6. You acknowledge that the user account may not be available continuously, especially with regard to the necessary maintenance of Henry's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.
7. Part of the user account is a bonus system that rewards you for repeated purchases. The bonus system is a form of reward on the part of Henry and is not subject to any other legal regulations apart from these GTC. Rewards from the points system are not legally enforceable, the points awarded are an expression of Henry's good will and are not legally entitled.
2. Complaints Procedure
   1. The goods do not have the properties that we agreed with you, i.e. those that we stated in the description of the goods;
   2. The goods are not suitable for the purposes we have listed in the offer, Henry here completely disclaims responsibility for defects that similar goods would have at other sellers, so it is usual for them;
   3. not in adequate quantity and weight;
   4. does not meet the requirements imposed on it by legal regulations;
   1. - 24 months for new goods.
   2. - 12 months for used goods (used goods are goods marked as such on the web interface.)
   3. – 24 months for consumer goods, but no longer than the expiry date indicated on the packaging.
   1. Request the removal of a defect or request the delivery of a new item;
   2. If we refuse to repair the Goods or replace them with new ones, then demand a reasonable discount. Such a discount will be determined either by agreement or according to § 2171 paragraph 2 of the Civil Code;
   3. withdraw from the contract if there is a material breach of the contract and if we refuse to repair the goods, replace them or provide a reasonable discount;
   1. Refuse to remove the defect if it is impossible or disproportionately expensive in relation to the value of the item after such removal of the defect.
   1. The defect must be pointed out, reported to Henry at the contacts in accordance with paragraph 1.17 of these GTC.
   2. When taking over from the carrier, he checks the received goods, their completeness and undamaged packaging. If the Goods appear to be damaged at first sight, the claim must be made immediately with the carrier - Henry cannot and will not be responsible later for defects caused by obviously bad transport. Upon receipt of the goods, responsibility for damages passes to you. However, Henry is still responsible for defects that were not caused by poor shipping.
   3. When applying for a complaint, you must choose the resolution method according to paragraph 7.8 of this article. (repair, exchange, discount)
   4. In particular, you must not allow the goods to be:
   1. stored and used contrary to the instructions for use or the general requirements for the storage of the Goods;
   2. modified in such a way that the defect arose as a result of this modification;
   3. excessively overload the goods compared to the usual standards to which the goods are normally intended;
   4. improperly installed, improperly handled, or neglecting to take proper care of the Goods;
   5. intentionally or unintentionally, the goods have been mechanically damaged, or they have been handled in other ways that may cause a defect in the goods due to your fault.
1. By sending the order, you also agree to this Complaints Policy.
2. Henry is responsible for ensuring that the item is free of defects upon receipt. In particular, you are responsible for ensuring that at the time you take over the item, the item is free of defects and in the condition according to the offer on the web interface.
3. Defective performance means in particular:
4. If a defect becomes apparent within one year of receipt, the item is deemed to have been defective upon receipt by the buyer, unless Henry proves otherwise.
5. The period for asserting rights from defective performance begins on the day of receipt of the goods.
6. Deadlines for exercising rights from defective performance:
7. Rights from liability for product defects, for which the quality guarantee applies, will expire if they have not been exercised within the specified time.
8. as rights from defective performance, you have the following options:
9. Henry, on the other hand, can, in contrast to your requirements:
10. If you want to exercise rights from defective performance, the following steps must be followed:

Otherwise, your rights due to defective performance expire and cannot be exercised with Henry.

1. Henry 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 expert assessment of the defect.
2. If you buy consumables (eg flowers, leaves, cartridges, etc.) or if this material is part of the goods, the lifetime will be used instead of the quality guarantee. The service life can be stated in terms of time, the time of the goods or the number of uses, or otherwise specified. More than one of these lifetimes may be specified for the goods, provided that the one that occurs first is always used.
3. The warranty does not cover wear and tear caused by normal use of the item and cannot be confused with the lifetime of the product.
4. Other rights and obligations not regulated in these GTC are governed by §§ 2165 et seq. OZ. And of Act 634/1992 Coll.Consumer Protection Act, as amended.
5. We handle consumer complaints via the electronic address podpora@henrymorgan.cz. We will send information about handling the complaint to your email address, i.e. the one from which the complaint came to us.
6. The out-of-court settlement of consumer disputes arising from the Agreement is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address:http://www.coi.cz. The online dispute resolution platform located at the Internet addresshttp://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer, who is a consumer, from a purchase contract concluded by electronic means.
7. European Consumer Center Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address:http://www.evropskyspotrebitel.cz is a point of contact according to Regulation (EU) No. 524/2013 of the European Parliament and Council of 21 May 2013, on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC ( regulation on the resolution of consumer disputes online).
8. In the event that this complaint policy is in conflict with the law, the statutory provisions shall apply.

