Terms of Service
By using the BiyrLab e-shop Service, you agree to abide by these Terms of Service (the “Terms of Service”).
Therefore, before using the BiyrLab e-shop Service, read these Terms of Service carefully. If you do not agree with them, do not use the BiyrLab e-shop. These Terms of Service apply to any use of the BiyrLab e-shop Service as well as to the Purchase Agreement concluded on the basis thereof. A detailed description of the BiyrLab e-shop (hereinafter referred to as “BiyrLab Services”) and information on system requirements can be found at biyrlab.com.
If you have a customer account “BiyrLab e-shop“, then these Terms of Service apply to our customer that activated the function “BiyrLab e-shop” (hereinafter “Customer“) in relation to the Orders you enter through it.
1. Concepts
“Purchase Agreement” is an agreement regarding the purchase of products and any delivery services specified in the Order.
„BiyrLab“ is: Adam Stefan Czap., Pod Císařkou 3262,150 00 Prague 5, Czech Republic, IČ: 01117025
The “BiyrLab e-shop” is a digital website called biyrlab.com, which BiyrLab makes available to individuals and legal entities for the purpose of ordering products.
The “BiyrLab e-shop account” is the customer account on the biyrlab.com website.
“BiyrLab Services” means the biyrlab.com website and other additional features as listed on biyrlab.com.
“Customer” is a natural or legal person using the BiyrLab Services.
“Retail Products“, “Products” are beers, food, consumables, utility and other consumables provided by the BiyrLab e-shop.
2. BiyrLab identification
Information about the partners’ identities, products and services will be available through the BiyrLab website.
3. Description of services
3.1. BiyrLab provides a platform where Customer, Customer purchases beer, groceries, retail products and delivery services of their choice. If you buy beer, food, the company facilitates the purchase through its BiyrLab e-shop. BiyrLab also provides delivery services in connection with the purchase of beer and groceries. For BiyrLab delivery services, Customers are charged a shipping fee.
3.2. BiyrLab provides information about its products and services offered under Services and Product Prices. As part of the Services, you always receive information about the applicable transport fee and service fee. If you suffer from any allergies or have other dietary restrictions, please contact us. We will provide you with specific information on beers, foods on request. The sale and purchase of products and services may also be governed by its additional terms and conditions, as stated in the Services. The price of Retail Products is determined on the basis of the price on the date of placing the Order.
BiyrLab provides allergen information and other necessary product-specific information regarding Retail Products in the Service. BiyrLab is responsible for providing all information about Retail Products as required by applicable laws and regulations, including EU Regulation No. 1169/2011 on the provision of food information to consumers.
BiyrLab may impose certain restrictions on your Order, such as quantity limits and Order size limits. BiyrLab is responsible for informing you of any restrictions on the availability of any Retail Products. The Customer agrees that in the event that the product is temporarily unavailable, BiyrLab will fulfill your Order without including such product item in the Order. You will not be charged for products that are not available at the time of placing the Order.
The Customer selects the products and services he wishes to purchase and orders them in a binding manner under the conditions of which he is informed in advance within the Services (hereinafter referred to as the “Order”). As soon as the Order is delivered, BiyrLab and the Customer enter into a Purchase Agreement. BiyrLab will send Customers a receipt.
3.3. BiyrLab will prepare and deliver to the Customer (if delivery services have also been ordered) the products specified in the Order.
3.4. The Customer can no longer cancel the sent Order. You may not cancel or cancel a submitted Product and Delivery Order. Therefore, carefully check the order of products and services before shipping.
3.5. Notwithstanding Article 3.4. As a consumer, you have the legal right to withdraw from the Purchase Agreement regarding Retail Products within 14 days from the date of receipt of these products. You can withdraw from the Purchase Agreement by contacting BiyrLab within the above withdrawal period and returning the product to the point of sale from which you placed the Order. When returning the product, please present the confirmation received from BiyrLab. If you contact BiyrLab in connection with a product return or request a refund of the purchase price due to a defect, damage or other defect in the product, BiyrLab may ask you to send a picture of the product in order to document and verify the defects.
BiyrLab complies with the restrictions on the legal rights of consumers to withdraw from the contract, which are set out in the relevant legislation. Some goods may be excluded by law from the consumer’s right to withdraw from the contract and return the goods, including the following:
Goods that are made or manufactured to order in accordance with the Customer’s specifications and instructions
This means that you cannot, for example, return food products after purchasing them with reference to your statutory withdrawal rights. After placing an Order, you may not withdraw, cancel or modify the Order of such Retail Products. Please check your selection carefully before placing an Order.
3.6. Retail products must be returned as soon as possible after withdrawal from the Purchase Agreement, but no later than 14 days after the withdrawal date. The returned product must be in unused condition and it must be possible to resell it. The product must be properly protected and packaged either in its original packaging or in a similar manner. If the returned goods have changed or decreased in any way, you are not entitled to a full refund.
