These General Terms and Conditions shall be governed by the following Purchasing Regulations and apply to contracts concluded through the online store located at www.succulents-exotics.eu by
Petr Mitiska
Reg. No.:
Březinova 895, 54401 Dvůr Králové n/L
Czech Republic
Telephone:+420 723 316 791
E-mail: info@succulents-exotics.eu
and the Consumer (Buyer).
1. Placing Your Order
1.1 If the Buyer fills in their email address correctly when placing the Order, a copy of the Order will be delivered to that email address as a confirmation of the Order being entered into the store’s ordering system.
1.2. When the first Order is placed, the Buyer will also be sent a login and a password for any further purchases in the online store, checking the Order and the status of its processing. For customers who do not wish to register, there is an Instant Checkout option (no registration required).
1.3. If the Buyer does not receive a copy of the Order to the email address provided, the Order was probably not completed correctly. In this case, please contact us.
1.4. The minimum amount of the purchase of plants (without shipping and handling fees) is 10 EUR.
2. User Account
2.1. Based on the Buyer’s registration made on the website, the Buyer can access their user interface. The Buyer can order Goods from his/her user interface (“User Account”). If the web interface of the store allows it, the Buyer can also order Goods without registration directly from the web interface of the store.
2.2. When registering on the website and when ordering Goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the data in the User Account in case of any change. The data provided by the Buyer in the User Account and when ordering the Goods shall be considered correct by the Seller.
2.3. Access to the User Account is secured with a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his/her User Account.
2.4. The Seller may cancel the User Account, especially if the Buyer does not use his/her User Account for more than 3 years or if the Buyer violates his/her obligations under the Sales Contract (including the General Terms and Conditions).
2.5. The Buyer acknowledges that the User Account may not be available continuously, especially with regard to the necessary maintenance of the Seller’s hardware and software, or the necessary maintenance of hardware and software of third parties.
3. Conclusion of the Sales Contract
3.1. All and any presentation of Goods placed in the web interface of the online store is informative and the Seller is not obliged to conclude a Sales Contract regarding these Goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.
3.2. The web interface of the online store contains information about the Goods, including the prices of individual Goods. The prices of the Goods shall be inclusive of all related charges and shall be final. We are not VAT payers. The prices of the Goods shall remain applicable for as long as they are displayed in the web interface of the online store. This provision shall not restrict the Seller’s ability to conclude the Sales Contract on individually agreed terms.
3.3. The completion of all mandatory data in the order form shall be a pre-condition for the validity of the Order.
3.4.The contractual relationship between the Seller and the Buyer shall be established by delivery of the acceptance of the Order (the “Acceptance”), which shall be sent by the Seller to the Buyer by electronic mail to the Buyer’s electronic mail address. The Buyer shall confirm the binding nature of his/her Order, agree to the terms and conditions and confirm his/her legal capacity. The Buyer shall be notified of these terms and conditions in good time in advance before placing the Order and have the opportunity to familiarise himself/herself with them. These General Terms and Conditions shall form an integral part of the concluded contract.
3.5. Depending on the nature of the Order (quantity of Goods, amount of the purchase price, estimated shipping costs), the Seller shall always be entitled to ask the Buyer for additional order confirmation (for example, in writing or by phone).
3.6. If any of the requirements specified in the Order cannot be fulfilled, the Seller shall send the Buyer an amended offer to the Buyer’s email address indicating the possible variants of the Order and requesting the Buyer’s opinion.
3.7. The amended offer shall be considered a new proposal of the Sales Contract and the Sales Contract shall only be concluded in this case after acceptance by the Buyer via email.
3.8. The Buyer agrees to the use of remote means of communication such as the interface of the online store, email or telephone order when concluding the Sales Contract.
4. Terms of Payment
4.1. The price of the Goods and any costs associated with the delivery of the Goods under the Sales Contract can be paid by the Buyer to the Seller in the following ways:
4.1.1 PayPal
4.1.2. Online card payment via ComGate gateway.
4.2.Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the Goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the Goods.
5. Withdrawal from the Sales Contract and out-of-court dispute resolution.
5.1. When concluding a Sales Contract through remote communication, the Buyer shall have the right to withdraw from the Sales Contract without giving any reason within 14 days of receipt of the Goods.
5.2. If the subject of the Sales Contract is several types of Goods or the delivery of several parts, the time limit specified above shall run from the date of acceptance of the last delivery of Goods.
5.3. Within 14 days, the Buyer is required to deliver a notice of withdrawal to the Seller and send the Goods back within this period.
5.4.The Buyer can exercise the right of withdrawal by sending the Goods to the Seller at his/her own expense to the Seller’s business or registered address via a Shipping Service together with the notice of withdrawal.
5.5. We recommend sending the Goods insured and using registered mail (not cash on delivery), as we are not responsible for any loss of the Goods while on their way to our place. Goods sent COD will not be accepted and will be returned.
5.6. When exercising the right of withdrawal, the Goods should be returned undamaged, packed in their original packaging without any signs of use, including all accessories.
5.7. If all of the above conditions for the return of Goods are met, payment for the Goods will be sent to the Buyer in the same manner as the Seller received them from the Buyer and not before the receipt of the returned Goods.
5.8. The Buyer shall bear the costs of returning the Goods to the Seller, even if the Goods cannot be returned due to their nature by the usual postal route.
5.9. The Seller is entitled to unilaterally set off the claim for payment for damage to the Goods against the Buyer’s claim for reimbursement of the purchase price.
