Business Terms and Conditions of
Phyto CZ, s.r.o.
Dukelská brána 4361/5,
796 01 Prostějov
ID No: 262 29 021
registered in the Commercial Register kept by the Regional Court in Brno, Section C, Insert 38571
for the sale of goods through an on-line shop located at the website: www.phyto.cz
- These Business Terms and Conditions (hereinafter referred to the „Business Terms and Conditions“ or only the “BTC”) of the business company: Phyto CZ, s.r.o., with its registered office at Dukelská brána 4361/5, 79601 Prostějov, identification number: 262 29 021, tax identification number CZ 262 29 021, registered in the Commercial Register kept by the Regional Court in Brno, Section C, Insert 38571, tel. No. 00420 582 334 321, e-mail: email@example.com (hereinafter referred to the „Seller“) regulate, in accordance with the Czech law, namely the provisions of Sec. 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to the „Civil Code”), mutual rights and obligations of the contracting parties arising from or in connection to purchase contracts (hereinafter referred to the „Purchase Contract“) concluded between the Seller and another natural person (hereinafter referred to the „Buyer“) through the Seller’s on-line shop. The on-line shop is operated by the Seller on a website located at the web address www.phyto.cz (hereinafter referred to the „website“), through the website interface (hereinafter referred to the „shop’s web interface“).
- Provisions deviating from the BTC can be agreed in the Purchase Contract. Any deviating provisions in the Purchase Contract shall take precedence over the provisions hereof.
- The provisions of the BTC form an integral part of the Purchase Contract. The BTC are drawn in English. The Purchase Contract may be concluded in English or in the Czech language.
- The wording of the BTC may be changed or supplemented by the Seller. This provision has no effect on the rights and obligations arising during the effectiveness period of the previous version of the BTC.
2) User account
- Based on the Buyer’s registration into the Loyalty Program through the website, the Buyer may access his/her user interface. Using his/her user interface, the Buyer may order goods (hereinafter referred to the “user account”). The Buyer may also order goods without registration directly from the shop’s web interface.
- When registering on the website and when ordering goods, the Buyer is obliged to state all data correctly and truthfully. In the event of any change, the Buyer is obliged to update the data specified in the user account. The data provided by the Buyer in the user account and when ordering goods shall be deemed correct by the Seller.
- Access to the user account is secured by username (e-mail) and password. The Buyer is obliged to keep the information necessary to access his/her user account confidential.
- The Buyer is not authorized to allow the use of his/her user account by any third parties.
- The Buyer acknowledges that the user account may not be available continuously, namely with regard to the necessary maintenance of the Seller’s hardware and software, or the necessary maintenance of third party hardware and software.
3) Purchase Contract Conclusion
- The shop’s web interface contains information on the goods, including the prices of individual goods. The prices of goods are listed including the value added tax 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 hereof does not limit the Seller’s freedom to conclude a Purchase Contract under individually agreed conditions.
- The shop’s web interface also contains information on the costs associated with the goods packaging and delivery. The information on costs associated with the goods packaging and delivery provided in the shop’s web interface is valid only for the country of delivery selected by the customer.
- To order the goods, the Buyer fills in the purchase order form in the shop’s web interface. The purchase order form contains namely information about:
- the goods being ordered (the Buyer “puts in” the goods being ordered into an electronic shopping cart at the shop’s web interface),
- the payment method of the purchase price of the goods, information on the demanded means of delivery of the ordered goods, country of delivery and
- information on the costs associated with the goods delivery (hereinafter collectively referred to the “purchase order”).
- Before the purchase order sending to the Seller, the Buyer has the possibility to check and change the data entered by the Buyer into the purchase order, also with regard to the Buyer’s possibility to find and correct errors made when entering data into the purchase order. The Buyer sends the purchase order to the Seller by clicking on the “FINISH ORDER” button. The data provided in the purchase order are deemed correct by the Seller. Immediately after the purchase order receiving, the Seller will electronically confirm its receipt to the Buyer, to the Buyer’s e-mail address specified in the user interface or in the purchase order (hereinafter referred to the “Buyer’s e-mail address”). The Seller is authorized to reject a purchase order that fails to fulfill the essential requirements and does not contain the necessary data, or to return it to the Buyer for completion and give the Buyer a reasonable period of time to do so. Upon futile expiry of the aforementioned period the purchase order shall be deemed never delivered.
- Depending on the nature of the purchase order (goods quantity, purchase price, estimated shipping costs), the Seller shall always be authorized to ask the Buyer for an additional confirmation of the purchase order (for example, in writing or by phone).
- The contractual relationship between the Seller and the Buyer is formed as of the moment of the purchase order acceptance delivery (acceptance), which shall be sent by the Seller to the Buyer by e-mail, to the Buyer’s e-mail address.
- The Buyer agrees with the use of remote communication means for the Purchase Contract conclusion. The costs incurred by the Buyer when using the remote communication means in connection with the Purchase Contract conclusion (costs of internet connection, costs of phone calls) shall be borne by the Buyer himself/herself, whereat these costs shall not differ from the basic rates.
