Terms and Conditions
EVERY ORDER IS CONSIDERED AS RECEIVED UP TO TIME WHEN
- we will receive payment to our account
- we will receive confirmation of payment by e-mail or fax
- upon payment card acceptance at the Authorization Center
PRICE FOR TRANSPORT
- the price list for delivery of flowers in the Czech Republic and the Slovak Republic can be found in the price list of flowers delivery
COMMERCIAL CONDITIONS KUP-KYTICI.CZ FLORA 24 S.R.O.
entrepreneur FLORA 24 s.r.o., place of business Bryksova 761/42, postcode 19800, company ID: 05154715, VAT No .: CZ05154715,
for the sale of goods through an online store located at www.kup-kytici.cz
1. INTRODUCTORY PROVISIONS
1.1. These Business Terms and Conditions (hereinafter referred to as the "Business Terms and Conditions") of the entrepreneur FLORA 24 sro, the place of business Bryksova 761/42, postal code 19800, company ID: 05154715, DIČ: CZ05154715, hereinafter referred to as "Seller" 1 of Act No. 89/2012 Coll., The Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising out of or in connection with the purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the seller and another natural person hereinafter referred to as the "buyer") via the seller's internet shop. The subject of the purchase contract is the sale of the goods (hereinafter referred to as "the goods") by the seller to the buyer, provided that the goods can be delivered directly to the buyer or another person, determined by the buyer in the sales contract (hereinafter referred to as "the recipient"). The e-shop is operated by the seller on a web site located at www.kup-kytici.cz (hereinafter referred to as the "website") through the web interface (hereinafter referred to as the "web interface of the store").
1.2. Business terms do not apply to cases where a person intending to buy the goods from a seller is a legal entity or person acting on the order of the goods in the course of their business or in their independent pursuit of their profession.
1.3. Provisions derogating from the terms and conditions may be negotiated in the sales contract. Distinctive arrangements in the sales contract take precedence over the provisions of the terms and conditions.
1.4. Business terms and conditions are an integral part of the sales contract. The Purchase Agreement and the Business Terms and Conditions are prepared in the Czech language. The purchase contract can be concluded in the Czech language.
1.5. The seller may change or add the wording of the business terms. 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.
2. USER ACCOUNT
2.1. Based on buyer registration made on a website, buyers can access their user interface. From its user interface, the buyer can perform the ordering of goods (hereinafter referred to as the "user account"). Buyers can also order goods without registration directly from the web interface of the store, by phone or e-mail.
2.2. When registering on a web site and when ordering goods (both with registration and without registration), the buyer is obliged to indicate correctly and truthfully all data. The details given in the user account are obligatory for the buyer to update upon any change. Data provided by buyers in the user account and when ordering the goods are considered by the seller to be correct.
2.3. 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.
2.4. The buyer is not authorized to allow the use of the user account to third parties.
2.5. The seller may cancel the user account, especially if the buyer does not use his user account for more than 12 months or if the buyer violates his obligations under the purchase contract (including business terms).
2.6. 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, maintenance of hardware and software of third parties.
3. CLOSING OF THE BUILDING AGREEMENT
3.1. All presentations of the goods placed in the web interface of the store are of an informative nature, they are not binding binding sample or original, and the seller is not obliged to conclude a purchase contract for these goods. Section 1732 (2) of the Civil Code does not apply.
3.2. The store's web interface contains information about the merchandise, including the prices of individual goods. Goods prices are quoted including value added tax and all related fees. Product prices remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract for individually negotiated terms.
3.3. The store's web interface contains information about locations within the Czech Republic and the Slovak Republic where the goods are delivered to the seller. In selected locations listed on the web interface of the store, the seller also provides delivery of goods in shorter time (express delivery of goods). The store's web interface also includes information on the cost of packaging and delivering goods. Information on the costs associated with the packaging and delivery of the goods listed in the web interface of the trade is valid only in cases when the goods are delivered within the territory of the Czech Republic and the Slovak Republic. This provision does not limit the possibility for the seller and the buyer to arrange the delivery of goods outside the Czech Republic and the Slovak Republic individually.
