TERMS AND CONDITIONS – KANABIGEROL CARE Ltd (CZ)
I. Initial provisions
- These general Terms and Conditions (hereinafter only referred to as Terms and Conditions) comply with Section 1751 et seq., Act no. 89/2012 Sb., Civil Code (hereinafter only referred to as Civil Code)
- ZONER s.r.o., Company Identification Number: 35 770 929, with its registered office in Bratislava, Jaskový rad 5, 831 01 Bratislava, entered in the Commercial Register kept by the District Court Bratislava I., Section Sro, File No. 19487 / B (hereinafter the Seller)
- These Terms and Conditions specify the mutual rights and obligations of the Seller and the natural person concluding a Contract of Purchase outside of their business activities as a Consumer or within their business activities as the Buyer (hereinafter the Buyer) via a web interface at the following webpage www.kanabigerol.com (hereinafter the E-shop).
- All the provisions herein form an integral part of the contract of purchase. Any provisions set forth in the contract of purchase differing from the Terms and Conditions herein prevail.
- These Terms and the Contract of Purchase are concluded in Czech and English languages.
II. Information on goods and prices
- Information regarding the goods including their prices and key product information are listed by specific goods in the E-shop catalogue. The price for goods includes value added tax, all related levies and cost of goods return if such goods cannot be due to their nature returned via regular mail. The prices are valid for the period of time as displayed on the E-shop. This provision does not exclude the option of a separately negotiated Contract of Purchase under specific conditions.
- All presentation of goods in the E-shop catalogue is of informative nature and the Seller is not obliged to conclude any Contract of Purchase for such goods.
- The E-shop publishes information regarding any costs related to goods packaging and delivery. Information on goods packaging and delivery as set forth on the website applies only to goods delivered within the Czech Republic.
- No discounts from the goods price may be combined unless specifically agreed to otherwise between the Seller and the Buyer.
III. Order and Contract of Purchase
- Any costs incurred by the Buyer when using means of remote communication to conclude the Contract of Purchase (internet connection costs, phone call costs) are paid exclusively by the Buyer. These costs are not different from the basic rate.
- The Buyer may place the order as follows:
- Using the customer account upon prior registration in the E-shop;
- By filling in the order form without registration.
- When entering the order, the Buyer selects the goods, the quantity of goods, the method of payment and delivery.
- Before the order is sent, the Buyer may check and change the data entered in the order. The Buyer sends the order by clicking on Send the order button. The order data are considered correct by the Seller. The order is only valid if all mandatory data in the order form are filled in and the Buyer confirms having read these Terms and Conditions.
- Upon receiving the order, the Seller shall notify the Buyer without any delay that the order has been received in a confirmation sent to the e-mail address given by the Buyer in the order. This confirmation is automatic and is not considered the conclusion of a contract. The Seller’s current Terms and Conditions are attached to the confirmation. The Contract of Purchase is concluded when the Seller accepts the order. An order acceptance notification is delivered to the Buyer’s e-mail address. / Upon receiving the order, the Seller shall notify the Buyer without any delay that the order has been received in a confirmation sent to the e-mail address given by the Buyer in the order. This confirmation is considered the conclusion of a Contract. The Seller’s current Terms and Conditions are attached to the confirmation. The Contract of Purchase is concluded when the Seller sends the order confirmation to the Buyer’s e-mail address.
- If any of the requirements in the order cannot be met, the Seller will send a modified order to the Buyer’s e-mail address. The modified order is considered a new draft Contract of Purchase and this Contract of Purchase is then concluded by the confirmation of the Buyer accepting such offer sent to the Seller to the Seller’s e-mail address listed in these Terms and Conditions.
- All orders accepted by the Seller are deemed binding. The Buyer may cancel the order before the Seller sends the order acceptance notification. The Buyer may cancel the order by phone at the telephone number or by e-mail at the e-mail address listed respectively herein.
