Company: Ing. Lukáš Běhal
Based at: U kanálky 1455/12, 120 00 Praha 2
Company ID No.: 03962377
The company is registered in the Commercial Register at the Municipal Court in Prague, File No. C 239869,
to sell goods online via the internet address at www.cannafest.com
1. INTRODUCTORY PROVISIONS
1.1. These business terms and conditions (hereinafter referred to as ‘the Business Conditions’) of the company Ing. Lukáš Běhal, based at U kanálky 1455/12, 120 00 Praha 2, ID Number: 03962377, registered in the Commercial Register at the Municipal Court in Prague, File No. C 239869 (hereinafter referred to as ‘the Seller’) govern mutual rights and obligations of the contracting parties originating from the purchase contract (hereinafter referred to as ‘the Purchase Contract’) between the Seller and another natural person (hereinafter referred to as ‘the Buyer’) via the Seller’s e-shop, pursuant to the provisions of Section 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as ‘the Civil Code’). The e-shop is run by the Seller on the website on the internet address www.cannafest.com (‘the Website’) via the website interface (‘the Shop’s Website Interface’).
1.2. The Business Conditions do not apply to cases when a person with intention to buy the goods from the Seller is a legal person or a person ordering the goods in the course of their business activity or in the course of practice of their independent profession.
1.3. Provisions derogating from the Business Conditions can be specified in the Purchase Contract. The derogating provisions specified in the Purchase Contract shall prevail over the provisions of the Business Conditions.
1.4. The provisions of the Business Conditions are integral part of the Purchase Contract. The Purchase Contract and the Business Conditions are in the English language. The Purchase Contract may be concluded in the English language.
1.5. The Business Conditions may be amended the Seller. This provision does not affect the rights and obligation which originated while the previous Business Conditions were effective.
2. USER ACCOUNT
2.1. Based on his registration on the website, the Buyer may access his user interface, where he may place orders for goods or services (hereinafter referred to as ‘User Account’). If it is possible the Buyer may also place orders for goods or services directly on the The Shop’s Website Interface without prior registration.
2.2. When registering on the website or placing an order for goods or services the Buyer is obliged to fill in all the required details correctly and truly. The Buyer is also obliged to update these details if they change. The details provided by the Buyer in the User Account or in an order for goods or services are regarded correct. If the Buyer provides details of a legal person (company, identification number or tax ID number) the Seller regards the Buyer’s activities as activities on behalf of this legal person and the Seller will therefore regard this legal person as the Buyer according to these Business Conditions.
2.3. The access to the User account is secured by a user name and a password. The Buyer is obliged to keep the data to access his User Account confidential and the Buyer understands that the Seller may not be held responsible if the Buyer breaches this obligation.
2.4. The Buyer is not entitled to provide access to the User Account to third persons.
2.5. The Seller may cancel a User Account if such has not been used for more than one year or if the Buyer breaches his obligations stipulated in the contract (including the Business Conditions).
2.6. The Buyer understands that the User Account may not be available permanently, with regard to the necessary hardware and software maintenance of the Seller’s or third persons’ equipment.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. The products are presented at the Shop’s Website Interface for informational purposes only and the Seller is not obliged to conclude the Purchase Contract concerning these products. The provisions of the Section 1732 paragraph 2 of the Civil Code shall not apply.
3.2. The Shop’s Website Interface provides information on products, including their prices. The product prices include the value added tax and other related fees. The product prices remain valid for the time they are displayed on the Shop’s Website Interface. This provision does not limit the Seller’s option to conclude the Purchase Contract under specifically negotiated conditions.
3.3. The Shop’s Website Interface also provides information on costs related to packaging and delivery of products. The information on costs related to packaging and delivery of products provided on the Shop’s Website Interface is valid only for deliveries within the Czech Republic.
3.4. To place an order the Buyer shall fill in an order form at the Shop’s Website Interface. The order form includes information mainly related to:
3.4.1. the ordered products (the Buyer ‘places’ the ordered products into the electronic shopping basket at the Shop’s Website Interface),
3.4.2. payment methods, details on required means of delivery of the ordered products and
3.4.3. information on costs related to delivery of the products (together hereinafter referred to as ‘the Order’).
3.5. Before sending the Order to the Seller, the Buyer can check and change the details of the Order, with the possibility to find and correct mistakes made while filling the Order. The Buyer sends the Order to the Seller by clicking on the ‘Confirm Order’ button. The Seller then regards the data provided in the Order as correct. The Seller informs the Buyer of the receipt of the Order without undue delay via e-mail at the Buyer’s electronic address provided by the Buyer at the user interface or in the Order (hereinafter referred to as ‘the Buyer’s Email Address’).