1. Consumer
   1. You have the right to withdraw from the contract according to § 1829 of the Civil Code. Withdrawal from the contract is possible within 14 days from the conclusion of the contract, i.e. from the receipt of the Goods.
   2. The period begins with the conclusion of the contract, i.e. with the receipt of the goods. The deadline is maintained if you at least send a withdrawal from the contract during it.
   3. You may withdraw from the contract by any unequivocal statement made to Henry. Ideally, however, using the complaint form.
   4. In the event that you withdraw from the contract, Henry will return to you without undue delay, no later than fourteen days from the withdrawal from the contract, all monies, including delivery costs, which he received from you under the contract, in the same way as he received them from you. However, not before they receive back the Goods in question, or you clearly prove that they have been sent.
   5. If you choose a different method of delivery than the cheapest method offered by Henry, we will refund you the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery of the goods offered.
   6. Henry does not bear the costs of returning the goods when you withdraw from the contract.
   7. However, you cannot withdraw from the contract, among other things, if it is a contract:
   1. about the provision of services, if they were fulfilled with his prior express consent before the expiration of the period for withdrawal from the contract and the seller informed the buyer before concluding the contract that in such a case he does not have the right to withdraw from the contract,
   2. on the delivery of goods or services, the price of which depends on fluctuations in the financial market independently of the will of the seller and which may occur during the withdrawal period,
   3. about the delivery of alcoholic beverages, which can only be delivered after thirty days and the price of which depends on fluctuations in the financial market independent of the will of the seller,
   4. on the delivery of goods that have been modified according to the wishes of the buyer or for his person,
   5. delivery of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery,
   6. delivery of goods in closed packaging, which the buyer has removed from the packaging and for reasons of hygiene it is not possible to return it,
   7. the delivery of an audio or video recording or a computer program, if it has violated their original packaging,
   8. delivery of newspapers, periodicals or magazines,
   9. delivery of digital content, if it was not delivered on a physical medium and was delivered with the prior express consent of the buyer before the expiration of the withdrawal period and the seller informed the buyer before concluding the contract that in such a case he does not have the right to withdraw from the contract,
1. As a consumer, you have the following rights, among others:

and you also do not have the right to withdraw from the contract in other cases specified in § 1837 of the Civil Code.

1. Henry does not provide after-sales service. If necessary, you must provide after-sales service according to the capabilities of the specific manufacturer. These manufacturer's data are delivered to you together with the goods. This does not apply to the procedure according to Article 7 of these GTC and Goods, which by their nature do not require service.

1. Given that you, as a consumer, are entering into a purchase contract at a distance, we inform you that, in accordance with § 1820 of the Civil Code, Henry provides you with the following information and where you can find it:
1. data on the main characteristics of the goods or services to the extent corresponding to the means of distance communication used and the nature of the goods or services,

• You can find this information in the description of each individual item that we offer on our web interface.

1. registered office address, telephone number and e-mail delivery address, possibly also data on another means of online communication, which the entrepreneur also provides for the purpose of fast and efficient communication and which allows the consumer to save written communication with the entrepreneur in text form, including the date and time its implementation;

• this information can be found in paragraph 1.16 of these GTC

1. the address of the establishment, if it differs from the address of the registered office, and if the entrepreneur acts on behalf of another entrepreneur, also the address to which the consumer can send a complaint,

• this address is: Koněšín 140, 67502, Koněšín.

1. the total price and delivery costs according to § 1811 paragraph 2 letter c) and e);

• you can find this information on the web interface, in the summary before sending the Order. For Henry's purposes, it is marked as "Total Price"

1. the method of payment, the method and time of delivery or fulfillment and, where appropriate, the rules for dealing with complaints,

• You can find this information in every summary of the Order, either before or after it is sent. The rules for handling complaints are described in particular in Articles 7 and 8 of these GTC

1. the conditions, period and procedure for exercising the right to withdraw from the contract, as well as the sample form for withdrawing from the contract, if this right can be exercised;

• these forms can be found in Articles 7 and 8 of these GTC, the form in the annex to these GTC and everything also in the order confirmation email.

1. the statement that in the event of withdrawal from the contract, the consumer will bear the costs associated with returning the goods,

• these data can be found in Article 8 of these GTC, especially paragraph 8.1.6 and further in the email confirming your Order.

1. information that when withdrawing from the contract after submitting a request to start performance already during the period for withdrawal according to § 1824a paragraph 3 or according to § 1828 paragraph 5, the consumer must provide the entrepreneur with payment according to § 1834,

- these data can be found in Article 8 of these GTC and in the email confirming your Order.