3.4. The buyer can order the goods in one of the following ways: by filling in and sending the order form to the web interface of the store, by phone or e-mail delivered to the seller ("order"). In particular, the order contains information about:
3.4.1. ordered goods,
3.4.2. buyer - in particular, name, surname, address, telephone, e-mail address,
3.4.3. the recipient of the goods - especially name and surname, address, telephone, email, or other delivery data (if the buyer determines in the order that the goods are to be delivered to the recipient of the goods),
3.4.4. the date of delivery of the goods to the buyer or recipient of the goods and the estimated (indicative) time of delivery of the goods,
3.4.5. the method of payment of the purchase price of the goods,
3.4.6. or information about the buyer's message for the recipient of the goods to be connected to the seller.
The order made via the order form on the web interface of the store also contains information on the costs associated with the delivery of the goods. In the case of an order made by phone or e-mail, purchasers are provided with information on the costs associated with the delivery of goods available at the web interface of the shop.
3.5. Ordering goods through the order form on the web interface of the store. To order the goods, the buyer completes the order form in the web interface of the store. The order form contains, in particular, the information provided in Article 3.4. business conditions. Before sending the order to the seller, the buyer is allowed to check and modify the data that the buyer has placed in the order, also with regard to the buyer's ability to identify and correct the errors that occurred when entering the data into the order. The order is sent by the buyer to the seller by clicking on the "Confirm order" button.
3.6. Order the goods by phone. Buyer is authorized to order the goods by phone at +420 777 993 803 , every day from 8:00 am to 8:00 pm In addition to the above mentioned time of availability of the telephone number for making the order, the buyer is entitled to order the goods through the order form form on the web interface of the store or by e-mail. In the telephone order for the goods, the purchaser shall specify in particular the data referred to in Article 3.4. business conditions.
3.7. Ordering goods by e-mail. The buyer is entitled to order the goods by e-mail by sending an order containing the data specified in Article 3.4. business terms and conditions at the seller's email address at firstname.lastname@example.org
3.8. The seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing, by e-mail or by phone), depending on the nature of the order (quantity of goods, purchase price, estimated transport costs).
3.9. Seller immediately upon receipt of the order or additional confirmation of the order in any of the ways specified in Article 3.6. - 3.8. of the Business Terms and Conditions confirms this receipt to the buyer by e-mail to the buyer's electronic address given in the user interface or in the order (hereinafter referred to as the "buyer's electronic address"). The contractual relationship between the seller and the buyer arises by delivering the receipt of the order (acceptance), which is sent to the buyer by the seller by e-mail to the buyer's e-mail address.
3.10. The buyer is entitled to cancel the order ("cancellation of the order"), no later than 12 hours before the beginning of the delivery date on the required day of delivery of the goods, which is 9:00 am of the requested delivery date. Cancellation of the order must be delivered by the buyer to the seller at email@example.com In the event that the cancellation of the purchase order by the buyer is delivered to the seller within the above deadline, the seller returns the buyer back the paid purchase price or part thereof and the cost of transporting the goods, card or pay pal, depending on how the order was paid. The money will be returned to the buyer within 14 days of the date of delivery of the cancellation order by the buyer to the seller. If the Buyer delivers to the Seller a cancellation of the order later than in the aforementioned period, he will not deliver the goods to the buyer or the recipient of the goods. In such a case, however, the buyer is not entitled to a refund of the purchase price of the goods or of their parts or the cost of transporting the goods, and the paid purchase price will be unilaterally charged to the seller for compensation for the damage incurred in the amount of the order made. The buyer has the right to pick up the goods at one of the seller's contractual premises within no more than 24 hours from the delivery date specified in the order. The address of the premises will be communicated to the buyer on request by the seller by telephone or by e-mail.
