General Terms and Conditions
GENERAL TERMS AND CONDITIONS
valid from 1.9.2016
1. BASIC PROVISIONS
1.1. These General Terms and Conditions ("GTC") serve to ensure that the Buyers are informed according to the valid legal regulations of the Czech Republic when concluding Purchase Contracts and Contracts for cooperation with the Seller and to determine and notify Buyers of the conditions, procedures and and for the duration of the warranty period.
1.2. The subject of the Contract concluded pursuant to these GTC are deliveries of goods from the Seller's assortment to the Buyer, based on his binding orders and payment of the price of the delivered Goods by the Buyer. All deliveries of the Goods, including future deliveries, are made solely on the basis of these GTC. This precludes the use of the Purchase Conditions (General Terms and Conditions of the Buyer), unless expressly accepted by the Seller. The transfer and transfer of rights and obligations from the Framework Purchase Agreement is possible only with the Seller's consent.
2. DEFINITION OF TERMS
2.1. Terms with capital letters have the following meaning:
a. "Price" means the price of the good or service based on the Seller's offer;
b. "Buyer" means a natural or legal person who buys or intends to purchase goods by order or forwards the goods to the recipient to a certain place;
c. "Purchase contract" and / or "contract" means a contract of sale concluded between seller and buyer within the meaning of § 2085 of the Civil code, the subject of which is the purchase of goods;
d. "Responsibility for the work" means rights and obligations arising out of factory defects based on the order of § 2615 of the Civil Code and subsequently .;
e. "Civil Code" means law no. 89/2019 Sb, Civil Code in the valid version .;
f. "Seller" means the company Flower Company s.r.o., VAT ID: 28551168, located at Beranovych 130, 199 00, Praha 9;
g. "Consumer" means a person who enters into or otherwise negotiates a purchase agreement with the seller, other than as part of his or her entrepreneurial activity or outside the scope of his or her profession;
h. "Goods" means products, plants, green and mossy walls, which the seller sells and offers and which are the subject of the purchase contracts or contracts.
The List of Goods and Services is kept on the Seller's website http://www.flower-company.cz/.
3. ORDERING OF GOODS AND SERVICES
2.2. An order of goods and services can be made through these channels:
a. In an electronic way in the form of an email. After the order has been sent, the buyer will be sent an email, confirming the receipt of the order. The buyer is obliged to check the confirmation of the order and in case of incorrect or incomplete information about the subject of the order or the delivery address to contact the seller immediately by email or by phone +420 603 840 452 and correct the information. Subsequent complaints for reasons of discrepancy in the submitted order will be disregarded. With the delivery of the order confirmation arises between the buyer and the seller a contractual relationship by which the seller is obliged to deliver the ordered goods to the delivery address in accordance with these terms and conditions and the buyer is obliged to pay the agreed price of the goods.
b. Through a telephone order via the phone contacts which are indicated on the websites of the seller. Orders are accepted every day between 9:00 and 17:00. In case of incorrect or incomplete information about the subject matter of the order or delivery address, the buyer is obliged to inform the seller immediately by email or by phone number +420 603 840 452, and correct the information. Subsequent complaints for reasons of discrepancy in the submitted order will be disregarded. By the delivery of the order confirmation arises between the buyer and the seller a contractual relationship by which the seller is obliged to deliver the ordered goods to the delivery address in accordance with these terms and conditions and the buyer is obliged to pay the agreed price of the goods.
4. DELIVERY OF THE GOODS
2.3. Upon delivery of the goods by shipping to the recipient, the seller will ship the goods to the buyer at the buyer's shipping address.
2.4. The transport of the goods is done by the seller or a transport company.
2.5. The transport company / seller transports the goods to the agreed destination and hands them over to the buyer in the delivery time ordered by the buyer. Information about the destination, recipient, if the buyer determines a third party as the recipient of the goods and the delivery time is given by the seller to the transport company based on the order of the buyer. It is always necessary that the buyer carefully checks the accuracy of the address, telephone numbers and other specifications that affect the accuracy and speed of the delivery of goods.
2.6. The consignee / purchaser must be at the agreed place within the transport period. If the consignee / purchaser is not present, the carrier / seller may issue the goods to another person at the agreed place upon written confirmation. This does not apply if the buyer states in the order in writing that the goods must be handed over to a recipient in his own hand. The carrier / seller is not obliged to verify the identity of the recipient.
