General Terms and Conditions

I.

General Provisions

  1. These general terms and conditions (hereinafter referred to as the “Business Terms and Conditions“) have been issued pursuant to the Section 1751 et seq. of the Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the “Civil Code“)

 

Flora Urbanica s.r.o.

Company-ID: 03413080

VAT-ID:CZ03413080

Registered office at: Rybná 716/24, 110 00, Prague

Incorporated by entry in the Commercial Register maintained by the Municipal Court in Prague, section C, insert 231267

Contact details:

e-mail: info@floraurbanica.com

Phone:+420 773 105 056

Website:www.floraurbanica.com

(hereinafter referred to as the “Seller“)

 

  1. These General Terms and Conditions shall regulate the mutual rights and obligations of the Seller and a natural person concluding the purchase contract outside of its business activities as the consumer or as part of its business activities (hereinafter referred to as: “Buyer“) via web interface located at the website available at the internet address www.floraurbanica.com (hereinafter referred to as the “e-shop“). 
  2. Provisions of the Business Terms and Conditions are the integral part of the purchase contract. Provisions of the purchase contract which deviate prevail to the provisions of these general terms and conditions.
  3. These General Terms and Conditions and the purchase contract have been concluded in English. 

 

II.

Information on the Goods and Prices

  1. Information on the goods including the prices of the individual goods and their main properties are indicated at the particular goods at the e-shop catalogue. Prices of the goods are indicated including the value-added tax, all related fees and costs for goods return if the goods cannot be returned via the regular post manner due to its nature. Prices of the goods remain valid during the time they are displayed at the e-shop. This provision does not exclude the conclusion of the purchase contract under the conditions individually agreed upon.
  2. All presentations of the goods placed in the catalogue of the e-shop have informative nature and the Seller is not obliged to conclude the purchase contract regarding these goods. 
  3. At the e-shop, there is information published regarding the costs related to packing and delivery of the goods. 
  4. Any possible discounts from the purchase price cannot be mutually combined, unless the Seller agrees with the Buyer otherwise.

 

III.

Placing the Order and Conclusion of the Purchase Contract

  1. Costs arisen to the Buyer while using the remote communicational channels related to conclusion of the purchase contract (i.e. Internet access, phone call costs) are paid by the Buyer himself. Such costs are not different from the basic rate.
  2. The Buyer shall place an order of the goods via the following means:
  • via his customer account, if previously registered at the e-shop, 
  • by filling up the order form without registration.  
  1. When entering the order, the Buyer selects the goods, number of pieces of the goods, payment method and delivery.
  2. Before sending the order, the Buyer may check and change the data which it wrote into the order. The Buyer shall send the order to the Seller by clicking on the button “order”. The Seller considers the data indicated in the order as correct. The order is valid if all obligatory data are filled in the order form and there is the confirmation of the Buyer that the Buyer got acquainted with the commercial terms and conditions.
  3. Once the order is received, the Seller shall send to the Buyer confirmation on receiving the order to the e-mail address which the Buyer entered when placing the order. This confirmation is automatic and is not deemed to be conclusion of the agreement. An appendix to the confirmation is the current business terms and conditions of the Seller.      The purchase contract is concluded after receiving the order by the Seller. A notice on receiving the order is delivered to the e-mail address of the Buyer. /      Immediately after receiving the order, the Seller shall send to the Buyer confirmation on receiving the order to the e-mail address which the Buyer entered during ordering. This confirmation is deemed to be conclusion of the agreement. An appendix to the confirmation is the current business terms and conditions of the Seller. The Purchase contract has been concluded by confirmation of the order by the Seller to the e-mail address of the Buyer. 
  4. If some of the requirements indicated in the order cannot be fulfilled by the Seller, the Seller shall send the modified offer to the Buyer to its e-mail address. The modified offer is deemed to be a new proposal of the purchase contract and the purchase contract has been in such a case concluded with the confirmation of the Buyer on acceptance of this offer by the Seller to its e-mail address indicated in these business terms and conditions. 
  5. All orders accepted by the Seller are obligatory. The Buyer may reject the order until the Buyer receives the announcement on acceptance of the order by the Seller. The Buyer may cancel the order by phone calling to the phone number or the e-mail address of the Seller indicated in these business terms and conditions. 
  6. If there was an evident technical error by the Seller when indicating the price of the goods at the e-shop or while ordering, the Seller is not obliged to deliver the goods to the Buyer the goods for this clearly mistaken price even in case that automatic confirmation was sent to the Buyer on receiving the order according to these business terms and conditions. The Seller shall inform the Buyer on any error without undue delay and send a modified offer to the Buyer to its e-mail address. The modified offer is deemed to be a new proposal of the purchase contract and the purchase contract is in such a case concluded by the confirmation on acceptance by the Buyer to the e-mail address of the Seller.