3.11. Seller is obliged to send the goods to the buyer or recipient of the goods after the buyer has met one of the following conditions:
- payment of the purchase price of the goods is credited to the bank account of the seller,
- the seller will receive from the buyer a bank confirmation of the payment by transfer in .PDF format or a "print screen" of a payment order given by the buyer to pay the purchase price to the seller's electronic address at firstname.lastname@example.org; or
- the seller will be notified of the acceptance of payment by the buyer's credit card by the Authorization Center
- the seller will receive a receipt from the pay pal provider if he chooses this form of payment
(all hereinafter referred to as "shipping conditions").
This is without prejudice to the provisions of Article 5.6. of the Business Terms, according to which the buyer's obligation to pay the purchase price is fulfilled by crediting the purchase price to the seller's account.
3.12. The buyer agrees to use remote means of communication when concluding the purchase contract. Costs incurred by the buyer when using distance 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.
bouquets depicted on the shop's web interface do not include vases in which bouquets are arranged
4.1. The bouquets depicted on the web interface of the shop are not vases in which bouquets are arranged.
4.2. Photographs of gift items presented on the web interface of the store, such as plush toys, bottles of wine, etc., are indicative and the seller undertakes to supply the buyer with similar goods in the same price range.
4.3. The order of bouquets of individual flowers must contain at least 7 flowers in a bouquet.
4.4. The Buyer acknowledges and agrees that it may happen that the ordered goods will be slightly different from the goods listed on the web interface of the store. For a slight difference of goods, the bouquet or floral goods are considered to be particularly different in shape, appearance, color, kind and number of flowers. In the case of gift items, the delivery of similar goods is considered to be slightly different in the same price range. Replacement is made with goods of the same or similar appearance, kind, quantity and at the same or higher price.
4.5. In the case of a change of goods to a greater extent than mentioned above in Article 4.4. the Buyer Seller will contact the Buyer prior to dispatch of the Goods by phone to agree to change the Goods and this Agreement will be subsequently confirmed by e-mail. If the seller and the buyer do not agree to change the goods, the buyer is entitled to withdraw from the purchase agreement.
4.6. Change of goods for reasons on the part of the buyer is possible only on the basis of a telephone agreement between the seller and the buyer, which must be subsequently confirmed by electronic mail.
4.7. The seller advises the buyer to cut stems of flowers in bouquets or flower goods every day, including water exchange and maintain in a suitable climate.
5. PRICE OF GOODS AND PAYMENT CONDITIONS
5.1. The price of the goods is stipulated in the purchase contract.
5.2. The Purchaser may pay the Buyer's cost of goods and any costs associated with the delivery of goods in accordance with the Purchase Contract in the following ways, depending on the manner of making the order under Article 3.6. - 3.8. Terms & Conditions:
5.2.1. cashless payment card (in the case of an order made through the order form on the web interface of the store);
5.2.2. by wire transfer to the seller's account (hereinafter referred to as the "Seller Account"):
account number 275057567/0300
Account held at Československá obchodní banka, a.s.
IBAN: CZ91 0300 0000 0002 7505 7567
(in the case of an order made through the order form on the web interface of the store, by telephone or e-mail);
5.2.3. in cash by depositing at the Seller's account at any branch of Československá obchodní banka, a.s. in the Czech Republic (in the case of an order made through the order form on the web interface of the shop, by telephone or e-mail), after the cash is made, the buyer is obliged to contact the seller by phone + 420 737 616 029 and inform him of the deposit;
5.2.4. PayPal (in the case of an order made via the order form on the web interface of the store);
5.2.5. payment on the basis of an invoice issued by the seller is possible on the basis of an individual agreement between the seller and the buyer (in the case of an order made by phone or e-mail).
5.3. Together with the purchase price, the buyer is also required to pay the seller the cost of packing and delivering the goods at the agreed rate. Unless otherwise specified, the purchase price and the costs associated with the delivery of the goods are further understood.