- In case of an evident technical error on the Seller’s side when listing the price in the E-shop or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer for the evidently wrong price even if the Buyer was sent the automatic confirmation that the order had been received under these Terms and Conditions. The Seller shall inform the Buyer with no undue delay about the error and shall send a modified offer to the Buyer’s e-mail address. The modified quotation is considered to be a new draft Contract of Purchase and the Contract of Purchase is concluded by an order acceptance confirmation sent by the Buyer to the Seller’s e-mail address.
IV. Customer account
- Following the Buyer’s registration in the E-shop, the Buyer can access their customer account where orders for goods can be placed. Orders can also be placed without registration.
- When registering the customer account and placing orders, the Buyer must enter true and correct data. The Buyer is also obliged to update the data upon any change. The Seller considers all data entered in the customer account and data filled in when placing an order correct.
- The customer account can only be accessed under a user name and a password. The Buyer must maintain the access information to its customer account confidential. The Buyer bears no responsibility for any eventual misuse of customer accounts by any third party.
- The Buyer must not let any third parties use its customer account.
- The Seller may cancel a customer account, in particular if the Buyer has not been using the account for a longer period of time or if the Buyer is in breach with its obligations implied by a contract of purchase or these Terms and Conditions.
- The Buyer understands that the customer account does not have to be available 24/7 given the necessary maintenance of the Seller’s hardware and software or any necessary hardware and software equipment of third parties.
V. Payment terms and delivery of goods
- The price for goods and any eventual costs linked to the delivery of goods as per the Contract of Purchase may be paid by the Buyer as follows:
- Cashless transfer to the Seller’s bank account no. 01387920745 / 2700
- Cash on delivery upon goods receipt
- Payment card via a payment gateway on the website
- In cash or by a payment card if the goods are received in person at the Zásilkovna parcel shop
- Together with the price for goods, the Buyer must settle any costs of packaging and delivery in the agreed amount. Unless explicitly stipulated otherwise, the purchase price hereinafter includes also the cost of delivery.
- In case of cash payments, the purchase price is due upon goods receipt. In case of cashless payments, the purchase price is due within 14 days from the date the Contract of Purchase is concluded.
- In case of any payments via a payment gateway, the Buyer shall proceed according to the instructions of the respective provider of electronic payment.[S16]
- In case of cashless payment, the Buyer’s commitment to settle the purchase price is met at the moment when the respective amount is credited to the Seller’s bank account.
- The Seller does not request any advances or similar payments from the Buyer. If the purchase price is settled before the goods are shipped, it is not considered an advance payment.
- Under the Act on registration of sales, the Seller is obliged to issue a receipt to the Buyer. The Seller is also obliged to register the received revenue in the online tax administration system immediately or, in case of a technical failure, within 48 hours at the latest.
- The goods are delivered to the Buyer:
- to the address defined by the Buyer in the order
- via a parcel delivery service to the address of a parcel shop defined by the Buyer.
- The delivery method is selected when placing the order.
- The cost of goods transport depends on the method of shipment and goods receipt; it is listed in the Buyer’s order and the Seller’s order confirmation. If the transport method is specifically arranged following the Buyer’s special requirement, the Buyer bears the risk and any eventual additional costs related to such transport.
- If the Seller is obliged to deliver the goods to the address defined by the Buyer, the Buyer is obliged to take over the goods on delivery. If, for reasons on the Buyer’s side, the goods have to be delivered repeatedly or using a different delivery method other than the one agreed to on the order, the Buyer is obliged to settle the costs related to a repeated delivery of goods or any costs linked to a different method of delivery.
- Upon receipt of goods from the transport provider, the Buyer is obliged to check the intactness of packaging and report any damage immediately to the transport provider. If the damaged packaging seems to show unauthorized opening of the parcel, the Buyer does not have to take over the parcel from the transport provider.
- The Seller shall issue a tax voucher – an invoice to the Buyer. The tax voucher is sent to the Buyer’s e-mail address./The tax voucher is enclosed to the delivered goods.
- The Buyer acquire the right to the goods by paying the full price of the goods, including delivery costs, but no earlier than by goods receipt. Any responsibility for accidental damage, destruction or loss of goods is transferred to the Buyer at the moment of goods receipt or at the moment when the Buyer should have been obliged to take over the goods but did not do so in violation of the Contract of Purchase.