3.7. Retail products covered by the withdrawal option should be delivered to the point of sale from which you placed your Order via the BiyrLab e-shop. If you want to return the products, please contact us. The payment made by the Customer will be returned by BiyrLab within 14 days of receiving the notice of withdrawal from the contract. BiyrLab will refund the purchase price of the returned product in the same manner as you used to pay for it and to the same bank account from which you placed the Order. In the case of delivery of Orders, the fee for transport and services will not be refunded.
4. Accounts
4.1. You have the limited, non-exclusive, revocable, non-transferable and non-transferable right to access the BiyrLab Service and the right to use the BiyrLab Service and the content made available through it in the form we offer you, solely for those purposes.
4.2. If the Customer wants to use the BiyrLab Service, he must set up a customer account according to the registration instructions contained on biyrlab.com. To register an account, you must enter a customer name and password. You will also provide BiyrLab with certain personal information such as your name, address, e-mail and telephone number and provide at least one valid payment method. You agree that the information is always accurate, complete and current. For more information about BiyrLab’s processing of your personal information, please refer to BiyrLab’s Privacy Policy. The Customer shall ensure that access data to the Customer Account and similar information necessary to access the Account are treated as confidential and that they are used in a secure manner so that they cannot be accessed by a third party. A customer can only have one personal customer account. If you would like us to delete your account, please contact us; relevant contacts can be found above.
4.3. If the Customer suspects that the access data to his account has been obtained by an unauthorized person or that the unauthorized person has access to his account, he shall immediately inform BiyrLab. The Customer is responsible for all use of the BiyrLab Service and all activities under its customer account.
4.4. To use the BiyrLab Service, you must enter a valid credit card number or inform you of another payment method. BiyrLab does not store information about your payment method; this information is stored by a third party that provides payment services to BiyrLab. You agree to pay for any purchases you make as a result of using the BiyrLab Service.
5. Payments
5.1. The Customer pays the purchase price stated in the Order in the appropriate manner, which is offered within the BiyrLab Service.
5.2. The Customer is entitled to fulfill its obligation to pay the purchase price only in one of the online forms of payment listed within the BiyrLab Service. Once the Customer has paid the purchase price to BiyrLab, it has fulfilled its obligation to make the payment.
5.3. The payment will be settled from the Customer’s credit card or billed to the Customer on the basis activated automatically upon delivery of the Order. BiyrLab is entitled to block the relevant amount on the Customer’s credit card when sending the Order placed via the BiyrLab Service. BiyrLab uses third party services for payment processing purposes.
6. Order Delivery
6.1. If the Customer orders the delivery of the Order via the BiyrLab Service, the Order will be delivered to the place confirmed by the Customer within the BiyrLab Service. The Customer must provide the address of the given place within the BiyrLab Service. The Customer is responsible for providing the correct address and instructions for delivery of the order via the BiyrLab Service. Delivery services for the Customer are provided by the Partner.
6.2. In the case of using the BiyrLab Service, a purchase of a certain minimum amount may be required. You will be notified of this amount in advance before placing your Order through the BiyrLab Service. If the value of the Order does not match at least the minimum required amount, you will be able to either pay the difference or buy more products.
6.3. The Customer must be available at the telephone number provided by the BiyrLab Service. If it is not available on the given telephone number, BiyrLab or the Partner is entitled to cancel the delivery.
6.4. The Customer is entitled to order delivery of the Order as soon as possible (standard delivery method) or at a certain pre-determined time.
7. Collection of the Order at the Partner’s premises
7.1. If the Customer does not order the delivery of the Partner’s products, but their collection at his premises, he can collect the products at the selected establishment. As soon as the products are ready for collection, the Customer will receive a confirmation electronically. BiyrLab is entitled to determine the conditions of identification of the Customer when collecting the ordered products.
8. Time estimation
8.1. Any delivery or collection time or other time that BiyrLab notifies Customer to the BiyrLab Services is a mere estimate. It is not guaranteed that the Order will be delivered or ready for collection or at the estimated time. The delivery time of the products can also be affected by various factors such as traffic congestion, rush hour traffic and weather conditions.
9. Intellectual property rights
9.1. All intellectual property rights relating to the BiyrLab Service and related documentation and all parts and copies thereof shall remain the sole property of BiyrLab or its subcontractors / licensors. “Intellectual Property Rights” means copyrights and related rights (including rights to databases, catalogs and photographs), patents, utility models, design rights, trademarks, trademarks, trade secrets, know-how and any other forms of registered and unregistered rights intellectual property.
9.2. Under these Terms of Service, the Customer is not granted any Intellectual Property Rights relating to the BiyrLab Service; BiyrLab and its subcontractors / licensors reserve all rights not expressly granted in these Terms of Service.