5.4. The seller does not ask the buyer for a deposit or other similar payment. This is without prejudice to the provisions of Article 5.6. conditions regarding the obligation to pay the purchase price of the goods in advance.
5.5. The purchase price is payable immediately upon receipt of the order confirmation by the seller to the buyer in accordance with Article 3.9. business conditions.
5.6. In the case of non-cash payment by transfer to Seller's account or cash payments by depositing on the Seller's account, Buyer is obliged to pay the purchase price of the Goods together with the variable payment symbol. The buyer's obligation to pay the purchase price is met when the relevant amount is credited to the seller's account.
5.7. Seller is entitled to claim payment of the full purchase price before the goods are dispatched to the buyer or recipient of the goods. Paragraph 2119 (1) of the Civil Code does not apply.
5.8. Any discounts on the price of goods provided by the seller to the buyer can not be combined.
5.9. If it is customary in the course of trade or if it is stipulated by generally binding legal regulations, the seller shall issue a tax document - invoice to the purchaser in respect of payments made under the purchase contract. The seller is a value added tax payer. Tax document - The invoice is issued by the seller to the purchaser after paying the price of the goods and sends it in electronic form to the e-mail address of the buyer.
6. WITHDRAWAL FROM THE BUYER'S CONTRACT
6.1. The Buyer notes that, according to the provisions of Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from the purchase contract for the supply of goods which has been adjusted according to the buyer's or his person's wishes, the purchase contract for the delivery of goods subject to rapid perishable goods which after the delivery has been irreversibly mixed with other goods, from the purchase contract for the supply of goods in sealed packaging which the consumer has exempted from the packaging and for hygienic reasons it can not be returned and from the purchase contract for the delivery of a sound or pictorial recording or a computer program, original packaging. The Buyer acknowledges and agrees that bouquets and other goods of flowers that are the subject of a sales contract are always bound by the vendor and adjusted according to the buyer's wishes, both bouquets presented on the web interface of the shop as models and bouquets made individually according to the buyer's wishes; that is, bouquets and other goods from flowers are both perishable goods and goods mixed with other goods or modified according to the buyer's wishes.
6.2. If the case is not referred to in Article 6.1 or in another case when the contract of sale can not be withdrawn, the buyer has the right to withdraw from the purchase contract in accordance with Section 1829 (1) of the Civil Code, within 14 days from the receipt of the goods, where, in the case of several types of goods or the delivery of several parts of the purchase contract, this period runs from the date of the last delivery of the goods. The withdrawal from the sales contract must be sent to the seller within the time limit specified in the previous sentence. In order to withdraw from the purchase contract, the buyer may use the model form provided by the seller, which forms an annex to the business terms and conditions. Withdrawal from the sales contract may be made by the buyer, in writing, to the address of the seller: FLORA 24 s.r.o., place of business Bryksova 761/42, postcode 19800, or electronically to the e-mail address of the seller to email@example.com.
6.3. In case of withdrawal from the purchase contract according to Article 6.2. the sales contract is canceled from the outset. The goods must be returned to the seller within 14 (fourteen) days of withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the cost of returning the goods to the seller, even if the goods can not be returned by their normal postal route.
6.4. In the event of withdrawal under Article 6.2. the Seller shall return the funds received from the Buyer within 14 (fourteen) days of withdrawal from the Purchase Agreement in the same manner as the Seller has accepted from the Purchaser. The seller is also entitled to return the performance provided by the buyer upon returning the goods to the buyer or otherwise, provided that the purchaser agrees to do so without incurring additional costs to the buyer. 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 shows that the goods have been dispatched to the entrepreneur.
6.5. The Seller is entitled to indemnify unilaterally the Buyer's claim for a refund of the purchase price.
6.6. 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, without charge, to the account specified by the buyer.
6.7. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the condition that the buyer withdraws from the purchase contract, the gift agreement is lost and the buyer is obliged to return the goods together with the seller provided gift.