2.7. Should the Recipient refuse to take over the Goods or the Goods cannot be delivered, in particular due to inaccurate or non-existent address, absence of the Recipient or any other authorized person to which the goods could be delivered at the place of delivery in accordance with these GTC, and if further instructions aren´t given to the carrier / seller within 10 minutes, or if these instructions cannot be fulfilled, the carrier will transport the goods back to the seller. Returning the goods to the seller or moving to a new address may be charged.
1.1. Due to the fact that the recipient is not reached at the specified location, a repeated delivery of the goods can take place. If the repeated delivery of the goods is due to faulty or incomplete contact details of the recipient / buyer by the buyer, the seller is entitled to charge a fee for repeated delivery equal to twice the normal delivery fee. The repeated delivery of the goods will be made within the shortest delivery time after payment of the fee or on the notified date on which the recipient / buyer is at the specified address.
3. PAYMENT TERMS
3.1.The order can be paid:
a. In cash to the forwarder / seller;
j. By bank transfer;
k. against cash on delivery.
2.1. The total price of the order consists of the price of the goods, the price of transport / delivery and the assembly.
3.2. The price for the goods corresponds to the price offer of the seller, which the buyer receives from the seller.
3.3. Upon acceptance of the offer by the buyer, the buyer is obliged to make an advance payment of 50% of the total price of the goods, unless the buyer and the seller agree otherwise.
3.4. Billing information of the seller:
Flower Company s.r.o.
Beranových 130, 199 00 Praha 9
ID: 28551168, VAT ID: CZ28551168
4. COMPLAINT CONDITIONS AND TERMINATION OF A CONTRACt
4.1. The warranty conditions for the goods are based on the complaint procedure, which forms an appendix to these GTC, and the relevant legal provisions.
4.2. PThe seller has the right to withdraw from the contract in justified cases at any time, in particular if the ordered goods can not be delivered within the agreed time or if the delivery of the goods for other reasons is too expensive, complicated, difficult or impossible. The seller is also entitled to withdraw from the contract if the buyer violates the contract, these terms and conditions or mandatory statutory provisions.
4.3. The consumer is entitled to rescind according to clause 7 of these terms and conditions.
5. CONSUMER ARRANGEMENTS
5.1. The provisions of this article of the GTC apply when the contract with the consumer is at a distance, i. without the simultaneous physical presence of the parties.
5.2. The consumer has the right to withdraw from the contract within 14 days from the date of its conclusion, in the case of a purchase contract from the date of receipt of the goods, for unspecified reason or without stating the reason, unless this is not in the Civil Code lexcluded.
In such a case, the withdrawal must be sent in paper form. The withdrawal period shall be deemed to have been maintained even if the Consumer sent a notice to the Seller during the course of its withdrawal. The model instruction on the consumer's right to withdraw from the Contract and the withdrawal form are attached to the GTC.
5.3. In the event of withdrawal from the contract, the price will be refunded to the account from which it was paid by the consumer, unless the consumer specifies another account upon withdrawal.
5.4. If the consumer withdraws from the contract, he must provide his bank account number for the refund of the price in writing. This can be reduced if it meets legal requirements. If the consumer does not disclose the bank account number, the price will be refunded to the account from which the consumer has paid the price, if such an account exists. As long as the provider does not know the bank account for the refund, he is not obliged to return and will not be in delay with the return.
5.5. In the event of withdrawal from the contract, the consumer may not remove the original markings (ie signs, stickers, etc.) and, in this case, is obliged to reimburse the seller for the costs of restoring the goods. The consumer is obliged to return the goods to the seller immediately, but no later than 14 days after the cancellation.
5.6. The consumer is not entitled to withdraw from the contract if the subject matter of the contract is as follows:
a. Delivery of goods tailored to or for the consumer;
b. delivery of perishable goods as well as goods that have been irretrievably mixed with other goods upon delivery;
c. Repair or maintenance in a place designated by the consumer.
7.1. The consumer declares that he knows the meaning of all clauses in the sense of § 1754 of the Civil Code.
6.1. The price is deemed to be paid at the moment when the full amount of the price, including the costs of the seller for the delivery of the goods, is either credited to the account of the seller or given to the seller or the carrier in cash.