3.6. The Seller is always entitled to ask the Buyer for a subsequent confirmation of the Order (in writing or by telephone) depending on the character of the Order (the volume of goods, the purchase price or anticipated transportation costs).
3.7. The contractual relationship between the Seller and the Buyer originates when the Buyer receives the Order receipt confirmation (acceptance) sent by the Seller via e-mail to the Buyer’s Email Address.
3.8. The Buyer agrees with using long distance means of communication to conclude the Purchase Contract. The costs incurred by the Buyer in using long distance means of communication in relation to conclusion of the Purchase Contract (internet connection costs, phone call costs) are covered by the Buyer, and these costs are not different from standard rates.
4. THE PRICE OF GOODS AND PAYMENT CONDITIONS
4.1. The price of goods and any costs associated with the delivery of goods according to the Purchase Contract may be paid by the Buyer to the Seller by the following methods:
• in cash on delivery, at the place specified by the Buyer when making an order;
• cashless using PayPal payment system;
• cashless using PaySec payment system;
4.2. Together with the product price the Buyer is also obliged to pay the costs associated with the packaging and delivery as agreed. Unless explicitly stated otherwise the purchase price also includes the costs associated with the delivery of goods.
4.3. The Seller does not require the Buyer to pay a deposit or another similar kind of payment. This does not affect the provision of article 4.6 of the Business Conditions regarding the obligation to pay the purchase price of goods in advance.
4.4. When paying in cash or cash on delivery the purchase price is payable at the moment of receipt of goods. In case of cashless payment method the purchase price is payable within 7 days after the conclusion of the Purchase Contract.
4.5. When making cashless payments the Buyer is obliged to include the variable symbol of the payment. When making cashless payment the Buyer’s obligation to pay the purchase price is fulfilled by the moment the Seller’s Bank Account is credited with the appropriate sum.
4.6. The Seller is entitled to require that full payment shall be made before sending the goods to the Buyer, in particular when the Buyer does not confirm the Order subsequently (Article 3.6). The provisions of Section 2119 paragraph 1) of the Civil Code shall not apply.
4.7. Any discounts provided by the Seller may not be combined.
4.8. If it is customary in business relations or stipulated by generally binding legislation, the Seller shall provide the Buyer with an invoice for payments made under the Purchase Contract. The Seller is a value added tax payer. The invoice shall be issued by the Seller after the payment for goods and sent to the Buyer’s Email Address.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Buyer is aware of the fact that, pursuant to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw, among other things, from the Purchase Contract concerning delivery of the following types of goods: those which have been altered upon the Buyer’s request or for his person, non-durable goods, or goods which have been mixed with other goods after delivery, goods delivered in sealed packaging which have been removed from the packaging by the Buyer and it is not possible to return them from the health and hygiene reasons, sound or visual recordings or computer programmes if their original packaging has been damaged.
5.2. If the goods do not fall in the category of goods stipulated in article 5.1 or category of other cases in which the withdrawal from the Purchase Contract is not possible, the Buyer has the right to withdraw from the Purchase Contract pursuant to the provisions of Section 1829 paragraph 1) within 14 day from the receipt of goods. If the subject of the Purchase Contract is more items or delivery of several parts, the 14-day period runs from the date of receipt of the last delivery. The request for withdrawal from the Purchase Contract must be sent to the Seller within the period mentioned in the previous sentence. To withdraw from the Purchase Contract the Buyer may use the withdrawal form provided by the Seller annexed to the Business Conditions. The Buyer may send the withdrawal from the Purchase Contract to, among other things, the Seller’s postal address or email address email@example.com.
5.3. In case of withdrawal from the Purchase Contract in line with the article 5.2 of the Business Conditions the Purchase Contract is cancelled. The goods must be returned to the Seller within fourteen (14) days from the withdrawal from the Contract. If the Buyer withdraws from the Purchase Contract he or she bears the costs of returning the goods to the Seller, even in the case when the goods may not be returned by post due to their unusual character.
5.4. In case of withdrawal from the Purchase Contract in line with the article 5.2 of the Business Conditions the Seller shall reimburse the Buyer within fourteen (14) days from the withdrawal of the Purchase Contract initiated by the Buyer. The reimbursement shall be made in the same way the payment has been received. The Seller is also entitled to reimburse the Buyer upon receiving the returned goods or in any other way if the Buyer agrees and if the Buyer bears no further costs related to such procedure. If the Buyer withdraws from the Purchase Contract the Seller is not obliged to reimburse him or her before receiving the returned items or proof that the items have been sent back.