6.8. In the event that after the purchase order is confirmed by the seller to the buyer, the price of the goods charged to the seller by his supplier changes significantly, or if the goods are not in stock at the supplier of the seller, the buyer will immediately contact the buyer for a change of order. If there is no agreement between the buyer and the seller to change the order, the seller or buyer is entitled to withdraw from the purchase agreement. If the buyer has already paid the seller the purchase price or part thereof, the seller's paid amount will be transferred back to his / her account or address as soon as possible. This is without prejudice to the seller's right to deliver slightly different goods to the buyer in accordance with Article 4.4. business conditions.
7. TRANSPORTATION AND SUPPLY OF GOODS
7.1. Goods will be dispatched to the buyer or recipient of the goods to be determined by the buyer once the conditions for dispatch of goods have been met in accordance with Article 3.11. business conditions.
7.2. The goods are delivered to the seller every day between 9:00 am and 8:00 pm Delivery of the goods outside of the above mentioned period is possible based on an individual telephone agreement between the seller and the buyer.
7.3. If the conditions for dispatch of the goods are fulfilled by 17:00 on the day of delivery of the goods stipulated in the purchase contract, the seller undertakes to deliver the goods on that day. If the conditions for dispatch of goods are not met within the above deadline, the seller will deliver the goods the following day between 9:00 and 20:00.
7.4. In case the goods are to be delivered outside the territory of the City of Prague on Saturdays or Sundays in accordance with the purchase contract, the conditions for dispatch of goods must be fulfilled at 11.30 am on Saturday at the latest.
7.5. If the food basket is part of the ordered goods, the conditions for sending the goods must be fulfilled at the latest two business days before the delivery date.
7.6. The Buyer acknowledges and agrees that the delivery time chosen by the buyer in the order is indicative and the actual delivery time of the goods to the buyer or recipient of the goods may vary.
7.7. The mode of transport is determined by the seller.
7.8. If the buyer is the recipient of the goods himself, the buyer is obliged to take delivery of the goods. If the buyer determines in a sales contract a different person as the recipient of the goods, the goods are deemed to have been delivered at the moment when the recipient receives the goods from the seller. Goods are also deemed to have been delivered at the time the recipient of the goods refuses to accept the goods. If the recipient of the goods is not found at the address stated in the sales contract and the seller fails to contact him by e-mail or by telephone (the buyer does not enter into the order a telephone contact to the recipient of the goods or the seller fails to contact the recipient by telephone), the seller will try to contact the buyer agree to deliver the goods. If the seller fails to contact the buyer by telephone or if the seller and the buyer do not agree to the delivery of the goods, the seller shall store the goods at the registered office or at the seller's branch and inform the buyer of the possibility of picking up the goods at the headquarters or branch, repeated delivery of goods to the buyer or recipient of the goods. Since the goods are subject to purchase, the buyer is required to collect such goods within 48 hours of receipt of the information from the seller about the failure of the addressee or refusal to accept the receipt from the recipient. In the event that, for reasons of the purchaser or recipient of the goods, the goods are to be delivered repeatedly or in a manner other than that stated in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively. costs associated with another delivery method.
7.9. The buyer or the recipient of the goods is obliged to confirm to the seller the receipt of the goods.
7.10. Upon receipt of the goods from the carrier, the buyer or the recipient of the goods is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without delay. In the event of a violation of the package indicating unauthorized entry into the consignment, the purchaser or recipient of the goods need not accept the consignment from the carrier.
7.11. Other parties' rights and obligations in the carriage of goods may alter the seller's special delivery terms when the seller is issued.
8. RIGHTS OF FAULT FULFILLMENT
8.1. The rights and obligations of the parties relating to the Seller's liability for defects are governed by the Seller's Complaints Procedure.
9. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
9.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
9.2. The seller is not bound by any codes of conduct in relation to the buyer in the sense of § 1826 (1) e) the Civil Code.