VI. Withdrawal from the Contract
- The Buyer who has concluded the Contract of Purchase outside of its business activities as a Consumer has the right to withdraw from the purchase contract.
- The withdrawal period is 14 days
- from the goods receipt date,
- from the receipt of the last delivery of goods, if the contract is concluded for several kinds of goods or for partial deliveries,
- from the receipt of the first delivery of goods, if the contract is concluded for regular repeated deliveries of goods.
- Among others, the Buyer cannot withdraw from the contract of purchase:
- for services if such services were fulfilled with the Buyer’s prior explicit consent before the withdrawal period expired and if the Seller informed the Buyer before the contract was concluded that in this case the withdrawal period did not apply,
- for goods or services the price of which depends on fluctuations of the financial market independent on the Seller’s will that may take place during the withdrawal period,
- for delivery of alcoholic beverages that may be delivered after 30 days, the price of which depends on fluctuations on the financial market independent on the Seller’s will,
- for delivery of goods that have been customized according to the Buyer’s wishes or for the Buyer,
- for delivery of perishable goods or goods that have been mixed up irrecoverably with other goods after delivery,
- for delivery of goods in airtight containers that the Buyer took out of the container and that cannot be returned for reasons of health,
- for delivery of sound or image recordings or computer software, if their original packaging was opened,
- for delivery of newspapers, magazines or periodicals,
- for delivery of digital contents, if not delivered on physical storage media and if delivered with a prior explicit consent of the Buyer before the withdrawal period expired and if the Seller informed the Buyer before concluding the contract that the right to withdrawal did not apply in this case,
- in all other cases listed in Section 1837 Civil Code.
- In order to comply with the withdrawal period, the Buyer must send the withdrawal notice within the withdrawal period.
- The Buyer may use the standard withdrawal form provided by the Seller to withdraw from the contract. The Buyer shall send the withdrawal notice to the Seller’s e-mail or postal address set forth in these Terms and Conditions. The Seller shall confirm the acceptance of the form with no undue delay.
- Having withdrawn from the contract, the Buyer must return the goods to the Seller within 14 days from the withdrawal. The Buyer bears the costs related to the return of goods to the Seller, this applies even if the goods cannot be, because of their nature, returned by way of regular mail.
- If the Buyer withdraws from the contract, the Seller shall return immediately, however no later than within 14 days from the withdrawal, all financial funds including the cost of delivery received from the Buyer, using the same payment method. The Seller shall return the received funds using a different payment method only if the Buyer agrees to it and no further costs are incurred.
- If the Buyer selects other than the cheapest method of goods delivery offered by the Seller, the Seller shall return to the Buyer the costs corresponding to the least expensive method of goods delivery.
- If the Buyer withdraws from the contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer hands over the goods or proves that the goods have been shipped back to the Seller.
- The Buyer must return the goods intact, unused and uncontaminated, in their original packaging if possible. The Seller is entitled to offset any claims for compensation of damage against the Buyer’s claim to have the purchase price returned.
- The Seller is entitled to withdraw from the Contract of Purchase if the stock is exhausted, the goods are not available or if the producer, importer or supplier of goods interrupted their production or import of goods. The Seller shall inform the Buyer without any undue delay at the e-mail addressed filled in the order and shall return all financial funds including the costs of delivery received from the Buyer to the Buyer within 14 days from the withdrawal from the contract using the same payment method or using a method defined by the Buyer.
VII. Rights incurred in case of defective performance
- The Seller bears the responsibility towards the Buyer that the goods show no defects at the time of receipt, in particular that at the time when the Buyer receives the goods, they:
- show the qualities as agreed by the parties and, should there be no agreement, the goods show the qualities that the Seller or producer described or that the Buyer expected given the nature of the goods and the respective publicity,
- are suitable for the purpose of use claimed by the Seller or for a standard use that the goods of this kind are usually used for,
- comply in quality or execution to the agreed sample or template, if the quality or execution was determined according to an agreed sample or template,
- correspond to the required quantity, rate or weight and comply with legal regulations.