 

IV.

Customer Account

  1. Based on the registration of the Buyer performed at the e-shop, the Buyer may access its customer account. The Buyer may do from its customer account ordering of the goods. The Buyer may order the goods also without any registration. 
  2. When registering to the customer account and ordering the goods, the Buyer is obliged to correctly indicate all the details. The Buyer is obliged to update the data indicated in the customer account in case of any change. The Seller considers the data indicated by the Buyer in the customer account and while ordering the goods correct.
  3. Access to the customer account is secured with the user name and the password. The Buyer is obliged to maintain confidentiality regarding the information necessary for the access to its customer account. The Seller shall not bear responsibility for any possible misuse of the customer account by any third parties.
  4. The Buyer is not entitled to enable the use of the customer account to any third parties.
  5. The Seller may cancel the customer account, in particular in case when the Buyer does not use its customer account any more or in case the Buyer breaches its obligations arising from the purchase contract or these business terms and conditions.
  6. The Buyer take a note of the fact that the customer account does not need to be constantly accessible, in particular with regard to the necessary maintenance of hardware and software of the Seller, or necessary maintenance of hardware and software of any third persons.

 

V.

Payment Conditions and Delivery of the Goods 

  1. The Buyer may pay for the price of the goods and eventual costs related to delivery of the goods according to the purchase contract in the following ways:
  • cashless method – via the payment card, via PayU or PayPal gate,
  1. The Buyer is obliged to pay to the Seller along with the purchase price also costs related to packing and delivery of the goods in the amount agreed upon. Unless otherwise explicitly indicated, the purchase price is deemed to include also the costs related to the delivery of the goods.
  2. In case of payment via payment gate, the Buyer shall follow the instructions of the particular provider of the electronic payments.
  3. In case of cashless payment, the obligation of the Buyer is to pay the purchase price indicated at the moment of crediting the particular amount to the bank account of the Seller.
  4. The Seller does not require any advance payment or any similar payment from the Buyer. Payment of the purchase price prior to sending the goods is not deemed to be any advance payment. 
  5. According to the Act on registration of sales, the Seller is obliged to issue a receipt to the Buyer.
  6. The goods have been delivered to the Buyer:
  • to the address determined by the Buyer in the order
  1. Delivery costs depend on the way of dispatch and handover of the goods and are indicated in the order of the Buyer and in the confirmation of the order by the Seller. In case the delivery manner has been concluded based on a special requirement of the Buyer, the Buyer bears the risk and any eventual additional costs related to this way of transport.
  2. If the Seller is obliged according to the purchase contract to deliver the goods to the place indicated by the Buyer in the order, the Buyer is obliged to take over the goods when delivered. If due to the reasons on the Buyer’s side the goods have to be delivered repeatedly or in different means than indicated in the order, the Buyer is obliged to pay costs related to the repeated delivery of the goods, or the costs related to another delivery means.
  3. When taking over the goods from the carrier, the Buyer is obliged to check the integrity of packing of the goods and in case of any defects to inform the carrier immediately about this fact. In case the packing is damaged which proves unauthorized intervention to the consignment, the Buyer does not have to take over the consignment from the carrier.
  4. The Seller shall issue a tax document to the Buyer – i.e. an invoice. The tax document shall be delivered to the e-mail address of the Buyer. / The tax document is attached to the goods being delivered.
  5. The Buyer shall gain the property right to the goods by paying the whole purchase price for the goods including the delivery costs, the earliest time will, however, be the handover of the goods. 
  6. Responsibility for random destruction, damage or loss of the goods is transferred to the Buyer at the moment of handover of the goods or the moment when the Buyer had the obligation to take over the goods but it did not do so in contrary to the purchase contract.

