SELLER:

Jan Sedláček, Masarykovo náměstí 125, 594 51 Křižanov, IČ: 121 41 691

for the sale of goods through an online store located at the Internet address www.kaktusysedlacek.cz

 

1. Introductury provisions

1.1. These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) regulate in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., The Civil Code (hereinafter the “Civil Code”) the mutual rights and obligations of the contracting parties on the basis of a purchase contract (hereinafter referred to as the “purchase contract”) concluded between the seller and another natural person (hereinafter referred to as the “buyer”) through the seller's online store. The internet shop is operated by the seller on a website located at the internet address (hereinafter referred to as the "website"), via the website interface (hereinafter referred to as the "shop web interface").

1.2. The Terms and 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.

1.3. 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.

 

2. User account

2.1. 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"). If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store.

2.2. When registering on the website and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account upon any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.

2.3. Access to the user account is secured by username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.

2.4. The buyer is not entitled to allow the use of the user account by third parties.

2.5. The seller may cancel the user account, especially if the buyer does not use his user account for longer than, or if the buyer violates its obligations under the purchase agreement (including the terms and conditions).

2.6. The buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the seller, or. necessary maintenance of third party hardware and software.

 

3. Concluding a purchase contract

3.1. 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.

3.2. 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. The prices of the goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to enter into a purchase agreement under individually agreed conditions.

3.3. 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.

3.6. Sending the order is considered to be such an act of the buyer, which undoubtedly identifies the ordered goods, the purchase price, the person of the buyer, the method of payment of the purchase price, and is a binding draft of the purchase contract for the parties. The condition for the validity of the order is the completion of all mandatory data in the order form, acquaintance with these business conditions on the website and confirmation of the buyer that he has read these business conditions.

3.7. 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 interface or in the order (hereinafter referred to as the "Buyer's e-mail address").

3.9. The draft purchase agreement in the form of an order is valid for fifteen days.

3.10. 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.

 

4. Price of goods and payment terms

4.1. 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:

4.1.1. in cash at the seller's premises at;
4.1.2. in cash on delivery at the place specified by the buyer in the order;
4.1.3. cashless transfer to the seller's account (hereinafter referred to as the "seller's account");
4.2. 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.

4.4. In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within days of concluding the purchase contract.

4.5. 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.

4.6. The seller is entitled, especially in the event that the buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the full purchase price before sending the goods to the buyer. The provisions of Section 2119 (1) of the Civil Code shall not apply.

 

5. Withdrawal from the purchase contract

5.1. In accordance with the provisions of Section 1829, Paragraph 1 of the Civil Code No. 89/2012 Coll. the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods, and if the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence.

5.2. Returned goods must be undamaged and in the original packaging.

5.3. To withdraw from the purchase contract, the buyer may use the sample form provided by the seller, which is attached to the terms and conditions. Withdrawal from the purchase contract may be sent by the buyer to the address of the seller's establishment or registered office. The provisions of Article 11 of these Terms and Conditions apply to the delivery of withdrawals from the contract.

5.3. In the event of withdrawal from the purchase agreement pursuant to Article 5.1 of the Terms and Conditions, the purchase agreement is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days of withdrawal from the 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 their nature by regular mail.

5.4. In the event of withdrawal from the contract pursuant to Article 5.1 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 otherwise, 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.

5.5. 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.

5.6. Until the goods are taken over by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return the purchase price to the buyer without undue delay, cashless to the account specified by the buyer.

 

6. Transport and delivery of goods

6.2. If the seller is obliged under the purchase contract 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.

6.3. 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 stated 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.

6.4. 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.

6.5. Acceptance means the delivery of goods by the carrier to the customer. If discrepancies are found in the delivery of goods with the order form, the buyer is obliged to report to the seller immediately by the next working day. Subsequent complaints will not be taken into account.

 

7. Protection of personal data

7.1. The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., On the protection of personal data, as amended.

7.2. The buyer agrees to the processing of the following personal data: name and surname, residential address, identification number, tax identification number, e-mail address, telephone number and (hereinafter collectively referred to as "personal data").

7.3. The buyer agrees to the processing of personal data by the seller, for the purposes of exercising the rights and obligations under the purchase agreement and for the purposes of maintaining a user account. Unless the buyer chooses another option, he agrees to the processing of personal data by the seller also for the purpose of sending information and business messages to the buyer. Consent to the processing of personal data to the full extent of this article is not a condition that would in itself preclude the conclusion of a purchase agreement.

7.4. The buyer acknowledges that he is obliged to state his personal data (during registration, in his user account, when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the seller without undue delay about the change in his personal data.

7.5. The seller may authorize a third party to process the buyer's personal data as a processor. Apart from the persons transporting the goods, personal data will not be passed on to third parties by the seller without the prior consent of the buyer.

7.6. Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.

 

8. Delivery

8.1. Notices concerning the relationship between the seller and the buyer, in particular regarding withdrawal from the purchase agreement, must be delivered by post in the form of a registered letter, unless otherwise stipulated in the purchase agreement. The notices shall be delivered to the relevant contact address of the other party and shall be deemed to have been received and effective upon delivery by post, except for the withdrawal notice made by the buyer when the withdrawal takes effect if the notice is sent by the buyer within the withdrawal period.

 

9. Final provisions

9.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights under generally binding legislation.

9.2. The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.

9.3. Seller's contact details: Jan Sedláček, Masarykovo náměstí 125, 594 51 Křižanov, email: zahradnictvi @ miridium.cz, tel .: 731 616 339.

9.4. According to the Regulation of the European Parliament and the Council (EU) 2016/2031 on protective measures against harmful plant organisms, Articles 45, 55, 65, 81 valid from 14.12.2019, we display the link: http://eagri.cz/public/web/ukzuz/portal where you can find the complete necessary information related to the import and export of plants within the EU.