Terms and Conditions
Terms and Conditions
1. General conditions
- These General Terms and Conditions (hereinafter referred to as the "GTC") apply to the purchase of goods at the online store www.flowersdinosaurs.com (hereinafter referred to as the "Online Store" or "Website") operated by Flowers & Dinosaurus sro, 1843, Černošice 252 28, Identification Number 06838731, registered in the Commercial Register maintained 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 arrangements contained in the Purchase Agreement, which are different from these GBCs, always prevail.
- These terms and conditions are an integral part of the sales contract. Questions explicitly not covered by the Purchase Contract and the GBC are governed by the provisions of Act No. 89 / 2012 Sb., Civil Code. The Purchase Contract and the GBC are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
- The provisions of § 558 paragraph 2 of the Civil Code shall not apply to the conclusion of the Purchase Contract in accordance with these GTC. At the same time, the provisions of § 1799 and § 1800 are excluded for a buyer who is not a consumer within the meaning of § 419 of the Civil Code
- The buyer may become a natural or legal person. The Buyer acknowledges and agrees that the seller may, in connection with his order, request proof of compliance with the condition under § 12 (1). a) of Act No. 379 / 2005 Sb., as amended, ie the purchaser is not a person younger than 18 years (eg by presenting a copy or a pictorial record of the identity card of the buyer). Failure to prove this condition to the buyer at the seller's request is a reason for cancellation of the order and withdrawal from the sales contract by the seller. Seller is also entitled not to allow buyer who is a physical person to execute (dispatch) an order before the buyer in the order form confirms that he is a person older than 18 years.
2. User account
- Based on the buyer's registration made on the website, the buyer can manage his user account in which the buyer can access the goods (hereinafter referred to as the "user account"). The buyer can order the goods in the online store also 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 only be made in the online shop via the order form, and the goods that are offered in the online shop by the seller. The online store provides information about the goods, including the purchase price of the goods and the related costs (such as the postage cost).
- 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 the 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 expresses its consent to the GTCs, which are an integral part of the purchase contract, as well as the price of the goods, the payment terms and the chosen mode of transport.
- Seller will promptly confirm the receipt of the order to the buyer by e-mail sent to the e-mail address that the buyer stated in the order in accordance with the provisions of § 1827 paragraph 1 of the Civil Code. Part of this email will be the general business terms in a text format in accordance with § 1827 paragraph 2 of the Civil Code. Order confirmation is not considered acceptance of an agreement to sign a 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).
- The acceptance of the proposal for the conclusion of the contract and the moment of conclusion of the purchase contract shall be deemed to be the dispatch of the goods to the buyer at the address stated by the buyer in the order or the explicit acceptance of the proposal for the conclusion of the purchase contract by the seller via e-mail.
- The buyer agrees to use remote means of communication when concluding the purchase contract. Costs incurred by the buyer when using remote means of communication in connection with the conclusion of a purchase contract (costs of Internet connection, telephone call costs) are borne by the buyer himself, which does not differ from the basic rate.
- The Buyer notes that the seller is not obliged to enter into a sales contract, especially with persons who have previously substantially violated their obligations towards the vendor.
- The buyer is obliged to remove the ordered goods and pay the purchase price and any postage.
- The place of delivery of the goods is the address within the Czech Republic or abroad stated 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 given for individual items of goods in the online store. The total price of the order is confirmed to the buyer at the moment 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 goods.
- Payment for ordered goods can be made as follows:
- Payment or debit card when ordering. The shipping cost (freight cost) is determined by the mode of transport, always valid and listed in the online store.
- The buyer chooses the way of delivery in the goods order.
- 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.
- Buyer is obliged to pay the costs associated with repeated delivery of the goods, respectively. costs associated with a different delivery method, if it was necessary to deliver the goods repeatedly or in a manner other than that 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 delivery of the delivered goods, to check the integrity of the packages, to check the goods in terms of quantity and to immediately inform the seller by phone or by e-mail sent to the address firstname.lastname@example.org and to initiate a complaint procedure with the carrier. A copy of the procedure of the proceedings with the carrier will be sent to the seller by the seller, otherwise he will not be entitled to a claim for incompleteness or damage to the delivery of the goods. Later complaint 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.
- Withdrawal from the contract due to the nature of the goods can not be done if the goods were used and further according to the provisions of Section 1837 of the Civil Code, but can not, inter alia, withdraw from the purchase contract for the supply of goods, adjusted according to the buyer's wish or for his person, after delivery, was irreversibly mixed with other goods. Furthermore, it is not possible to withdraw from the purchase contract for the delivery of goods in closed packaging, which the buyer has removed from the packaging and can not be returned for hygienic reasons.
- 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 email@example.com
- In case of withdrawal from the contract according to Article 5 paragraph 1. GTC is the buyer obliged to the goods in question, except for the goods according to Article 5 paragraph 2. GTC, in the original packaging together with the original of the invoice-tax document to send or hand over to the seller within 14 days of such withdrawal to its registered office. The buyer bears the costs associated with the return of the goods, even if the goods can not be returned by post 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 indemnify the Seller against the buyer's claim for repayment of the purchase price.
- The buyer is liable to the seller for the diminished value of the goods that arose from the handling of the goods other than the necessity to dispose of it in view of its nature and properties.
- Upon receipt of the goods by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller shall return the purchase price to the buyer without undue delay in the same manner as the seller has accepted from the buyer.
- In the event of termination under this Article, the purchase agreement is abolished from the outset.
- 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
- Rights and obligations of contractors regarding defective performance are governed by applicable generally binding regulations, in particular the provisions of § 1914 to 1925, § 2099 to 2112 and § 2161 to 2174 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 liable to the buyer for the fact that at the time 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 appropriate to the purpose which the seller lists or to which goods of this type are normally 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 claim the right to defect that occurs on the goods in the period 24 months after the 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. If, however, due to the nature of the defect it is disproportionate, especially if the defect can be eliminated without undue delay, the buyer has the right to free defect removal.
- The right to the supply of new goods or the replacement of parts is the buyer who is the consumer even in the case of a defect that can be remedied if he can not properly use the goods for repeated defects after repair or for more 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 quality, the seller agrees that the goods will be eligible for normal use for a certain period of time or that they retain the usual properties. These effects also include the indication of the warranty period or the shelf life of the goods on the packaging or in the advertisement.
- 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
- Rights of defect and warranty for quality (hereinafter referred to as "claim") 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.
- Buyer agrees to process, manage and retain the 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 Sb., On Personal Data Protection and Act No. 480 / 2004 Sb. , certain information society services, the seller. The personal data administrator will be the seller, ie Flowers & Dinosaurus sro, with its registered office at Monthly 1843, Černošice 252 28, Identification Number 06838731, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 289910. This consent is given by the buyer to the seller indefinitely. The Buyer may at any time by e-mail request a change in the data provided or terminate their processing, administration or retention.
- 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.
- Buyers agree to store so-called cookies on their computer. If the purchase in the online store is possible and the seller's obligations under the purchase contract can be fulfilled without the so-called cookies being deposited on the purchaser's computer, the buyer may withdraw the consent under the previous sentence at any time.
10. Final Provisions
- Seller has the right at any time to change these GBCs. The amended GTC becomes effective and effective from the date of their publication on the website or the date specified therein. This provision is without prejudice to 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, 1.4.2018, Flowers & Dinosaurus sro