Terms and Conditions
Terms and Conditions
1. General conditions
- These general terms and conditions (hereinafter also "GTC") apply to the purchase of goods in the online store www.flowersdinosaurs.com (hereinafter "online store" or "website"), operated by Flowers & Dinosaurus sro, with its registered office at Měsíční. 1843, Černošice 252 28, ID 06838731, entered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 289910 (the "Seller")
- These General Terms and Conditions govern the legal relationship between the Online Shop Provider and Buyer arising from a Purchase Agreement entered into between the Parties through the Internet (hereinafter referred to as the "Purchase Agreement"), in particular, their mutual rights and obligations.
- The provisions contained in the purchase contract, which are deviating from these GTC, always take precedence.
- These terms and conditions are an integral part of the purchase agreement. Issues not expressly regulated by the purchase contract and the GTC are governed by the provisions of Act No. 89/2012 Coll., The Civil Code. The purchase contract and GTC are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
- When concluding a purchase contract in accordance with these GTC, the provisions of § 558 para. 2 of the Civil Code shall not apply. At the same time, the provisions of § 1799 and § 1800 for a buyer who is not a consumer within the meaning of § 419 of the Civil Code are excluded.
- A natural or legal person can become a buyer. The buyer acknowledges and agrees with the fact that the seller may, in connection with his order, request proof of compliance with the conditions under § 12 paragraph 1 letter. a) of Act No. 379/2005 Coll., as amended, ie that the buyer is not a person under the age of 18 (eg by presenting a copy or a visual record of the buyer's identity card). Failure to prove this condition by the buyer at the request of the seller is a reason for cancellation of the order and withdrawal from the purchase contract by the seller. The seller is also entitled not to allow the buyer, who is a natural person, to execute (send) the order before the buyer confirms in the order form that he is a person over 18 years of age.
2. User account
- Based on the registration of the buyer made on the website, the buyer can manage his user account, in which the buyer can order the goods (hereinafter referred to as "user account"). The buyer can also order goods in the online store directly without prior registration.
- When registering on a website and when ordering goods, the buyer is required to provide all information correctly and truthfully. The details given in the user account are obligatory for the buyer to update without undue delay upon any change. Data provided by buyers in the user account and when ordering the goods are considered by the seller to be correct.
- Access to the user account is secured by user name and password. Buyer is required to maintain confidentiality regarding the information necessary to access his user account and acknowledges that the seller is not liable for breach of this obligation by the buyer.
- The buyer is not authorized to allow the use of the user account to third parties.
- The seller is entitled to cancel the user account at any time, especially if the buyer does not use his user account longer than 12 months or if the buyer breaches his obligations under the purchase contract (including GTC).
- The buyer notes that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software of the vendor, necessary maintenance of hardware and software of third parties. The seller does not bear any responsibility for the temporary unavailability or failure of the online store.
3. Order and conclusion of the purchase contract
- The order can be made only in the online store using the order form, for goods that are offered in the online store by the seller. The online store provides information about the goods, including the purchase price of the goods and the amount of related costs (for example, the price of postage).
- All information on the goods placed on the websites is informative and the seller is not obliged to conclude a purchase contract for these goods. The provisions of § 1732 paragraph 2 of the Civil Code do not apply.
- The seller does not guarantee the immediate availability of all goods offered in the online store.
- The order through the order form placed on the web pages is properly sent if the buyer fills in all the obligatorily filled in items, especially his contact details. The information given in the order is considered by the seller to be correct and true. You can not send an incomplete order form.
- By sending a duly filled-in order form, the buyer makes a binding proposal to the seller for the conclusion of the purchase contract, and the buyer is bound by this proposal for 70 days after sending the order.
- By sending an order placed on the website, the buyer agrees to the GTC, which are an integral part of the purchase contract, as well as the price of the goods, payment terms and the chosen mode of transport.
- The seller will immediately confirm the receipt of the order to the buyer in the form of an e-mail sent to the e-mail address specified by the buyer in the order in accordance with the provisions of § 1827 paragraph 1 of the Civil Code. This e-mail will also include the general terms and conditions in text form in accordance with § 1827 paragraph 2 of the Civil Code. Confirmation of the order is not considered as acceptance of the proposal for the conclusion of the contract.