9.3. In the event that a consumer dispute arises between the seller and the buyer on the purchase contract, the buyer is entitled to file a petition for extrajudicial settlement of such a dispute with the Czech Trade Inspection Authority, Central Inspectorate - ADR Unit, Štěpánská 15, 120 00 Praha 2, email: adr @ coi.cz, http://adr.coi.cz/. The buyer can also use the online dispute resolution platform, which is set up at http://ec.europa.eu/consumers/odr/.
9.4. European Consumer Center Czech Republic, Štěpánská 567/15, 120 00 Praha 2, http://www.evropskyspotrebitel.cz is a contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the consumer disputes on-line and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Consumer Dispute Resolution Online Regulation).
9.5. The seller is authorized to sell the goods on the basis of a trade license. The trade license is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection exercises, among other things, the supervision of the observance of Act No. 634/1992 Coll., On Consumer Protection, as amended.
9.6. The buyer hereby takes on the risk of changing circumstances in accordance with Section 1765 (2) of the Civil Code.
10. PROTECTION OF PERSONAL DATA
10.1. Protection of the buyer's personal data, which is a natural person, is provided by Act No. 101/2000 Coll., On the Protection of Personal Data, as amended.
10.2. The buyer agrees to process these personal data: name and surname, address, email contact, identification number, tax identification number, e-mail address and telephone number (collectively referred to as "personal data").
10.3. The Buyer agrees to the processing of personal data by the Seller for the purpose of realizing the rights and obligations of the Purchase Agreement and for the purpose of maintaining the User Account. If the buyer does not choose another option, he agrees with the processing of personal data by the seller also for the purposes of sending information and commercial communications to the buyer. Consent to the processing of personal data in its entirety under this Article is not a condition that would in itself make it impossible to conclude a sales contract.
10.4. The Buyer notes that he is required to state his / her personal data (when registering, in his user account, when ordering from the web interface of the shop), to state correctly and truthfully and is obliged to inform the seller of any change in his / her personal data without undue delay.
10.5. By processing the buyer's personal data, the seller may assign a third party as processor. In addition to persons transporting goods, personal data will not be passed on to third parties by the seller without the buyer's prior consent.
10.6. Personal data will be processed for 10 years from the date of the last order. Personal data will be processed in electronic form in an automated manner or in a printed form in a non-automated manner.
10.7. The Buyer confirms that the personal data provided are accurate and that he has been advised that this is a voluntary provision of personal data.
10.8. In the event that the buyer believes that the seller or processor (Article 10.5) carries out processing of his or her personal data that is contrary to the protection of the buyer's private and personal life or contrary to law, in particular if personal data are inaccurate with respect to for the purpose of their processing, may:
10.8.1. ask the seller or processor for an explanation,
10.8.2. require the seller or processor to remove the resulting condition.
10.9. If the buyer asks for information about the processing of his personal data, the seller is required to pass on this information. Seller has the right to provide information under the previous clause to request reasonable compensation not exceeding the costs necessary to provide the information.
11. SENDING BUSINESS COMMUNICATIONS AND STORAGE COOKIES
11.1. The buyer agrees to send information related to the seller's goods, services or business to the buyer's electronic address and agrees to send the sales announcements to the buyer's electronic address.
11.2. Buyer agrees to store so-called cookies on his computer. If the purchase on the website is possible and the seller's obligations under the purchase contract are fulfilled without the so-called cookies being stored on the purchaser's computer, the buyer may withdraw the consent under the previous sentence at any time.
12.1. The buyer may be delivered to the email address listed in his user account or specified buyer in the order.
13. FINAL PROVISIONS
13.1. If a relationship based on a sales 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 legal regulations.
13.2. If any provision of the Terms of Business is invalid or ineffective, or if it occurs, instead of invalid clauses, a provision will be introduced to the extent that the purpose of the invalid clause is as close as possible. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions. Changes and additions to the sales contract or business terms require a written form.