10. Additional provisions concerning the use of the BiyrLab Service
10.1. The BiyrLab service may only be used by persons over 18 years of age.
10.2. The Customer uses the BiyrLab Services in accordance with all applicable rules and regulations, including rules and regulations concerning the sale of alcohol, tobacco products, medicines and other products, the sale of which is restricted depending on age. If alcohol, tobacco and other age-restricted products can be delivered in the Customer’s country, delivery of age-restricted products may be refused if the Customer is unable to submit a partner courier service which delivers the Order, has a valid official photo ID proving the age required by law. Delivery of the product (s), the sale of which is restricted depending on age, may also be refused in some other cases according to the law of the country where the Customer is located (eg when delivering alcoholic beverages the Customer shows signs of intoxication). For these reasons, if age-restricted products are not delivered, BiyrLab has the right to charge the Customer a double shipping fee (and possibly a service fee) as compensation for returning the product (s).
10.3. BiyrLab is constantly developing the Service and is entitled to change, in part or in whole, or to remove various parts thereof, including features, products.
10.4. BiyrLab reserves the right, in its sole discretion, to allow you, as required, to provide, publish or make available certain content and information through the BiyrLab Service, such as feedback or support requests related to the BiyrLab Service, or to participate in contests or promotions. events. Any Customer Content you provide in this way remains your property. However, by providing BiyrLab Customer Content, you grant BiyrLab a worldwide, perpetual, irrevocable, transferable, free license to further distribute, use, copy, modify, create derivative works from, distribute and publish and otherwise use it in all formats. within existing and future channels, without prior notice or consent and without monetary compensation to you or any other person or entity. You represent and warrant that you are authorized to grant these rights to BiyrLab and that Customer Content and its use are not offensive, defamatory, obscene or otherwise harmful, and that your use of Customer Content will not infringe or abuse intellectual property, proprietary or publicity rights. and the privacy of third parties or any breach of any applicable laws or regulations.
10.5. Customer is responsible for the provision and maintenance of any facility or equipment (eg, telephone) and connections necessary to access and use the BiyrLab Services and any related fees.
10.6. You may only use the BiyrLab Service and any of its contents for non-commercial purposes. It is strictly forbidden to use any systematic search, such as robots, web crawlers, spiders, extraction software, automated processes or devices to scrape, copy or monitor any part of the BiyrLab Services.
10.8. The administrator of personal data of Customers is the company Adam Stefan Czap Pod Císařkou 3262 Prague 150 00, unless otherwise stated. Adam Stefan Czap processes all Customer’s personal data obtained from him in accordance with BiyrLab’s Privacy Policy.
11. Duration and Termination
11.1. These Terms of Service are valid as a binding agreement between BiyrLab and the Customer, until further notice, for the entire period during which the Customer uses the Biyrlab Service.
11.2. The Customer may terminate the use of the BiyrLab Service at any time. BiyrLab reserves the right to permanently or temporarily terminate the provision of the BiyrLab Service at any time.
12. Complaints
12.1. Please note that the Biyrlab Service may be interrupted or terminated at any time. The BiyrLab service may also be temporarily suspended. Do not use the BiyrLab Service to back up data. While BiyrLab makes reasonable efforts to provide the BiyrLab Service in a timely and timely manner, it is not responsible for any representations or warranties not expressly set forth in these Terms. BiyrLab makes no representations or warranties regarding the reliability, timeliness, quality and sustainability of the BiyrLab Service or the goods or services provided through it, or regarding the continuous and error-free operation of the BiyrLab Service.
12.2. BiyrLab prepares the Order in accordance with the information provided by the Customer and at the time displayed in the BiyrLab Service. In the event of any defects (delivery) of the Order, the Customer is entitled to contact the customer service department of BiyrLab, via the e-mail address info@biyrlab.com, or by telephone.
13. Applicable law and dispute resolution
13.1. These Terms of Service are governed by and construed in accordance with Czech law.
13.2. If you are a consumer, please note that you cannot be deprived of your rights under the national consumer protection legislation in force in your country of residence.
13.3. Disputes arising from these Terms of Service shall be settled by the competent court in the country in which the Customer is located. However, the consumer is always entitled to bring proceedings in the court having jurisdiction over his domicile. If you are a Customer who is domiciled in the European Union, you and BiyrLab have the right to use the European Commission’s Dispute Resolution Platform to settle your disputes. This platform is available at ec.europa.eu/odr. You also have the right to refer the dispute to the Consumer Disputes Council or other appropriate out-of-court institution in your place of residence or registered office (Czech Trade Inspection Authority, coi.cz in the Czech Republic).
14. Changes
14.1. These Terms of Service are subject to change.
14.2. The current version of the Terms of Service can be found on the BiyrLab website. We will not make material changes to the Terms of Service or restrict Customer’s rights under the Terms of Service without notice. If the Customer does not agree with the change of the Terms of Service, he will stop using the BiyrLab Service.
15. Assignment
15.1. BiyrLab is entitled to assign, in whole or in part, its rights and obligations under these Terms of Service to an affiliate or legal successor or buyer or transferee of its business assets related to the BiyrLab Service without Customer’s prior consent.
15.2. The Customer is not entitled to assign, in whole or in part, any of its rights and obligations arising from these Terms of Service.
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Updated 10.06.2022