- The seller is always entitled to ask the buyer for additional confirmation of the order (in writing or by phone), especially in connection with the nature of the order (quantity of goods, purchase price, estimated transport costs).
- Acceptance of the proposal for concluding the contract and the moment of concluding the purchase contract is considered to be sending the goods to the buyer to the address specified by the buyer in the order or explicit acceptance of the proposal for concluding the purchase contract by the seller via e-mail.
- 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.
- The Buyer acknowledges that the Seller is not obliged to enter into a purchase agreement, especially with persons who have previously materially breached their obligations to the Seller.
- The buyer is obliged to remove the ordered goods and pay the purchase price and any postage.
- The place of delivery of goods is the address located within the Czech Republic or abroad specified by the buyer in the order form.
- Ownership of the goods is transferred to the buyer by taking over the goods and at the same time paying the full purchase price.
4. Price of goods, payment and delivery terms
- The price of the goods is stated for individual items of goods in the online store. The total price of the order is confirmed to the buyer at the time of order confirmation in the shopping cart on the website.
- All product prices, including promotional prices, are subject to cancellation or until stocks are sold out.
- The price of goods listed in the online store does not include the cost of transporting the goods.
- Payment for ordered goods can be made as follows:
- Payment or debit card when ordering. The price of postage (cost of transporting goods) is determined depending on the mode of transport, in the amount always currently valid and listed in the online store.
- The buyer chooses the method of delivery in the order of goods.
- The buyer can choose from the means of transport listed in the online store. The seller reserves the right to change the mode of transport or carrier. Any change does not affect the agreed shipping charge.
- The buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with another method of delivery, if it was necessary to deliver the goods repeatedly or in a different way than specified in the order.
- The goods will be shipped to the buyer within 70 business days of confirmation of receipt of the order by e-mail if such goods are at the seller's disposal. If the goods are not in stock, a different delivery term will be proposed to the seller.
- The buyer is obliged to take over the delivered goods, check the integrity of the packaging, check the goods in terms of quantity and immediately inform the seller by phone or via e-mail sent to email@example.com and initiate a complaint procedure with the carrier. The buyer will send a copy of the record of the proceedings with the carrier to the seller immediately, otherwise he will not be entitled to a complaint due to incompleteness or damage to the delivery of goods. Subsequent complaints will not be taken into account.
5. Withdrawal from the sales contract
- The Buyer has the right to withdraw from the contract without giving any reason and without any sanction to 1829 days from the date of receipt of the goods, in accordance with the provisions of § 1 paragraph 14 of the Civil Code. This does not apply to a buyer who is not a consumer within the meaning of § 419 of the Civil Code.
- Due to the nature of the goods, it is not possible to withdraw from the contract if the goods have been used and further according to the provisions of § 1837 of the Civil Code, you can not withdraw from the purchase contract was irretrievably mixed with other goods after delivery. Furthermore, it is not possible to withdraw from the purchase contract for the delivery of goods in a closed package, which the buyer has removed from the package and for hygienic reasons it is not possible to return.
- Withdrawal from the Purchaser's contract will be effected by sending it in a demonstrable manner, either in writing to the address of the seller's seat or by sending an e-mail to firstname.lastname@example.org
- In the event of withdrawal from the contract pursuant to Article 5 (1) of the GTC, the buyer is obliged to send or hand over the goods in question, together with the original invoice-tax document, to the seller within 5 days, except for goods pursuant to Article 2 (14) of the GTC. from such withdrawal to the address of its registered office. The buyer bears the costs associated with the return of goods, even if the goods can not be returned by post due to their nature.
- Seller is obliged to return to the buyer all received funds, ie the entire purchase price including delivery costs, at the latest 14 days after withdrawal from the contract according to 5 paragraph 1. GTC, in the same manner as the seller has accepted from the buyer. Another way of refunding is possible only with the consent of the buyer and no additional costs arise.
- If the buyer withdraws from the purchase contract, the seller shall not be obliged to return the received funds according to the previous paragraph to the buyer before the buyer returns the goods or shows that the goods have been dispatched 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.