5.5. The Seller’s claim for damage caused to the goods may be unilaterally offset against the Buyer’s purchase price reimbursement claim.
5.6. The Seller is entitled to withdraw from the Purchase Contract any time before the Buyer receives the goods. In this case the Seller shall refund the purchase price to the Buyer without undue delay by a bank transfer to the Buyer’s bank account.
5.7. The consumer is aware of the fact that when gifts are part of delivery, the donation contract between Ing. Lukáš Běhal and the Buyer is concluded with the condition that if the Buyer withdraws from the Purchase Contract the donation contract shall cease to apply and the Buyer is obliged to return the gift and all he or she has been enriched with together with the goods. If these items are not returned, it shall be regarded as unjust enrichment of the consumer. If the subject of unjust enrichment cannot be returned, Ing. Lukáš Běhal is entitled to receive a financial compensation equal to a standard price of the subject.
6. TRANSPORT AND DELIVERY
6.1. In case special transport arrangements have been required by the Buyer, the Buyer bears the risks and any additional costs associated with such transport arrangements.
6.2. If it is stipulated in the Purchase Contract that the Seller is obliged to deliver the goods to a place specified by the Buyer in the Order, the Buyer is obliged to collect the goods at the time of delivery.
6.3. If the goods must be delivered repeatedly or in any other way than stated in the Order and this is caused by the Buyer, the Buyer is obliged to cover the costs associated with the repeated delivery of the goods or costs associated with another way of delivery.
6.4. At the time of delivery the Buyer is obliged to check the packaging for any visible damage. Any defects must be reported to the haulier. If the packaging is damaged suggesting unauthorized violation of the package, the Buyer is not obliged to accept the goods.
6.5. Further rights and obligations of the parties regarding the transport of goods may be governed by specific delivery conditions if such are issued by the Seller.
7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
7.1. The rights and duties of the contracting parties regarding the rights arising from the defective performance is governed by relevant legislation (in particular provisions of Sections 1914-1925, Sections 2099-2117 and Sections 2162-2174 of the Civil Code)
7.2. The Seller guarantees that the goods have no defects at the time of delivery. In particular the Seller guarantees that at the time of delivery the goods:
7.2.1. have the qualities agreed upon by the parties and if there has been no prior agreement, the goods have the qualities described by the Seller or expected by the Buyer with regard to the character of the goods or the way the goods were presented,
7.2.2. are fit for the purpose presented by Seller or purpose such goods are usually used for,
7.2.3. correspond in quality or design with a sample product if quality or design was determined according to a sample product,
7.2.4. arrive in the correct amount, measure and weight, and
7.2.5. comply with the legislation requirements.
7.3. The provisions of article 7.2 of the Business Conditions shall not apply to a defect of a product sold at lower price when the lower price was introduced due to this defect, to wear and tear of goods caused by their usual use or to a defect of a used product corresponding to regular wear and tear which the product had at the time of delivery or if it results from the nature of the product.
7.4. If a defect appears within six months after delivery the product is regarded as having been faulty already at the time of delivery.
7.5. The Buyer shall exercise his or her rights arising from the defective performance at the Seller’s address (Cannafest s.r.o., Italská 6, 120 00 Praha 2), where the complaints may be received with regard to the range of goods. The complaint is regarded as submitted the moment the Seller receives the goods in question from the Buyer.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The Buyer acquires the ownership of goods by paying the total purchase price of the goods.
8.2. In relation to the Buyer, the Seller is not bound by any codes of conduct pursuant to provisions of Section 1826, paragraph 1) letter e) of the Civil code.
8.3. The seller administers out-of-court settlement of consumer complaints via email address firstname.lastname@example.org. The Seller shall send the information on complaint settlement to the Buyer’s Email Address.
8.4. The Seller is entitled to sell goods based on the trade licence. The business and trade activities are supervised by the Trade Licensing Office (živnostenský úřad) within its sphere of competence. Personal data protection monitoring is carried out by the Data Protection Authority. The Czech Trade Inspection Authority supervises within a defined scope, among other things, the compliance with the Consumer Protection Act No. 634/1992 Coll., as amended.
8.5. The Buyer hereby assumes the risk of change in circumstances under the Section 1765, paragraph 2) of the Civil Code.
9. PERSONAL DATA PROTECTION
9.1. The personal data protection of the Buyer, who is a natural person, is provided by the Personal Data Protection Act No. 101/2000, as amended.
