with its registered office at Rašínovo nábřeží 389/46, Nové Město, 128 00 Prague 2 identification number: 09884360 entered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 344024 for the sale of goods through an online store located at www.cannaroomz.cz / www.cannaroomz.com INTRODUCTORY PROVISIONS
- These terms and conditions (hereinafterTerms and Conditions") Of the business company CBDROOMZ s.r.o., with its registered office at Rašínovo nábřeží 389/46, Nové Město, 128 00 Prague 2, identification number: 09884360, entered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 344024 (hereinafterseller") Are regulated in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter referred to as"Civil Code") Mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as" the contract ").purchase contract") Concluded between the seller and another natural person (hereinafterbuyer“) Through the seller's online store. The internet shop is operated by the seller on the website located at the internet address www.cannaroomz.cz/www.cannaroomz.com (hereinafter referred to as "Website"), Through the website interface (hereinafter referred to as"web store interface“).
- The business conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods in the course of their business or in the course of their independent profession.
- Provisions deviating from the business conditions can be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
- The provisions of the business conditions are an integral part of the purchase contract. The purchase contract and business conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
- The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
CONCLUSION OF THE PURCHASE AGREEMENT
- Based on the buyer's registration made on the website, the buyer can access its user interface. From its user interface, the buyer can order goods (hereinafter referred to as "user account“). The buyer can also order goods without registration directly from the web interface of the store.
- When registering on the website and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
- The Buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller, or necessary maintenance of third party hardware and software.
PRICE OF GOODS AND PAYMENT TERMS
- All presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.
- The web interface of the store contains information about the goods, including the prices of individual goods. The prices of goods are listed including value added tax and all related fees. This provision does not limit the possibility of the seller to conclude a purchase contract under individually agreed conditions.
- The web interface of the store also contains information on the costs associated with the packaging and delivery of goods. The information on costs associated with the packaging and delivery of goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.
- To order goods, the buyer fills in the order form in the web interface of the store. The order form contains in particular information about:
- 12.1. the ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store),
- 12.2. the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
- 12.3. information on the costs associated with the supply of goods (hereinafter collectivelyorder“).
- Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered in the order, even with regard to the buyer's ability to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the "Complete order" button. The data listed in the order they are deemed correct by the seller. Immediately after receiving the order, the Seller will confirm this receipt to the Buyer by e-mail, to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as "buyer's email address“).
- Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
- The contractual relationship between the seller and the buyer arises from the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the buyer's e-mail address.
- The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself, and these costs do not differ from the basic rate.
WITHDRAWAL FROM THE PURCHASE AGREEMENT
- The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer may pay the seller in the following ways:
- in cash at the seller's premises at Rašínovo nábřeží 389/46, Nové Město, 128 00 Prague 2;
- in cash on delivery at the place specified by the buyer in the order;
- cashless transfer to the seller's account;
- cashless via the PayPal payment system;
- cashless payment card;
- Along with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
- The seller does not require a deposit or other similar payment from the buyer.
- In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
- The seller is entitled, especially in the event that the buyer does not provide additional confirmation of the order, to demand payment of the full purchase price before sending the goods to the buyer. The provisions of § 2119 par. 1 of the Civil Code shall not apply
- Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
- If this is customary in business relations or if so stipulated by generally binding legal regulations, the seller shall issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is not a payer of value added tax. The tax document - invoice will be issued by the seller to the buyer after payment of the price of the goods and will be sent in electronic form to the buyer's electronic address.
- According to the Act on the Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.
TRANSPORTATION AND DELIVERY OF GOODS
- The Buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods that have been modified according to the Buyer's wishes or for him, from the purchase contract for the delivery of perishable goods and goods, which has been irretrievably mixed with other goods after delivery, since the purchase contract for the supply of goods in a closed package, which the consumer has removed from the package and for hygienic reasons it is not possible to return.
- If it is not a case referred to in Article 5.1 of the Terms and Conditions or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with § 1829 paragraph 1 of the Civil Code, within fourteen (14 ) days from receipt of the goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which forms an annex to the terms and conditions. Withdrawal from the purchase contract can be sent by the buyer to the address of the seller's office or to the seller's e-mail address firstname.lastname@example.org.
- In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller by the buyer within fourteen (14) days from the delivery of the withdrawal from the purchase contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of goods to the seller, even if the goods can not be returned due to its nature by regular mail.
- In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the seller will return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase contract by the buyer, in the same way as the seller received from the buyer. The seller is also entitled to return the performance provided by the buyer when returning the goods to the buyer or in any other way, if the buyer agrees and the buyer does not incur additional costs. 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 he sent the goods to the seller.
- The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the buyer's right to a refund of the purchase price.
- In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of § 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 taken over by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, non-cash to the account designated by the buyer.
- If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the untying condition that if the buyer withdraws from the purchase contract, the gift contract for such a gift loses its effect and the buyer is obliged to return given a gift.