- The buyer is liable to the seller for the reduction in the value of the goods, which arose as a result of handling these goods differently than it is necessary to handle with regard to their nature and properties.
- 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, in the same way as the seller received it from the buyer.
- In the event of withdrawal from the contract under this article, the purchase contract is canceled from the beginning.
- The seller reserves the right to non-delivery of the goods for objective reasons, for example, when the required goods are not in stock and the seller is not expected to place it in the foreseeable future. In this case, the seller will send to the buyer at the e-mail address indicated by him the information about the reason for not delivering the goods, which is considered as a withdrawal from the sales contract by the seller, if it has already been closed or the order is canceled. The seller will always try to offer the buyer at the same time a solution to the situation, in particular to offer him other similar goods.
6. Rights from defective performance
- The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding regulations, in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2112 and Sections 2161 to 2174 of the Civil Code.
- The seller is responsible to the buyer for the fact that the item sold is in agreement with the buyer in the buyer's agreement, in particular that it is defective.
- The seller is responsible to the buyer for the fact that at the time when the buyer took over the goods,
- the quality and utility features of the contract required by the seller, the manufacturer or his agent described therein, or the anticipated,
- is suitable for the purpose stated by the seller or for which goods of this type are usually used,
- complies with legal requirements,
- is in the appropriate amount, degree or weight,
- corresponds to the quality or performance of the agreed sample or master if the quality or design has been determined on the basis of the agreed sample or master.
- The provisions set forth in 6 paragraph 3 VOP shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed for wear of goods caused by their normal use, for used goods to a defect corresponding to the degree of wear or tear the goods have when taken over by the buyer, or if it results from the nature of the goods.
- The buyer is entitled to exercise the right to a defect that occurs in the goods within 24 months of receipt of the goods.
- In case the goods do not have the properties according to 6 paragraph 3. GBC, the buyer, who is a consumer within the meaning of § 419 of the Civil Code, has the right to supply new goods without defects, if this is not disproportionate due to the nature of the thing. If the defect only affects the part of the item, the buyer may request an exchange of this part or withdraw from the contract and request a refund of the purchase price.
- If it is not possible to deliver new goods, the buyer may withdraw from the contract and demand full refund of the purchase price. However, if it is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to free removal of the defect.
- The buyer, who is a consumer, 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 also has the right to withdraw from the contract.
- Rights against defective performance of a buyer who is not a consumer are governed by the statutory provisions of § 2099 et seq. civil code
- If there is a defect within six months of the takeover, the goods are deemed to have been defective already at takeover.
7. Contractual guarantee for quality
- By guaranteeing the quality, the seller undertakes that the goods will be suitable for use for the usual purpose for a certain period of time or that they will retain their usual properties. These effects are also indicated by the warranty period or the shelf life of the goods on the packaging or in advertising.
- If the seller, beyond the scope of his / her legal obligations, has a quality guarantee, his / her application shall be governed by these GTC, in particular 8., Unless the confirmation of Seller's obligations of defective performance (warranty) or contract stipulates otherwise.
- The warranty does not apply to wear and tear caused by its normal use.
- The warranty period begins with the buyer's receipt of the goods. If the exchange occurs, the warranty period starts to run for quality again from the receipt of the new goods. The time that the complaint is handled does not count for the quality guarantee.
8. Complaints and Claims
- Defective rights as well as rights under the quality guarantee (hereinafter referred to as "complaints") apply to the seller.
- The buyer may claim his or her rights to defective performance within the 24 month after the receipt of the goods. Upon expiry of this period, the Seller's defect may not be invoked unless otherwise agreed by the parties or the seller or manufacturer provides a specific quality guarantee beyond its statutory obligations under Article 7. of these GTC. The Buyer shall apply his rights to defective performance without undue delay after he discovers that the Goods are defective.
- Claims can not be claimed if the defect of the goods occurred as a result of improper use or storage of the goods by the buyer.
- Claiming defects in goods can not be claimed even when the goods are consumed or when the period of expiration of the goods on the packaging of the goods expires.