9.2. The Buyer agrees with processing of the following personal data: name and surname, address, ID number, tax ID number, email address and phone number (hereinafter referred to as ‘the Personal Data’)
9.3. The Buyer agrees that the Seller shall process his or her Personal Data for the purposes of exercise of rights and obligations arising from the Purchase Contract and for the purposes of the user account administration. Unless otherwise decided by the Buyer, he or she agrees that the Seller may use the Personal Data for sending information and commercial messages. Consent to processing the Personal Data in the entirety of this Article is not a condition, which would make the conclusion of the Purchase Order impossible.
9.4. The Buyer is aware of the fact that he or she is obliged to provide correct Personal Data when placing an Order at the Shop’s Website Interface and that he or she is obliged to notify the Seller of any changes in Personal Data without undue delay.
9.5. The Seller may authorize a third party, a processor, to process the Buyer’s Personal Data. Besides the persons transporting the goods, no other persons will have access to the Buyer’s Personal Data without his or her prior permission.
9.6. The Personal Data will be processed for an indefinite period of time. They will be processed electronically in an automatic manner or in print in a non-automatic manner.
9.7. The Buyer confirms that the Personal Data he or she provided are correct and that he or she was informed that the Personal Data provision is voluntary.
9.8. If the Buyer assumes that the Seller or the processor (Art. 9.5) process his or her Personal Data in conflict with the legislation or the protection of private and personal life, in particular if the Personal Data are inaccurate with regard to the purpose of its processing, the Buyer may:
9.8.1. ask the Seller or the processor for explanation,
9.8.2. demand that the Seller or the processor remedy the situation.
9.9. If the Buyer requires information about his or her Personal Data processing, the Seller is obliged to provide such information. For provision of such information the Seller in entitled to receive a reasonable compensation, not higher than the costs of provision of such information.
9.10. By placing an order the Buyer declares he was properly and sufficiently in advanced informed about all the above-mentioned facts and rights before the order was placed and the contract concluded.
10. SENDING COMMERCIAL MESSAGES AND SAVING COOKIES
10.1. The Buyer agrees the Seller will send him or her information related to the goods, services or the Seller’s business activity to the Buyer’s Email Address. The Buyer also agrees the Seller will send him or her commercial messages to the same email address.
10.2. The Buyer agrees with saving cookies in his or her computer. If it is possible to shop online and fulfil the Buyer’s obligation arising from the Purchase Contract without saving cookies in the Buyer’s computer, the Buyer may, at any time, withdraw his or her consent under the previous sentence.
11.1. The Buyer may be contacted via email address he or she provided in the User Account or when placing the Order unless agreed otherwise in advanced.
12. FINAL PROVISIONS
12.1. If the relation originated from the Purchase Contract contains and international element, then the contracting parties agree to comply with the Czech legislation. This does not affect the consumer rights resulting from generally binding legislation.
12.2. The Seller is entitled to sell goods based on his trade licence and his activity is not subject to other permissions. The Buyer may submit any complaints to the Seller. If the complaint has not been solved successfully, the potential disputes will be dealt with by a competent court. Trade and business is inspected by a competent Trade Licensing Office (živnostenský úřad). The Buyer may also contact the Czech Trade Inspection Authority (Česká obchodní inspekce).
12.3. If any of the provisions of the Business Conditions is invalid or ineffective or becomes such, a similar provision shall replace the invalid provisions. The invalidity of one provision does not affect the validity of other provisions. Amendments to the Purchase Contract or the Business Conditions must be made in writing.
12.4. The Purchase Contract including the Business Conditions is archived by the Seller in an electronic form and is not publicly accessible.
12.5. The contractual relationship between the Buyer and the Seller is concluded for a period defined by proper performance of the contractual parties in line with the contract provisions. Unless stipulated otherwise in particular cases by concluded contracts or these Business Conditions, the contractual parties are not entitled to cancel the contract before its full performance.
12.6. The contract will be filed by the Seller, who will provide the Buyer with its copy if asked to do so. The form for the withdrawal from the Purchase Contract is annexed to the Business Conditions.
12.7. The provisions of generally binding legislation governing consumer rights, in particular the Civil Code and Act No. 634/1992 Coll., On Consumer Protection as amended, are not affected by these Business Conditions.
12.8. The Seller’s contact details: Ing. Lukáš Běhal, U kanálky 1455/12, 120 00 Praha 2, e-mail address: email@example.com, phone No. +420 604 234 546.
12.9. The Czech Trade Inspection Authority handles out-of-court settlement of consumer disputes concerning goods and services offered, sold, provided or intermediated by the Seller. The authority‘s website is www.coi.cz. To solve their disputes online the consumers may also use a European Commission platform at http://ec.europa.eu/consumers/odr/
In Prague, on 2nd May 2016.