5.10. The Seller is entitled to withdraw from the Sales Contract at any time until the Goods are accepted by the Buyer. In such case, the Seller shall refund the Sales Price to the Buyer without undue delay, which shall be done by crediting the account designated by the Buyer via a wire transfer.
5.11. Any disputes between the Seller and the Buyer may also be settled out of court. In such a case, the Buyer who is a consumer may contact an out-of-court dispute resolution body, such as the Czech Trade Inspection Authority. More information about out-of-court dispute resolution, including a form to file a complaint, can be found at www.coi.cz. To speed up the handling, we recommend the Buyer contact the Seller directly first.
6. Delivery of Goods & Shipping
6.1. We always ship Goods every Tuesday to ensure delivery no later than Friday. Distribution is exclusively by mail order. Plants are sent packed in a cardboard box and secured against spillage and movement. The deadline for Orders shall be Sunday. Orders received or paid for after this date will be processed the following week on Monday.
6.2. Once the Goods are shipped, they are fully in the hands of the Shipping Service. As we are not responsible for the way the Shipping Service handles the Goods, it is in the customer’s interest to inspect the Goods upon receipt under the supervision of a Shipping Service employee. If the Buyer encounters damaged Goods or an incomplete Order, the Shipping Service is obliged to write a record of the contents of the shipment with the Buyer. Any other claim option may not be accepted by the Shipping Service.
6.3. If the method of shipping is agreed upon based on a special request of the Buyer, the Buyer shall bear the risk and any additional costs associated with this method of shipping.
6.4. If for reasons on the part of the Buyer, it is necessary to deliver the Goods repeatedly or in a different way than specified in the Order, the Buyer is obliged to pay the costs associated with the repeated delivery of Goods / a different method of delivery.
7.Order cancellation
7.1. Order cancellation by the Buyer
The Order can be cancelled by phone or email if the Order has been accepted and the Goods have not been shipped. In the event of a later cancellation of the Order, the Seller shall be entitled to compensation for damages, in particular for the proven costs associated with the shipping of the Goods.
7.2. Cancellation of the Order by the Seller
The operator of the online store shall have the right to cancel the Order if the ordered Goods do not reach the value of 10 EUR excl. shipping and handling costs. Orders below this limit will be automatically cancelled.
8. Complaints
8.1. Complaints can be made only for Goods purchased from the Seller and within the warranty period.
8.2. In the case of a claim, a copy of the invoice or other proof of purchase must be attached.
8.3. We recommend sending the Goods insured and using registered mail (not cash on delivery) as we are not responsible for any loss of the Goods while on their way to our place. Goods sent COD will not be accepted and will be returned.
8.4. Complaints, including the removal of defects, shall be settled within 30 days from the date of the complaint unless both Parties agree on a longer period.
8.5. The Seller shall identify the complaint as unjustified if: .
8.5.1. The defect was caused by improper use and care of the Goods or by force majeure or if it results from the nature of the Goods. .
8.6. No replacement shall be requested if Goods have been sold at a lower price. Instead, the Buyer may request a reasonable discount. The right to a reasonable discount on the purchase price shall belong to the Buyer if the right to withdraw from the contract or to replace defective Goods is not chosen.
9. Personal data protection and purpose of processing
9.1. The protection of personal data of the Buyer, who is an individual, is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended.
9.2. The Buyer agrees to the processing of the following personal data: Name and surname, address of the place of residence, bank account number, company registration number, VAT number, email address, telephone number and (hereinafter collectively referred to as “Personal Data”).
9.3. The Buyer agrees to the processing of personal data by the Seller to exercise the rights and obligations under the Sales Contract and to maintain the User Account. Unless the Buyer chooses another option, the Buyer agrees to the processing of personal data by the Seller and also to the sendingof information and commercial communications to the Buyer. Consent to the processing of personal data in its entirety under this Article shall not be a condition that would in itself prevent the conclusion of a Sales Contract.
9.4. The Buyer acknowledges that he/she is obliged to provide his/her personal data (during registration / in his/her User Account / when placing an Order from the web interface of the online store) correctly and truthfully and that he/she is obliged to inform the Seller without undue delay about any change in his/her personal data.
9.5. The Seller may entrust a third party as a processor to process the Buyer’s personal data. Apart from the persons shipping the Goods, personal data will not be passed on to third parties by the Seller without the prior consent of the Buyer.
9.6. Personal data will be processed for an indefinite time. Personal data will be processed in electronic form in an automated manner and/or in paper form in a non-automated manner.
9.7. The Buyer confirms that the personal data provided is accurate and that he/she has been informed that this is a voluntary provision of personal data.
10. Sending commercial communications
10.1. The Buyer agrees to receive information related to the Seller’s Goods, services or business as well as commercial communications from the Seller at the Buyer’s email address.
11. Final Provisions
11.1. If the relationship established by the Sales Contract contains an international (foreign) element, the Parties agree that the relationship shall be governed by Czech law. This is without prejudice to the consumer’s rights under generally binding legislation.
11.2. Handling complaints
11.2.1. We handle any complaint via our contact email.
11.3. Seller’s contact details: :
Mailing address: Petr Mitiska, Březinova 895, 54401 Dvůr Králové nad Labem, Czech Republic:
E-mail address: info@succulents-exotics.eu :
Telephone: +420 723 316 791
These General Terms and Conditions shall apply from 10 March 2017 until revoked or until new General Terms and Conditions have been issued.