- The Seller bears responsibility for defective performance at least in the same scope as a manufacturer. Otherwise, the Buyer is entitled to exercise the right for compensation of defects of consumer goods within twenty-four months from their receipt.
- If there is an expiration period marked on the goods sold, their packaging, user instructions enclosed to the goods or any advertisement under other legal regulations, the provisions on warranty of quality apply. Under the warranty of quality, the Seller undertakes that the goods shall be fit to the standard purpose of use or shall keep its general qualities. Should the Buyer legitimately claim the goods are defective, the period during which a claim on defective performance can be filed and the warranty period are suspended for the period during which the Buyer cannot use the defective goods.
- The provisions set forth in the preceding paragraph shall not apply for goods sold for a discounted price due to a defect for which the discounted price was negotiated for; also, they do not apply in case of standard wear and tear of the goods caused by their standard use, in case of used goods for any defect corresponding to the wear and tear at the receipt by the Buyer or given by the nature of the goods. The Buyer is not entitled to any claims for defective performance if the Buyer was informed about the defect prior to goods receipt or if the defect was caused by the Buyer itself.
- In case of a defect of goods, the Buyer may claim the defective goods at the Seller and request:
- replacement with new goods,
- repair of goods,
- adequate discount from the purchase price,
- withdrawal from the contract.
- The Buyer is entitled to withdraw from the contract in case of:
- a major defect,
- repetitive occurrence of defect(s) after repair preventing the Buyer from a regular use of the goods,
- multiple defects of the goods.
- A serious breach of the contract is such a breach of contract whereby the contracting party in breach of the contract has known or must have known already at the time when the contract was concluded that the other party would have not concluded the contract if such a breach was anticipated.
- In case of a defect that represents a minor breach of the contract (regardless whether or not the defect can or cannot be repaired), the Buyer is entitled to have the defect repaired or to obtain an adequate discount from the purchase price.
- If a repairable defect re-occurred after the repair was completed (as a rule, a third claim for the same defect or fourth for different ones) or if the goods show multiple defects (as a rule, at least three defects at the same time), the Buyer is entitled to claim a discount from the purchase price, goods replacement or withdrawal from the contract.
- When lodging the claim, the Buyer is obliged to notify the Seller which claim option was selected. It is possible to change the selected option without the Seller’s consent only if the Buyer requested the goods to be repaired and the defect is irreparable. If the Buyer does not select its right to claim a major breach of the contract in time, the Buyer has the same rights as in case of a minor breach of contract.
- If it is not possible to repair or replace the goods, the Buyer can withdraw from the contract and request the purchase price to be returned in full.
- If the Seller proves that the Buyer knew about the defect of the goods prior to goods receipt or that the Buyer has caused the defect itself, the Seller does not have to satisfy the Buyer’s claim.
- The Buyer cannot claim discounted goods for the reasons the goods were subject to discount.
- The Seller is obliged to accept a claim at any of its facilities where claims can be accepted, even in the Seller’s place of business or headquarters. The Seller is obliged to issue a written confirmation to the Buyer that the Buyer’s claim has been filed including the claim description and the option to resolve the claim selected by the Buyer, together with the date and claim settlement option, including a confirmation on the repairs done and the period of repair, or a written justification why the claim was rejected if applicable.
- The Seller or a person delegated by the Seller shall issue a decision concerning the claim immediately, or within three working days in case of a more complex issue. This period does not include any period corresponding to the type of product or service required for an expert assessment of the defect. The claim including the repair must be handled with no undue delay, no later than 30 days from the claim filing date, unless the Seller agrees with the Buyer on a longer period. Should this period expire in vain, it is considered a major breach of contract and the Buyer is entitled to withdraw from the contract. The filing date of a claim is considered to be the moment when the Buyer declares its intention to claim the goods defect to the Seller (to exercise the Buyer’s right resulting from defective performance).
- The Seller shall inform the Buyer in writing about the outcomes of the claim procedure.