RIGHTS FROM DEFECTIVE PERFORMANCE
- In the event that the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
- If, according to the purchase contract, the seller is obliged to deliver the goods to the 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 part of the buyer it is necessary to deliver the goods repeatedly or in another way than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with another method of delivery.
- Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the case of finding a violation of the packaging indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier. This does not affect the rights of the buyer from liability for defects in the goods and other rights of the buyer arising from generally binding legal regulations.
- Other rights and obligations of the parties in the transport of goods may be governed by the special delivery conditions of the seller, if issued by the seller.
OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
- The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding legal regulations (especially the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., On consumer protection, as amended).
- The seller responds to the buyer that the goods are free of defects upon receipt.
- If the defect becomes apparent within six months of receipt, the goods are deemed to have been defective at the time of receipt.
- The seller has obligations from defective performance at least to the extent that the obligations from defective performance of the manufacturer persist. The buyer is otherwise entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of receipt.
- The rights from the liability for defects of the goods apply to the seller. The seller is obliged to accept a complaint in any establishment in which the acceptance of a complaint is possible with regard to the range of products sold or services provided. The seller is obliged to issue a written confirmation to the buyer about when the buyer exercised the right, what is the content of the complaint and what method of handling the complaint the buyer requires; and further confirmation of the date and manner of handling the complaint, or a written justification for rejecting the complaint.
- The buyer can specifically exercise the rights from liability for defects of the goods, especially in person at the address Rašínovo nábřeží 389/46, Nové Město, 128 00 Prague 2 or by e-mail at email@example.com.
- The buyer shall inform the seller which right he has chosen, upon notification of the defect, or without undue delay after notification of the defect. The buyer cannot change the choice made without the consent of the seller; this does not apply if the buyer has requested the repair of a defect which proves to be irreparable.
- If the goods do not have the properties specified in Article 7.2 of the Terms and Conditions, the buyer may also request the delivery of new goods without defects, if this is not disproportionate due to the nature of the defect. The buyer has the right to deliver new goods or replace parts even in the case of a remediable defect, if he cannot use the goods properly due to the recurrence of the defect after repair or due to a larger number of defects. In this case, the buyer has the right to withdraw from the contract. If the buyer does not withdraw from the contract or if he does not exercise the right to deliver new goods without defects, to replace its parts or to repair the goods, he may request a reasonable discount. The buyer is entitled to a reasonable discount even if the seller cannot deliver new goods without defects, replace its part or repair the goods, as well as if the seller does not arrange a remedy within a reasonable time or if arranging a remedy would cause significant difficulties for the buyer.
- Whoever has the right according to § 1923 of the Civil Code, is also entitled to reimbursement of costs expediently incurred in exercising this right. However, if the right to compensation is not exercised within one month after the expiry of the period within which the defect must be alleged, the court will not grant the right if the seller objects that the right to compensation was not exercised in time.
- Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.
PROTECTION OF PERSONAL DATA
- The buyer acquires ownership of the goods by paying the full purchase price of the goods.
- In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. 1 let. e) of the Civil Code.
- The handling of consumer complaints is provided by the seller via an electronic address firstname.lastname@example.org. The seller will send information on the settlement of the buyer's complaint to the buyer's e-mail address.
- The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under a purchase agreement.
- European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of consumer disputes online and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (the Regulation on consumer dispute resolution online).
- The seller is entitled to sell goods on the basis of a trade license. Trade licensing is carried out within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of personal data protection. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
- The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
SENDING COMMERCIAL MESSAGES AND STORING COOKIES
- Its obligation to provide information to the buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals 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) ( hereinafter "GDPR Regulation“) Related to the processing of the buyer's personal data for the purposes of fulfilling the purchase contract, for the purposes of negotiating the purchase contract and for the purposes of fulfilling the seller's public law obligations, the seller shall perform by means of a special document.
- Pursuant to the provisions of Section 7, Paragraph 2 of Act No. 480/2004 Coll., On Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended, the Buyer agrees to send commercial communications by the Seller to an electronic address. or to the telephone number of the buyer. The seller fulfills its information obligation towards the buyer within the meaning of Article 13 of the GDPR Regulation related to the processing of the buyer's personal data for the purpose of sending commercial communications by means of a special document.
- The buyer agrees to the storage of so-called cookies on his computer. In the event that it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase contract without storing so-called cookies on the buyer's computer, the buyer may revoke the consent under the previous sentence at any time.
- It can be delivered to the buyer to the buyer's email address.
- The relationship established by the purchase contract is governed by Czech law.
- If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
- The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.
- The appendix to the business conditions is a sample form for withdrawal from the purchase contract.
- Seller's contact details: delivery address Rašínovo nábřeží 389/46, Nové Město, 128 00 Prague 2, e-mail address email@example.com., Telephone +420 608 828 087.