of Miracle Plants s.r.o. business company
with its registered office at Václavské náměstí 808/66, 110 00 Prague 1 - Nové Město
company identification number: 07800835
registered in the Commercial Register kept by the Municipal Court in Prague, Section C, File 307832
for the sale of goods through the online store located at www.miracle-plants.cz.
1. INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) of Miracle Plants s.r.o., registered office at Václavské náměstí 808/66, 110 00 Prague 1 - Nové Město, Czech Republic, identification number: 07800835, registered in the Commercial Register kept by the Municipal Court in Prague C, File 307832 (hereinafter referred to as the “Seller”) governs mutual rights and obligations of contractual parties in accordance with the provisions of paragraph 1751 section 1 of Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter referred to as the “Civil Code”) of the parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as the "purchase contract") concluded between the seller and another natural person (hereinafter referred to as the "Buyer") through the seller's online store. The Seller operates the online store on the website located at www.miracle-plants.cz (hereinafter referred to as the “Website”) through the website interface (hereinafter referred to as the “Web Interface of the Store”).
1.2. The Trade terms do not apply to cases where a person who intends to purchase goods from the Seller is a legal entity or a person who acts when ordering goods in the course of his / her business activity or within his / her independent profession.
1.3. Provisions deviating from the Trade terms can be agreed in the purchase contract. Divergent provisions in the sales contract shall take precedence over the provisions of the Trade terms.
1.4. The provisions of the Trade terms form an integral part of the purchase contract. The purchase contract and the trade terms are written in Czech. The purchase contract can be concluded in Czech. Goods may only be delivered to the territories of the countries listed in the list at https://www.miracle-plants.cz/en/s/zeme.
1.5. The Buyer acknowledges that he is responsible for handling the goods offered in this e-shop in accordance with applicable legislation. The Seller shall not be liable for any breach of this provision by the Buyer.
1.6. The Seller may change or supplement the wording of the Trade terms. This provision shall not affect the rights and obligations arising during the effective date of the previous version of the Trade terms.
2. USER ACCOUNT
2.1. Based on the buyer's registration on the website, the buyer can access his user interface. From its user interface the buyer can order goods (hereinafter referred to as "user account"). The buyer can also order goods without registration directly from the web interface of the shop.
2.2. When registering on the website and ordering goods, the buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the data entered in the user account upon any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
2.3. Access to the user account is secured by a user name and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
2.4. The Buyer is not entitled to allow the use of the user account by third parties.
2.5. The seller may cancel the user account, especially if the buyer has not used his user account for more than 3 years or if the buyer breaches his obligations under the purchase contract (including terms and conditions).
2.6. The Buyer acknowledges that the user account may not be available at all times, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller, or necessary maintenance of third party hardware and software respectively.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. All presentation of the goods placed in the web interface of the shop is of informative character and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of paragraph 1732 section 2 of the Civil Code shall not apply.
3.2. The web interface of the store contains information about the goods, including the prices of individual goods and the cost of returning the goods, if these goods cannot by their nature be returned by the normal postal route. Prices of goods include VAT and all related fees. The prices of the goods remain valid as long as they are displayed in the shop's web interface. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated conditions.
3.3. The web interface also contains information about the costs associated with packaging and delivery. Information on the costs associated with the packaging and delivery of goods stated in the web interface of the shop applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.4. To order goods, the buyer fills in the order form in the web interface of the shop. The order form contains information about:
3.4.1. ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the shop),
3.4.2. the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
3.4.3. information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").
If the price is stated to be obvious that it is a mistake in writing and numbers, the price is not binding and the purchase contract is not concluded.
3.5. Before sending the order to the seller, the buyer is allowed to check and change the data entered into the order by the buyer, also with regard to the buyer's ability to detect and correct errors arising when entering data into the order. The Buyer will send the order to the Seller by clicking on the "Finish Order" button. The Seller shall confirm the receipt to the Buyer by e-mail immediately upon receipt of the order to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the “buyer's e-mail address”).
3.6. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (eg., in writing or by telephone).
3.7. The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by e-mail to the Buyer's e-mail address.
3.8. The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the Buyer when using the means of distance communication in connection with the conclusion of the purchase contract (Internet connection costs, telephone costs) shall be borne by the Buyer, which costs do not differ from the standard rate.
4. PRICE OF GOODS AND PAYMENT CONDITIONS
4.1. The price of the goods and any costs associated with the delivery of goods according to the purchase contract may be paid by the buyer to the seller in the following ways:
- bank transfer to Seller's account no. 1387544735/2700, kept in CZK with UniCredit Bank Czech Republic and Slovakia, a.s. ("Seller's Account")
- cash on delivery (COD) through the shipping companies.
4.2. Together with the purchase price, the buyer is obliged to pay to the seller also the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly 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 other similar payment. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price in advance.
4.4. In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is due within 10 days of the conclusion of the purchase contract.
4.5. In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller's account.
4.6. The Seller is entitled, especially if the Buyer does not provide additional confirmation of the order (Article 3.6), to request payment of the entire purchase price before sending the goods to the Buyer. The provisions of paragraph 2119 section 1 of the Civil Code shall not apply.
4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined.
4.8. If it is usual in the business relations or if so stipulated by generally binding legal regulations, the Seller shall issue to the Buyer a tax document - invoice regarding payments made under the purchase contract. The seller is not a payer of value added tax. The tax document - invoice is issued by the seller to the buyer after payment of the price of the goods and sent in electronic form to the buyer's e-mail address.