 

VI.

Withdrawal from the Contract

  1. The Buyer who concluded the purchase contract out of its business activities as the consumer is entitled to withdraw from the purchase contract.
  2. The term for the withdrawal from the contract is 14 days
  • from the day of handover of the goods,
  • from the day of handover of the last delivery of the goods if the subject-matter of the contract is several types of the goods or delivery of several parts,
  • from the day of the first delivery of the goods if the subject-matter of the contract is regular repeated delivery of the goods.
  1. Apart from others, the Buyer cannot withdraw from the purchase contract
  • on provision of services if they were fulfilled with its previous explicit consent prior to expiry of the time for withdrawal from the agreement and the Seller informed prior to conclusion of the agreement the Buyer that in such a case he is not entitled to withdraw from the agreement,
  • on supply of goods or services whose price depends on deviations of the financial market independently on the will of the Seller and which can occur during the term intended for the withdrawal from the agreement,
  • on supply of goods that were modified on the Buyer’s request or according to its wish,.
  1. After keeping the term for withdrawal from the contract, the Buyer shall send declaration on withdrawal within the term needed for withdrawal from the contract.
  2. In order to withdraw from the purchase contract, the Buyer may use the sample form intended for withdrawal from the contract provided by the Seller. The Seller shall send the withdrawal from the purchase contract to the Buyer to the e-mail address or delivery address indicated in these business terms and conditions. The Seller shall confirm acceptance of the form to the Buyer without undue delay.
  3. The Buyer that withdrew from the contract is obliged to return the goods to the Seller within 14 days from withdrawal from the contract. The Buyer shall bear the costs related to return of the goods to the Seller also in case when the goods cannot be returned due to the nature of the goods by regular post means.
  4. If the Buyer withdraws from the contract, the Seller shall return without undue delay – not later than within 14 days from the withdrawal from the agreement – all monetary means including delivery costs accepted from the Buyer – in the same manner. The Seller shall refund to the Buyer accepted monetary means in the manner only if the Buyer agrees with it and if no other costs arise.
  5. If the Buyer choses other than the cheapest way of delivery than the Seller offers, the Seller shall return the delivery costs for the goods to the Buyer in the amount related to the cheapest offered manner of delivery of the goods.
  6. If the Buyer withdraws from the purchase contract, the Seller is not obliged to refund the monetary means to the Buyer sooner than the Buyer hands over the goods or proves that the Seller sent the goods.
  7. The Buyer shall return the goods to the Seller undamaged, unused, clean and if possible in the original packing. The Seller is entitled to unilaterally set off any claim of the Buyer for return of the purchase price.
  8. The Seller is entitled to withdraw from the purchase contract due to stock exhausted, unavailability of the goods or when the producer, importer or the supplier of the goods interrupted the production or delivery of the goods. The Seller shall inform the Buyer without undue delay via e-mail address indicated in the order and shall return the goods within 14 days from announcement of withdrawal from the purchase contract and all monetary means including the delivery costs accepted from it based on the agreement in the same manner or in the manner determined by the Buyer. 

 

VII.