1. information that the consumer does not have the right to withdraw from the contract, if this is the case, or information about the conditions under which the right to withdraw from the contract expires,

• this information is part of the email by which Henry confirms your order and in Article 8, especially paragraph 8.1.7 of these GTC, depending on the type and method of the ordered goods.

1. information about the existence of rights from defective performance, possibly also about the guarantee for quality, after-sales service and their conditions,

• these data are part of Article 7 of these GTC.

1. information on the existence, method and conditions of out-of-court settlement of consumer disputes, including information on whether a complaint can be filed with a supervisory or state supervisory authority.

• These data are part of Article 7 of these GTC

1. By sending the order, you confirm that you have been properly informed of all the necessary information according to § 1820 of the Civil Code.

1. Protection of personal data
1. Henry is the controller of personal data.
2. Henry only processes personal data in which it has a legitimate, legitimate interest.
3. Henry processes your personal data only for the purpose of processing your Orders, creating purchase contracts for the ordered Goods and other legitimate interests that Henry derives from the legal system.
4. Henry processes only those personal data that are necessary to fulfill the purpose.
5. Henry does not provide personal data to third parties for marketing and other purposes for which it would need your consent.
6. Henry has a legitimate interest in disseminating commercial communications to its customers. However, you have the option of opting out of each such communication in the future.
7. You can sign up to receive business communications even without concluding an Order on the web interface. And that by entering your email in the appropriate field on the web interface. By signing up for the subscription, you give Henry consent to the processing and storage of your email. You can revoke this consent at any time (in every e-mail delivered in this way using a link, or by making a statement to Henry at the contacts listed in paragraph 1.16 of these GTC.)
8. If Henry needs your consent for any processing of your personal data, we will let you know about it in an appropriate way, including instructions on the possibility of not giving consent, withdrawing it, etc.
9. Your personal data is managed by Henry for 10 years in cases of legitimate interest and 5 years, or until consent is revoked, in the case of data provided based on your consent.
10. You have the right to withdraw your consent to the processing of personal data at any time, the right to correct or supplement your personal data, the right to request restriction of their processing, the right to raise an objection or complaint against the processing of your personal data, the right to access your personal data, the right to request the transfer of your personal data , the right to be informed about a security breach of your personal data and, under certain conditions, also the right to delete some personal data that we process in connection with you (the so-called right to be "forgotten").
11. You have the right to file a complaint with the relevant authority if you believe that we are processing your personal data unlawfully. Such an authority is the Czech oneOffice for Personal Data Protection. 

1. Final Provisions
1. If Henry's and your legal relationship contains an international element (ie, for example, we will send goods outside the territory of the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, this agreement does not affect your rights arising from legal regulations.
2. If any obligation entered into under these GTC, or some provision of the GTC, becomes invalid, apparent or unenforceable, this will not affect the validity and enforceability of other obligations under these GTC or these GTC. The parties are obliged to replace such provisions with a new, valid and enforceable part of the General Terms and Conditions, the subject of which will best correspond to the subject of the original obligation, or the provisions of these General Terms and Conditions.
3. Customer, buyer, consumer - You are obliged to communicate with Henry using the addresses listed in paragraph 1.16 of these GTC. Only these addresses are the addresses for delivery to Henry under these GTC.
4. Henry reserves the right according to §1752 OZ to change these GTC. The new wording will be published on the web interface. The change to the General Terms and Conditions does not affect contracts concluded according to the previous General Terms and Conditions.
5. These General Terms and Conditions become valid and effective on June 1, 2023.
6. By submitting your order, you agree to these GTC.

In Prague on 01.06.2023

Form for complaint or withdrawal from the contract

Henry Morgan a.s., Žitná 562/10, Nové Město, 120 00 Prague 2, ID: 19118279

Customer: Name:……………………………….. Address:………………………………. Email:………………………………… Phone:……………………………….

Goods: Order number:……………………………. Date of acceptance: ……………………………... Goods: …………………………………………

🔲 Goods complaint The delivered goods had the following defects: .................................................................................................................................................................. .................................................................................................................................................................. For this reason, I request: repair of goods exchange of goods for new ones a reasonable discount, which I propose in the amount of................................,-

🔲 Withdrawal from the contract for material breach of the contract The contract was materially breached because: .................................................................................................................................................................. .................................................................................................................................................................. , therefore I withdraw from the contract.

🔲 Withdrawal from the contract within 14 days according to § 1829 of the Civil Code. The contract was materially breached because: .................................................................................................................................................................. .................................................................................................................................................................. , therefore I withdraw from the contract.

Datum: …………………………… Signature: ........................................ (if delivered by mail, no signature is required for electronic communication.)