4) Price of the goods and payment terms
- The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract, may be paid by the Buyer to the Seller as follows:
- in cash (to the carrier) as cash on delivery at the place specified by the Buyer in the purchase order (valid only for delivery countries Czech Republic, Slovakia and Poland);
- by bank transfer to the Seller’s account specified in order confirmation (hereinafter the “Seller’s account”);
- by a cashless payment card, we accept MasterCard International, Visa International and Diners Club International cards, enabling its holder to make cashless payments for goods and services in the public Internet data network environment.
- Along with the purchase price, the Buyer is obliged to pay to the Seller also the costs associated with the goods packaging and delivery, in the agreed upon amount. Unless expressly stated otherwise, the purchase price also means the costs associated with the goods delivery.
- The Seller does not demand any advance payment or any other similar payment from the Buyer. This does not affect the provisions of Article 4 of the BTC regarding the obligation to pay the purchase price of the goods in advance.
- In the case of payment in cash or cash on delivery, the purchase price is payable upon the goods take over. In the case of a cashless payment, the purchase price is payable within 2 days from the Purchase Contract conclusion.
- In the case of a cashless payment, the Buyer is obliged to state the variable symbol when paying the purchase price of the goods. In the case of a cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller’s account.
- The Seller is authorized, namely if the Buyer does not provide an additional confirmation of the purchase order (Article 6), to demand payment of the full purchase price before sending the goods to the Buyer. The provisions of Sec. 2119(1) of the Civil Code shall not be applicable.
- Any discounts on the price of the goods provided by the Seller to the Buyer cannot be combined with each other.
- If customary in the business relations or if so stipulated by the generally binding legal regulations, the Seller will issue a tax document – an invoice to the Buyer for the payments made under the Purchase Contract. The Seller is a value added tax payer.
5) Withdrawal from the Purchase Contract
- The Buyer acknowledges that according to the provisions of Sec. 1837 of the Civil Code, it is not possible to withdraw from a purchase contract for the delivery of goods, which were modified according to the Buyer’s wishes or for the Buyer personally, from a purchase contract for the delivery of perishable goods and goods, which were irretrievably mixed with other goods after delivery, from a purchase contract for the delivery of goods in a sealed package, which have been taken out of the package by the consumer and can no longer be returned. The Seller has no legal obligation to accept a withdrawal from the Contract by the Buyer without giving a reason within 14 days in the case of individually modified goods. The Seller handles such cases individually and reserves the right to decide about the solution with a final effect.
- Unless it is a case referred to in Article 5 (point no. 1) or another case, in which it is not possible to withdraw from a purchase contract, the Buyer has the right to withdraw from the Purchase Contract in accordance with the provisions of Sec. 1829(1) of the Civil Code, within fourteen (14) days from the goods take over, and in the event that the subject of the Purchase Contract includes several types of goods or a delivery of several parts, this period starts as of the day of the last delivery of the goods take over. The withdrawal from the Purchase Contract must be sent to the Seller within the period specified in the previous sentence. The Buyer may send the withdrawal from the Purchase Contract to the address of the Seller’s registered office or to the Seller’s e-mail address firstname.lastname@example.org.
- In the event of withdrawal from the Purchase Contract according to point 2 of this Article hereof, the Purchase Contract is canceled from the beginning. The goods must be returned to the Seller within fourteen (14) days from the withdrawal from the Contract. Should the Buyer withdraw from the Purchase Contract, the Buyer shall bear the costs associated with the goods returning to the Seller, even if the goods, due to their nature, cannot be returned by regular mail.
- In the event of withdrawal from the Purchase Contract according to point 2 of this Article hereof, the Seller shall return the funds received from the Buyer within fourteen (14) days from the withdrawal from the Purchase Contract by the Buyer, to the Buyer’s bank account or in a manner agreed upon in advance. The Seller is also entitled to return the funds provided by the Buyer already when the goods are being returned by the Buyer or in another way, if approved by the Buyer and if no additional costs are thus incurred by the Buyer. Should the Buyer withdraw from the Purchase Contract, the Seller shall not be obliged to return the received funds to the Buyer before the Buyer returns the goods or proves that he/she has sent the goods to the Seller.
- The Seller is entitled to unilaterally set off the claim for compensation of damages caused to the goods with the Buyer’s right to the purchase price refunding.
- The Seller is entitled to withdraw from the Purchase Contract at any time, until the goods take over by the Buyer. In such a case, the Seller will return the purchase price to the Buyer without any undue delay, by a bank transfer to the account designated by the Buyer.
- If a gift is provided to the Buyer together with the goods, a gift contract between the Seller and the Buyer is concluded with the condition subsequent 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 also the given gift.