- The Buyer is not entitled to claim the right resulting from defective performance if the Buyer knew prior to goods receipt that the goods were defective or if the Buyer has caused the defect itself.
- In case of a justified claim, the Buyer is entitled to have any effectively spent expenses related to the claim made compensated. This right can be exercised at the Seller’s for a period ending one month after the warranty period expires, failing which the court does not have to recognize the right.
- The claim settlement option is selected by the Buyer.
- Any rights and obligations of contracting parties regarding the right resulting from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 Civil Code and Act no. 634/1992 Sb., on consumer protection.
- Further rights and obligations of contracting parties related to the Seller’s responsibility for defects are governed by the Seller’s Claims Resolution Rules.
- The contracting parties may deliver all written communication to each other via electronic mail.
- The Buyer delivers all communication to the Seller to the Seller’s e-mail address listed in these terms and conditions. The Seller delivers all communication to the Buyer to the Buyer’s e-mail address filled in its customer account or in the order.
IX. Personal data
- All information that you provide to us during our cooperation are considered confidential and shall be treated as such. Unless you provide us with a written consent, we will not use your data in any other way than to fulfil the contracted performance; this does not apply to your e-mail address to which we can send commercial communications as this is allowed by the law, unless you explicitly reject it. These commercial communications may only refer to similar or related goods and you can opt out of receiving them any time in a simple way (by sending a letter, an-email or by clicking at a link in the commercial communication itself). The e-mail address will be kept to this purpose for 3 years from the last contract concluded between the contracting parties.
X. Out-of-court settlement of disputes
- Any out-of-court settlement of consumer disputes resulting from contracts of purchase are dealt with by the respective Czech Trade Inspection (Česká obchodní inspekce) seated at Štěpánská 567/15, 120 00 Praha 2, Company ID: 000 20 869, website https://adr.coi.cz/cs. It is possible to use the online dispute settlement platform (http://ec.europa.eu/consumers/odr) to settle any disputes between the Seller and the Buyer resulting from a contract of purchase.
- The European Consumer Centre Czech Republic (Evropské spotřebitelské centrum Česká republika) seated at Štěpánská 567/15, 120 00 Praha 2, website http://www.evropskyspotrebitel.cz is the contact point under the Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/ECE (Regulation on consumer ODR).
- The Seller is entitled to sell the goods under a trade licence. Trade inspections are carried out by the respective Trade Licensing Office within the scope of its activities. The Czech Trade Inspection performs, among others, supervision on the abidance by the Act no. 634/1992 Sb., on consumer protection, as specified.
XI. Final provisions
- All stipulations between the Seller and the Buyer are governed by Czech laws. In case of an international element in the contractual relationship, the contracting parties have agreed that the relationship is governed by Czech laws. This does not affect the consumer rights resulting from generally binding legal regulations.
- The Seller is not bound by any Code of Ethics in terms of the provisions of Section 1826 (1)(e) Civil Code in the relationship towards the Buyer.
- All rights to the Seller’s website, and in particular all copyright to its content including the website layout, photographs, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is forbidden to copy, adjust or use the website or its part in any way without the Seller’s consent.
- The Seller bears no responsibility for any faults generated by a third party’s intervention into the e-shop or in consequence of its use in conflict with its purpose. When using the e-shop, the Buyer must not apply any procedure that could negatively influence its operations and must not perform any activities that could allow the Buyer or any third party to perform any unauthorized interference with or unauthorized use of software or other parts of the e-shop and thus use the e-shop or its parts or software in a way that would be in conflict with the e-shop’s purpose or design.
- The Buyer hereby takes over the risk of change in circumstances in terms of Section 1765 (2) Civil Code.
- The Contract of Purchase including the Terms and Conditions is archived by the Seller in an electronic format and is not accessible.
- The Seller may change or amend the wording of the Terms and Conditions. This does not affect the rights and obligations incurred during the effective period of the prior Terms and Conditions.
- A standard withdrawal form is attached to these Terms and Conditions.
These Terms and Conditions come into effect on 1 May 2021