4.9. Pursuant to the Act on Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received revenue with the tax administrator online; in the event of a technical failure, no later than 48 hours.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Buyer acknowledges that under the provisions of paragraph 1837 of the Civil Code, it is not possible to withdraw from the Purchase Contract for the supply of goods, which was modified according to the Buyer's wish or for himself, from the Purchase Contract on the supply of perishable goods, which has been irrevocably mixed with other goods after delivery, from a contract for the supply of sealed goods which the consumer has removed from the package and cannot be returned for hygiene reasons, and from a contract for the delivery of audio or video recordings or computer programs if their original packaging has been broken.
5.2. If this is not the case referred to in Article 5.1 of the Terms and Conditions or any other case where the purchase contract cannot be withdrawn, the buyer has the right to withdraw from the purchase contract in accordance with paragraph 1829 section 1 of the Civil Code within fourteen (14 ) days from receipt of the goods, and if the purchase contract is for several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the contract of sale must be sent to the seller within the period specified in the previous sentence. Withdrawal from the Purchase Agreement may be sent by the Buyer to, inter alia, the Seller's premises or the Seller's e-mail address firstname.lastname@example.org.
5.3. In case of withdrawal from the purchase contract according to Article 5.2 of the Terms and Conditions, the purchase contract is canceled from the beginning. The goods must be returned to the Seller by the Buyer within fourteen (14) days from the delivery of the 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 its nature by normal mail.
5.4. In case of withdrawal from the Purchase Agreement pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Purchaser within fourteen (14) days from the withdrawal from the Purchase Agreement by the Buyer in the same manner as the Seller accepted them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer upon returning the goods by the Buyer or otherwise, if the Buyer agrees and does not incur additional costs to the Buyer. If the buyer withdraws from the contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that the goods have been sent to the seller.
5.5. The Seller is entitled to unilaterally set off the claim for compensation of damage incurred to the Goods against the Buyer's claim for refund of the purchase price.
5.6. In cases where the Buyer has the right to withdraw from the Purchase Agreement in accordance with paragraph 1829 section 1 of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement at any time until the Buyer accepts the goods. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, by cashless transfer to the account specified by the Buyer.
5.7. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the provison that if the buyer withdraws from the purchase contract, the gift contract for such a gift ceases to be effective and the buyer is obliged to return the provided gift together with the goods to the seller.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. If the mode of transport is negotiated on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
6.2. If the Seller is obliged under the Purchase contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery.
6.3. In the event that due to reasons on the Buyer's side it is necessary to deliver the goods repeatedly or in any other way than specified in the order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods ор costs associated with other delivery methods, respectively.
6.4. When receiving the goods from the carrier, the buyer is obliged to check the integrity of the packaging of goods and in case of any defects notify the carrier immediately. In the event of a violation of the packaging, which indicates unauthorized entry into the shipment, the buyer does not have to take the shipment from the carrier.
6.5. Other rights and obligations of the parties in the carriage of goods may be governed by special delivery conditions of the seller, if issued by the seller.
7. RIGHTS OF DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties in respect of rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of paragraphs 1914 to 1925, paragraphs 2099 to 2117 and paragraphs 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll. on Consumer Protection, as amended).
7.2. The Seller is responsible to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer has received the goods:
7.2.1. the goods have properties agreed upon by the parties and, in the absence of an agreement, those properties described by the seller or the manufacturer or expected by the buyer with regard to the nature of the goods and the advertising they carry out,
7.2.2. the goods are fit for the purpose stated by the seller or for which goods of this kind are usually used,
7.2.3. the goods correspond to the quality or design agreed upon in the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
7.2.4. the goods are of an appropriate quantity, measure or weight, and
7.2.5. the goods comply with legal requirements of the Seller's home country.
7.3. The provisions referred to in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear of the goods caused by its normal use, which goods the buyer had at takeover by the buyer or if it results from the nature of the goods.
7.4. If the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective at the time of receipt. The buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt.
7.5. Rights from defective performance shall be exercised by the Buyer at the Seller's address, where acceptance of the complaint is possible with respect to the assortment of goods sold, possibly also at the registered office or place of business.
7.6. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaints procedure.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of paragraph 1826 section 1 letter e) of the Civil Code.
8.3. Consumer complaints are handled by the Seller via the electronic address email@example.com. The Seller shall send information about the settlement of the Buyer's complaint to the Buyer's electronic address.
8.4. The Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, Internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at https://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the sales contract.
8.5. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: https://www.evropskyspotrebitel.cz is the contact point pursuant to Regulation of the European Parliament and of the Council (EU) No. 524/2013 of May 21, 2013 on online consumer dispute resolution and amending regulation (EC) No. 2006/2004 and Directive No. 2009/22/EC (Online Consumer Dispute Resolution Regulation).
8.6. The seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the appropriate trade licensing office. Supervision of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
8.7. The Buyer hereby assumes the risk of changing circumstances within the meaning of paragraph 1765 section 2 of the Civil Code.
9. PROTECTION OF PERSONAL DATA
9.1. The Seller processes the Buyer's personal data. More information about such processing can be found at https://www.miracle-plants.cz/en/s/gdpr .
10. FINAL PROVISIONS
10.1. If the relationship established by the purchase agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law.
10.2. By choosing the law under this Article of the Trade terms, the consumer shall not be deprived of the protection afforded by provisions of the law which cannot be contractually derogated and which would otherwise apply under the provisions of Article 6 section 1 of the Regulation of the European Parliament and Council (EC) No. 593/2008 of June 17, 2008 on the law applicable to contractual obligations (Rome I).
10.3. If any provision of the Trade terms is invalid or ineffective, or becomes so, a provision whose meaning is as close as possible to the invalid provision shall replace the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
10.4. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
10.5. Seller's contact details: delivery address Václavské náměstí 808/66, 110 00 Praha 1 - Nové Město, e-mail address firstname.lastname@example.org, telephone +420 224 904 304.
In Prague on 4.9.2019
Ing. Karel Kraus, MBA
Miracle Plants s.r.o.