13.3. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
13.4. The Attachment on Business Terms and Conditions is a sample withdrawal form from the sales contract.
13.5. Contact details of the seller: FLORA 24 s.r.o. delivery address, place of business Bryksova 761/42, postcode 19800, e-mail address firstname.lastname@example.org, phone +420 737 616 029.
businesspersonsFLORA 24 s.r.o., place of business Bryksova 761/42, postcode 19800, company ID: 05154715, VAT No .: CZ05154715,
to exercise the rights of defective performance when buying goods through an online store located at www.kup-kytici.cz
1. INTRODUCTORY PROVISIONS
1.1. The following rules of claim ("Complaint Rules") of entrepreneur FLORA 24 sro, place of business Bryksova 761/42, Prague 9, Postal Code 19800, Company ID: 05154715, Tax ID: CZ05154715 (hereinafter referred to as "Seller"), of the Act No. 634/1992 Coll., on Consumer Protection, as amended (hereafter referred to as the "Consumer Protection Act"), the seller's liability for defects of goods (hereinafter referred to as "the goods") purchased by another natural person (the "Buyer" via the internet shop of the seller operated on a web site located at www.kup-kytici.cz (hereinafter referred to as "business").
1.2. The Complaint Rules apply to goods in which the Buyer's rights are exercised by the Buyer against the Seller from liability for defects (hereinafter referred to as "Complaints").
1.3. The Complaint Rules do not apply to cases where a person who has purchased goods from a seller is a legal entity or person acting on the order of goods in the course of his business or in the course of his independent pursuit of his profession.
1.4. The seller may change or add the wording of the claim order. This provision is without prejudice to rights and obligations arising during the period of validity of the previous version of the Complaints Procedure.
2. SCOPE OF THE REQUEST
2.1. The Rights and Obligations of the Contracting Parties with respect to the rights of the claim (defective performance) are governed by the relevant generally binding provisions (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
2.2. The seller is responsible to the buyer for the goods to be free from defects. In particular, the seller replies to the buyer that at the time the buyer took over the goods:
2.2.1. the goods have characteristics that the parties have negotiated and, in the absence of an arrangement, possess such characteristics as the seller or the manufacturer has described or which the buyer expects with regard to the nature of the goods and the advertising they make,
2.2.2. the goods are fit for the purpose which the seller indicates or to which goods of this type are normally used,
2.2.3. the goods correspond to the quality or performance of the agreed sample or original if the quality or design has been determined on the basis of the agreed sample or original,
2.2.4. the goods are in the appropriate quantity, degree or weight and
2.2.5. goods comply with legal requirements.
2.3. Provisions referred to in Article 2.2. of the Rules of Claim shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed for the wear and tear of the goods caused by its normal use, for the used goods for a defect corresponding to the degree of wear or tear used by the goods upon takeover by the buyer from the nature of the goods.
2.4. If there is a defect within six months of the takeover, the goods are deemed to have been defective already at takeover.
3. CONDITIONS, METHOD AND PLACE OF APPLICATION OF THE REQUEST
3.1. The buyer is required to view the goods as soon as possible after the takeover, and to check the beings and quantities. In the event that the goods are delivered directly to the buyer, the goods are inspected by the buyer himself. If, on the basis of the information provided by the buyer in the Purchase Agreement, the goods are delivered to another person (hereinafter referred to as the "recipient of the goods"), the buyer is obliged to inspect the goods by the recipient of the goods. If goods are found to be damaged, the buyer / receiver of the goods is obliged to make a record of damage to the goods with the carrier and to immediately reclaim the goods. Complaints of other defects of goods that were not visible upon receipt of the goods must be applied immediately upon their disclosure in person at the address of the FLORA 24 sro office, the place of business Bryksova 761/42, Prague 9, postal code 19800 in the operating hours of the business every working day from 9:00 am to 3:00 pm or at the place of business of the FLORA 24 sro Bryksova 761/42, Prague 9, Postal Code 19800.