6.2. The provider retains ownership of the goods until full payment of the purchase price, unless otherwise specified in individual cases.
6.3.The risk of loss, damage and / or destruction of the Goods shall pass to the Buyer at the moment of handover of the Goods to the first carrier, in the event that the Buyer is a Consumer, then at the moment of acceptance of the Goods.
6.4. The seller gives the goods to the buyer in the agreed quantity, quality and execution.
6.5. The contracting parties agree that the type of packaging of the goods is determined exclusively by the seller. The provisions of
§ 2097 of the Civil Code do not apply.
6.6. The contract becomes valid and effective on the day of its conclusion. The buyer has no right to offset his claims against the seller with the seller's claims against the buyer.
6.7. The buyer is not entitled to assign his claims to third parties without the consent of the seller.
7. RIGHTS AND OBLIGATIONS OF THE SELLER
7.1. The seller is entitled to unilaterally offset his due and unpaid claims against the buyer.
7.2. The seller is entitled to assign his rights or obligations under the contract or these terms and conditions or the entire contract at any time without the consent of the buyer to third parties.
7.3. After the conclusion of the contract with the buyer, the seller is entitled to inform the buyer about his business offers and about the offers of his business partners, with which the buyer expressly agrees.
7.4. In the event that the buyer has gone into liquidation, insolvency proceedings have been initiated against him or his property is impaired by seizure, the seller is entitled to refuse the conclusion of a contract and / or an amendment to the contract. Should any of these situations occur during the contract period, the seller is entitled to withdraw from the contract with immediate effect, even without prior request for subsequent performance.
7.5. The seller is also entitled to refuse to conclude the contract if he would otherwise be entitled to withdraw
from the contract.
8. PERSONAL DATA PROTECTION
8.1. The seller agrees to keep all unauthorized information about the goods and the destination secret.
8.2. The processing of personal data is automatic and manual and subject to physical and technical control. Personal data is received by the buyer under the contract. The buyer provides his personal information voluntarily. All data is stored in digital form. The seller shall process the data only to the extent necessary for the above-mentioned purposes and for the purpose of achieving the above-mentioned purposes in the required time, but at the latest until the full fulfillment of the rights and obligations under the contract or for the period, which is set out in or complies with the relevant statutory provisions which the buyer has expressly consented to (in particular their use in marketing and advertising events, sending marketing materials or leasing them to third parties for this purpose). If the personal information of the buyer changes or is inaccurate, the buyer is obliged to update it immediately or to inform the seller immediately. The Buyer may at any time request information about the processing of his personal data, make changes, corrections or deletions of his personal information or contact the Seller if he believes that his personal information is being used illegally.
8.3. The seller is entitled to unilaterally change these terms and conditions at any time. In the event of a change in the Terms and Conditions, these changes take effect immediately upon their publication on the seller's website. Changes do not affect orders already placed.
8.4. With the submitted order, the buyer agrees to these terms and conditions.
9. FINAL PROVISIONS
9.1. The buyer declares that he has become acquainted with the terms and conditions before concluding the contract and that he is aware of the terms and conditions within the meaning of section 1751 (1) of the Civil Code.
9.2. Ujednání ve Smlouvě má přednost před ujednáním ve VOP, pokud by však jakékoli ujednání ve Smlouvě bylo neplatné nebo nevymahatelné, užije se ujednání VOP namísto tohoto ujednání ve Smlouvě.
9.3. The agreement in the contract has priority over the agreement in the terms and conditions. However, should an agreement in the contract be invalid or unenforceable, the agreement of these terms and conditions will be used instead of this provision in the contract.
9.4. All communications, in particular communications, invitations, reminders, commercial communications, promotions and other advertising messages shall be communicated by the Parties, in particular electronically by e-mail or SMS or by any other suitable means.
9.5. Upon termination of the contract, the rights and obligations of the parties to the terms and conditions, which must exist until they are satisfied, do not expire, in particular in the case of the seller's claims against the buyer.
9.6. If any provision of these terms and conditions or the contract should be invalid, so the validity of the contract or the terms and conditions is not affected. The Contracting Parties are negotiating a new provision which replaces the existing provisions and best reflects the original purpose.
9.7. The Provider reserves the right to limit or terminate the provision of the Services at any time without notice.
9.8. These terms and conditions come into force on [1.9.2016].