- Claims are made personally at the seller's premises or by mail, without undue delay after the defect has been discovered, but no later than the last day of the specified time.
- When making a claim, the Buyer is obliged to submit the original goods, the original packaging, the original of the invoice-tax document for the purchase of the goods, and the specific description of the defect and their contact details.
- Seller is required to provide the buyer with a written confirmation of the buyer's right to apply, the subject of the claim, and the manner of handling the claim, as well as a confirmation of the date, location and method of processing the claim, including the confirmation of the repair and its duration, written justification of the refusal of the claim. In the case of a claim through a postal service, the seller will send this confirmation to the buyer by e-mail.
- The seller or his authorized representative decides on the claim immediately, in complex cases within three business days. This time limit does not include the time appropriate to the type of product needed to expertly assess the defect. Claims, including the removal of a defect, must be settled without undue delay, no later than 30 days from the date of claim submission, unless the seller and the buyer agree for a longer period.
- If the sold item is not in conflict with the sales contract, it has no defects, the warranty period or the time limit for defects has expired, the buyer has no right to change the item, discount the purchase price, or withdraw from the purchase contract, except for case according to 5 GTC.
- The buyer is obliged to take the claimed goods into 30 days from the date when the claim was to be settled at the latest, after which time the seller is entitled to charge reasonable warehouse or goods for sale himself at the buyer's account. For this procedure, the seller must notify the buyer in advance and provide him with a reasonable additional time to take over the goods.
- If the claim is acknowledged to be justified, the buyer is entitled to the reimbursement of the expense incurred in connection with the exercise of his right.
9. Privacy, business messaging and cookie storage
- The buyer agrees to process these personal data: name and surname, address or address, identification number, tax identification number, e-mail address, telephone number, age and gender.
- The Buyer agrees to the processing, administration and storage of personal data provided for the purpose of executing the Buyer's order and for marketing purposes, pursuant to § 5 paragraph 2 of Act No. 101/2000 Coll., On Personal Data Protection and Act No. 480/2004 Coll. , on certain information society services of the seller. The controller of personal data will be the seller, ie the company Flowers & Dinosaurus sro, with its registered office at Měsíční 1843, Černošice 252 28, ID number 06838731, entered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 289910. This consent is provided to the seller indefinitely . The buyer may at any time via e-mail to request a change in the data provided or the termination of their processing, administration or storage.
- By processing the buyer's personal data, the seller may assign a third party as processor.
- In the event that the buyer considers that the seller or processor carries out the processing of his or her personal data contrary to the protection of the buyer's private and personal life or contrary to law, in particular if the personal data are inaccurate with regard to the purpose of their processing, he may ask the seller or processor for an explanation or request that the seller or processor remove the resulting condition.
- The buyer agrees to the storage of so-called cookies on his computer. In the event that it is possible to make a purchase in the online store 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.
10. Final Provisions
- The seller has the right to change these GTC at any time. Such amended GTC come into force and effect on the day of their publication on the website or on the date specified therein. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
- The buyer hereby takes on the risk of changing the circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
- The seller is not bound by any code of conduct in relation to the buyer in the sense of § 1826 (1) e) the Civil Code.
- The Purchase Agreement, including the General Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
- Seller in the sense of § 14 of Act No. 634 / 1992 Sb., On Consumer Protection, as amended, informs buyers who are consumers within the meaning of § 419 of the Civil Code that they are subject to out-of-court settlement of consumer disputes materially relevant to the type of goods sold is the Czech Trade Inspection, whose internet address is www.coi.cz.
- Authority within the meaning of § 1820 (1) (j) of the Civil Code is within the scope of its competence the relevant Trade Licensing Office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection and Supervision of Compliance with Act No. 634 / 1992 Sb., On Consumer Protection, as amended, is carried out by the Czech Trade Inspectorate on a limited scale.
- If any provision of these GBCs becomes wholly or partly invalid, ineffective or unenforceable, the remainder of the clause will remain in full force and effect, and instead of invalid clauses, a clause will come into effect as the closest possible approximation to the invalid clause.
- These GTC become effective and effective on 1.4.2018
In Prague on April 1.4.2018, XNUMX, Flowers & Dinosaurus sro