Rights arising from Defective Performance

  1. The Seller is responsible to the Buyer for the fact that the goods do not have any defects after handover. In particular, the Seller is responsible to the Buyer that during the time the Buyer took over the goods
  • the goods have the properties agreed upon by the parties and if the agreement is missing, the goods have such properties that the Seller or the producer described or the Buyer expected with regard to the nature of the goods and based on the advertisement performed,
  • the goods are suitable for the purpose the Seller indicates for its use or for which the goods of this type are usually used,
  • the goods have the quality or version of the sample or a template agreed upon if the quality or version was determined according to the sample or a template,
  • if the goods have the respective amount, level or weight and
  • the goods are in line with the legal regulations.
  1. The Seller has obligations arising from defective performance at least in such a scope in which obligations arising from defective performance of the producer last. Otherwise, the Buyer is entitled to claim the right from the defect arising to the consumables within twenty-four months from the handover. 
  2. If there is indicated the time during which the goods may be used on the goods sold, on its packing, in the manual attached to the goods or in the advertisement in line with other legal regulations, regulations on the quality guarantee shall be used. The Seller undertakes with the quality guarantee that the goods shall be eligible during certain time for the regular use as well as that they keep regular properties. If the Buyer rightfully objected a defect to the Seller for the goods, the term for claiming the rights from the defective performance or the guarantee period during which the Buyer cannot use the defective goods shall not be effective. 
  3. Provisions indicated in the previous paragraph of the business terms and conditions are not used for the goods sold for lower price for the defect for which the lower price was agreed upon for wear and tear of the goods caused by their regular use, for the used goods for the defect corresponding to the level of wear and tear which the goods had during the handover by the Buyer or if it results from the nature of the goods. The Buyer is not entitled for the right arising from defective performance if the Buyer knew prior to the handover of the goods that the goods had the defect or if the Buyer caused the defect on its own.
  4. If there is a defect, the Buyer may submit a complaint to the Seller and require
  • change for new goods,
  • repair of the goods,
  • adequate discount from the purchase price, 
  • withdrawal from the agreement.
  1. The Buyer is entitled to withdraw from the agreement, 
  • if there is a substantial defect at the goods, 
  • if it cannot duly use the goods due to repeated occurrence of the defect or a defect after repair, 
  • in case of more defects of the goods.
  1. Substantial breach is such breach of the contract about which the party breaching the contract already knew when breaching the contract when concluding the contract or should have known, otherwise the other party would not conclude the contract if it would presume the breach. 
  2. For the defect that means unsubstantial breach of the contract (regardless the fact whether the defect may be removed or not), the Buyer is entitled to remove the defect or get adequate discount from the purchase price. 
  3. If there is a defect that may be removed after repair repeatedly (usually third complaint due to the same defect or fourth due to different defect) or there are more defects at the goods (i.e. mostly three defects at the same time), the Buyer is entitled to claim the discount from the purchase price, exchange of the goods or withdraw from the contract.
  4. When applying the complaint, the Buyer is obliged to inform the Seller which right it chose. Any change of the option without the consent of the Seller is possible only if the Buyer requested repair of the defect which after all may be removed. If the Buyer does not select its right from the substantial breach of the contract in time, it has the same rights as in case of insignificant breach of the contract. 
  5. If the goods cannot be repaired or exchanged, based on withdrawal from the agreement, the Buyer may request return of the purchase price in the full amount. 
  6. If the Seller proves that the Buyer knew about the defect of the goods prior to the handover of the goods or caused it, the Seller is not obliged to satisfy the claim of the Buyer. 
  7. The Buyer shall not submit a complaint to the discounted goods for the reason the goods are discounted.
  8. The Seller is obliged to accept the complaint at any establishment where the complaint can be accepted or eventually at the headquarters or place of business. The Seller is obliged to issue written confirmation to the Buyer concerning the fact that the Buyer applied its right, what the content of the complaint is and which manner of complaint the Buyer requires as well as the confirmation on the date and manner of processing the complaint including confirmation on repair and its duration or written justification of rejection of the complaint.
  9. The Seller or an employee assigned by the Seller shall decide on the complaint immediately in complicated cases within 3 business days. In this term, the adequate time needed for specialized assessment of the defect according to the type of the product or service is not included. The complaint including removal of the defect shall be processed without undue delay within 30 days from the day of asserting the complaint, at the latest, unless the Seller and the Buyer agrees on longer period. Expiry of this time limit is deemed to be the substantial breach of the contract and the Buyer is entitled to withdraw from the purchase contract. The moment of asserting the claim is deemed to be the moment when there is the will of the Buyer (asserting the right from defective performance) towards the Seller.
  10. The Seller shall inform the Buyer in writing on the results of the complaint procedure. 
  11. The Buyer is not entitled for the right arising from defective performance if the Buyer knew prior to accept the thing that it had a defect or if the Buyer caused the defect.
  12. In case of an eligible complaint, the Buyer is entitled for compensation of purposefully utilized costs arising in relation to asserting the complaint. The Buyer may utilize this right towards the Seller within one month after the lapse of the guarantee period, otherwise it does not need to be accepted by the court.
  13. The Buyer may select the possibility of the complaint.
  14. Rights and obligations of the parties regarding the rights arising from the defective performance shall be in accord with the Section 1914 to 1925, Section 2099 to 2117 and the Section 2161 to 2174, Civil Code, and the Act No. 634/1992 Coll., on the consumer protection.
  15. Further rights and obligations related to the responsibility of the Seller for the defects may be claimed according to the complaint order of the Seller.