6) Purchase Order Cancellation
- The Buyer can terminate, cancel respectively, a purchase order without giving a reason before the purchase order processing. The cancellation can be made either by phone at 00420 582 334 321 or by e-mail at email@example.com
- If a purchase order is canceled by the Seller, the Buyer will be notified by e-mail, to the address stated in his/her purchase order or registration, or by phone, at the number stated in his/her purchase order or registration. In such case, the parties shall discuss and agree the next steps.
- Should the Buyer fail to take over the ordered goods without a prior cancellation of the purchase order accepted by the Seller, the Buyer shall bear all costs incurred by the purchase order processing and the goods delivery. This shall have no effect on the consumer’s right not to take over the goods due to a conflict with the Purchase Contract.
7) Conflict with the Purchase Contract
- The Seller is liable to the Buyer for the fact that the goods being sold are in accordance with the Purchase Contract when being taken over by the Buyer, in particular that the goods comply with the purchase order and that the goods are free of any defects, have the properties agreed upon by the parties and if such agreement is missing, that the goods have such properties, as described by the Seller or the manufacturer or as expected by the Buyer with regard to the nature of the goods and based on their advertising, and that the goods are of the appropriate quantity, scope and quality. A conflict with a purchase contract means that an item is not in accordance with a purchase contract upon its take over by the Buyer.
- In the event that the goods are not in accordance with the Purchase Contract upon their take over by the Buyer, the Seller is obliged to return the goods into a condition corresponding to the Purchase Contract without any undue delay, according to the Buyer’s request either by repairing or replacing the goods. Should the aforementioned be impossible, the Buyer may demand a reasonable discount or may withdraw from the Contract.
8) Transport and Delivery of the Goods
- The delivery time of the ordered goods is usually from 1 to 3 working days from the Purchase Contract conclusion, i.e. from a binding confirmation of the purchase order by the Seller and the entire amount for the goods crediting to the Seller’s account (in case of a cashless payment by a bank transfer). The delivery time depends on the selected means of delivery and payment terms. The Seller reserves the right to extend the delivery time. In such a case, the Seller undertakes to immediately inform the Buyer of the change in the delivery time of the goods.
- If the mode of transport is agreed upon based on the Buyer’s special request, the Buyer bears the risk and any additional costs associated with such mode of transport.
- If, based on the Purchase Contract, the Seller is obliged to deliver the goods to a place specified by the Buyer in a purchase order, the Buyer is obliged to take over the goods upon delivery.
- If, for reasons on the Buyer’s side, it is necessary to deliver the goods repeatedly or in another way than stated in the purchase order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods.
- Upon the goods receipt from the carrier, the Buyer is obliged to check the integrity of the goods packaging. Should the Buyer find any mechanical damage to the packaging, he/she shall check the condition of the goods and, in the event of any damage, draw up a record of damage, which shall be signed together by the Buyer and the carrier’s representative. The carrier is liable for any damage occurring during the goods transport to the Buyer. If damaged packaging indicating an unauthorized penetration into the consignment is discovered, the Buyer is not obliged to take the consignment over from the carrier.
- Other rights and obligations of the parties relating to the goods transport may be governed by the Seller’s special delivery conditions, if any.
9) Sending Business Messages and Storing Cookies
- The Buyer agrees to receive information relating to the Seller’s goods, services or companies to the Buyer’s electronic address and the Buyer further agrees to receive commercial communications sent by the Seller to the Buyer’s electronic address.
- The Buyer agrees to the storing of the so-called cookies on the Buyer’s computer. If the purchase on the website and the fulfillment of the Seller’s obligations under the Purchase Contract are possible without the so-called cookies storing on the Buyer’s computer, the Buyer may revoke the consent under the previous sentence at any time.
10) Other Rights and Obligations of the Contracting Parties
- The Buyer acquires the title to the goods by payment of the full purchase price of the goods.
- In relation to the Buyer, the Seller is not bound by any codes of conduct in the meaning of the provisions of Sec. 1826(1)(e) of the Civil Code.
- The Seller arranges for an out-of-court settlement of consumer complaints via the electronic address firstname.lastname@example.org . The Seller will send information on the Buyer’s complaint processing to the Buyer’s e-mail address.
- The Seller is entitled to sell the goods on the basis of a trade license. Trade license inspections are carried out by the relevant trade licensing office within the scope of its competence. The Office for Personal Data Protection supervises the area of personal data protection. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
- The Buyer hereby assumes the risk of a change of circumstances in the meaning of Sec. 1765(2) of the Civil Code.
11) Final provisions
- Should the relationship established by the Purchase Contract contain an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This does not affect the consumer’s rights arising from generally binding legal regulations.
- Should any provision hereof be or become void or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision hereof shall not affect the validity of the remaining provisions hereof. The Purchase Contract, including the Business Terms and Conditions, is archived by the Seller in an electronic format and it is not accessible.
- The Seller’s contact details: delivery address Phyto CZ, s.r.o., Dukelská brána 5, 79601 Prostějov, Czech Republic e-mail address email@example.com , tel. no. 00420 582 334 021
In Prostějov December 1st, 2018