3.2. When selling consumer goods, the buyer is entitled to claim a claim within 24 months of receipt of the goods, but this may be longer than stated by the vendor's declaration in the warranty card.
3.3. The liability for defects does not apply to the normal wear and tear of the goods (or parts thereof) caused by use. A shorter service life in this case can not be considered a fault and can not be claimed as such.
3.4. The claim is entitled to claim by the buyer, who shall prove to the seller that he is entitled to make a claim, in particular a proof of purchase of the goods or warranty certificate (if issued by the seller).
3.5. Buyers must, when claiming a claim, communicate to the seller what specific claim they are claiming from the seller's liability for defects; this choice is bound by the buyer and is not allowed to change it subsequently.
3.6. The Buyer shall be obliged to submit to the Seller, together with the complaint, within the deadline for claiming according to Article 3.1. the complaint procedure of the goods claimed and the moment when the seller has received the goods claimed from the buyer is considered as the moment of claiming the claim by the buyer.
3.7. The Seller shall provide the Buyer with a written confirmation of the buyer's claim, the content of the claim, and the manner in which the Buyer claims the claim.
4. CREATION OF REPLACEMENT
4.1. The seller or his authorized representative decides on the claim immediately, in complex cases within three business days. This period does not include a reasonable time depending on the type of goods required for expert judgment of the defect. Claims, including the removal of a defect, must be settled without undue delay, no later than 30 days after the date of the claim, unless the seller and the buyer agree for a longer period.
4.2. The seller shall provide the buyer with a written acknowledgment of the date and manner of processing the claim, including the confirmation of the repair and the duration of the claim, or a written justification for the refusal of the claim.
4.3. In the event that the claim is found to be warranted by the seller, the buyer is entitled to:
in the event of a substantial breach of the Purchase Contract for the removal of the defect by supplying a new item without defect or delivery of the missing item, for the removal of the defect by repairing the item, for a reasonable discount from the purchase price, or withdrawing from the purchase contract,
in the case of a minor breach of the purchase contract for the removal of the defect, or a reasonable discount on the purchase price.
The other claims of the buyer resulting from applicable legal regulations are not thereby affected.
4.4. In the event that the purchaser is entitled to remove the defect on the basis of the claim by supplying a new item without defect or supplying the missing item and the same type of goods can not be delivered to the buyer, the seller will offer similar goods to the buyer at the same price range. In case the buyer does not give consent to the delivery of the similar goods, he is entitled to withdraw from the purchase contract.
4.5. The right to a defective performance of the buyer does not belong if the buyer knew before the takeover of the thing that the thing had a defect or caused a defect.
4.6. If the goods claim is found to be unjustified, the seller shall notify the buyer of this fact. In the case of a manifestly unjustified claim, the buyer is not entitled to the refund of his costs associated with the handling of the claim and, at the same time, the seller is not entitled to reimbursement of the costs incurred on his part (unless the buyer has been a misuse of the right, such as a repeated manifestly unreasonable claim ).
4.7. The Buyer is obliged to collect the goods at the Seller immediately after receiving the information that the claim has been processed, regardless of whether the claim has been solicited as justified or unauthorized. At the latest, the buyer is required to collect the claimed goods on the 30th day after the date of the claim. If the buyer fails to collect the claimed goods within the above mentioned period, the seller is entitled to sell or dispose of the claimed goods at the Buyer's expense. In the case of sale, the seller is entitled to deduct the cost of the storage of the goods claimed and the cost of the sale.
5. FINAL PROVISIONS
5.1. If a relationship based on a sales 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 legal regulations.
5.2. If any clause in the Claim Rules is invalid or ineffective, or becomes invalid, instead of invalid clauses, a clause will go into the closest possible approximation to the invalid clause. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions. Changes and additions to the Complaint Order require written form.
DEPOSIT FORM FROM THE BUYER'S CONTRACT
the form can be found here
- You can find the online complaint form here