 

VIII.

Delivery

  1. The Parties may mutually deliver their written messages in the electronic form. 
  2. The Buyer shall send the correspondence to the Seller to the e-mail address indicated in these business terms and conditions. The Seller shall deliver to the Buyer correspondence to the e-mail address indicated in its customer account or in the order. 

 

IX.

Personal Details

  1. All information that the Buyer indicates when cooperating with the Seller is confidential and shall be treated in such a manner. If the Buyer does not require from the Seller written approval, the Seller shall not contact the Buyer in other purpose than performance of the contract via the e-mail address to which business messages may be sent since this procedure is enabled by law, however, if it is not explicitly rejected. Such a message may concern only similar or related goods and may be unsubscribed at any time in a simple manner (i.e. via sending a letter, e-mail or clicking on the link in the commercial message). The e-mail address shall be stored in this purpose within 3 years from conclusion of the last agreement by and between the countries. 
  2. Detailed information on protection of the personal data may be found in the General Data Protection Regulations      HERE.



IX.

Extrajudicial Dispute Resolution

  1. Extrajudicial dispute resolution arising from the purchase contract is in responsibility of the Czech Trade Inspection with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company-ID: 000 20 869, website: https://adr.coi.cz/cs. The platform for the on-line dispute resolution is accessible at the website http://ec.europa.eu/consumers/odr and may be used for the dispute resolution by and between the Seller and the Buyer arising from the purchase contract.
  2. European Consumer Centre for the Czech Republic with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point according to the Regulation of the European Parliament and the Council (EU) no. 524/2013 as of 21st May 2013 on on-line dispute resolution and of the amendment of the regulation (EC) no. 2006/2004 and the directive 2009/22/ES (regulation on the on-line dispute resolution).
  3. The Seller is obliged to sell the goods based on the trade license. The trade control is performed within its activities by the Trade Office. The Czech Trade Inspection shall conduct in a limited scope, apart from others, the supervision of the following the Act No. 634/1992 Coll., on the consumer protection.

 

X.

Final Provisions

  1. All provisions by and between the Seller and the Buyer shall follow the Legal Order of the Czech Republic. If the relation based on the purchase contract contains any international element, the parties have agreed that the relation follows the law of the Czech Republic. This does not concern the rights of the consumer arising from the generally binding legal regulations.
  2. The Seller shall not be in relation to the Buyer bound by any codes of conducts within the meaning of the provisions of the Section 1826 (1) (e), Civil Code.
  3. All rights to the websites of the Seller, in particular copyrights to the content, including the website layout, pictures, movies, graphical elements, trademarks, logos and further content and elements belong to the Seller. It is forbidden to copy, modify or anyhow use the websites or their parts without the consent of the Seller.
  4. The Seller shall not bear any responsibility for any errors at the e-shop arisen as a result of the intervention of third parties or as a result of the use in contradiction of its purpose. When using the e-shop, the Buyer shall not follow any procedures that could have negative impact on its operation and shall not perform any activities that could enable it or any third parties any unauthorized use or intervention to the programs or other parts belonging to the e-shop and the use of the e-shop or its part or software in such a manner that could be in contradiction with its purpose. 
  5. The Buyer hereby takes over the peril of a change of circumstances within the meaning of the Section 1765 (2), Civil Code.
  6. The purchase contract including the business terms and conditions shall be archived by the Seller in the electronic form and is not accessible.
  7. Wordings of the business terms and conditions shall not be changed or anyhow amended by the Seller. This provision does not affect the rights and obligations arisen during the effect of the previous wordings of the business terms and conditions.
  8. An appendix to the business terms and conditions is a template intended for the withdrawal from the contract.



These General Terms and Conditions become effective as of 09.06.2020