I. Basic provisions
1. These general terms and conditions (hereinafter referred to as "terms and conditions") are issued pursuant to § 1751 et seq. Act No. 89/2012 Coll., Civil Code (hereinafter referred to as "Civil Code")
GP novum s.year.O held at the Regional Court in České Budějovice
IČ: 28155483
TIN: CZ28155483
with registered office: Riegrova 1756/51, České Budějovice 370 01
contact details:
e-mail: info@greenguru .cz
phone: +420 777 245 367
web: www.greenguru.cz
(hereinafter referred to as "seller")
THE CONTRACT TERMS ABOVE APPLY TO PERSONS OVER 18 YEARS OF AGE. ALL OUR PRODUCTS IN THE www.greenguru.cz ONLINE STORE ARE NOT FOR SALE TO PERSONS UNDER 18 YEARS OF AGE. FOR THIS REASON, AGE VERIFICATION IS REQUIRED WITH THE CONTRACTED CARRIER ( PACKET / POST OFFICE ) WHEN ACCEPTING THE SHIPMENT. THANK YOU FOR YOUR UNDERSTANDING
1. These terms and conditions govern the mutual rights and obligations of the seller and a natural
person who concludes a purchase contract outside of his business activity as a consumer,
or within his business activity (hereinafter: "buyer") via a web
interface located on the website available at the internet address
www.shamind.com (hereinafter referred to as the "online store").
2. The terms and conditions are an integral part of the purchase contract. Deviating
stipulations in the purchase contract take precedence over the provisions of these terms and conditions.
3. These terms and conditions and the purchase contract are concluded in the Czech language.
II.
Information about goods and prices
1. Information about the goods, including the prices of the individual goods and their main features, is
listed for the individual goods in the catalog of the online store. Product prices remain valid for the time they are displayed in the online store. This provision
does not exclude the negotiation of a purchase contract under individually agreed conditions.
2. All presentation of goods placed in the catalog of the online store is informative
in nature and the seller is not obliged to conclude a purchase contract regarding these goods.
3. Information about the costs associated with packaging and
delivery of goods is published in the online store.
4. Any discounts from the purchase price of the goods cannot be combined with each other, unless the seller and the buyer agree otherwise.
III.
Order and conclusion of purchase contract
1. Costs incurred by the buyer when using means of communication at a distance in connection with
concluding the purchase contract (costs of internet connection, costs of telephone calls),
are paid by the buyer himself.
2. The buyer orders goods in the following ways:
- through his customer account, if he has previously registered
in the online store,
- by filling out the order form without registration.
3. When placing an order, the buyer selects the goods, the number of goods, the method of delivery
and the method of payment.
4. Before sending the order, the buyer is allowed to check and change the data he has entered in the
order. The buyer sends the order to the seller by clicking the Send
order button. The data listed in the order they are deemed correct by the seller.
The condition for the validity of the order is the filling in of all mandatory data in the order
form and confirmation by the buyer that he has read these terms and conditions.
5. Immediately after receiving the order, the seller sends the buyer a confirmation of receipt of the
order to the e-mail address that the buyer entered when placing the order. This confirmation is
considered as the conclusion of the contract. The purchase contract is concluded by confirmation of the order
by the seller to the e-mail address of the buyer.
6. In the event that the seller cannot fulfill any of the requirements stated in the order,
sends an amended offer to the buyer to his e-mail address. The amended offer
is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case
by the buyer's confirmation of acceptance of this offer to the seller at his e-mail address
given in these terms and conditions.
7. All orders accepted by the seller are binding. The buyer can cancel the order,
until the buyer is notified of the acceptance of the order by the seller. The buyer
can cancel the order by calling the seller's phone number or e-mail address
in these terms and conditions.
8. In the event that there was an obvious technical error on the part of the seller when specifying the price
of the goods in the online store or during the ordering process, the seller is not obliged to
deliver the goods to the buyer at this obviously incorrect price. The seller informs
the buyer about the error without undue delay and sends the buyer an amended offer to his e-mail address
. The amended offer is considered a new draft of the purchase contract, and the
purchase contract is concluded in this case by confirmation of acceptance by the buyer to the e-mail
address of the seller.
IV.
Customer account
1. Based on the buyer's registration in the online store, the buyer
can access his customer account. The buyer can
order goods from his customer account. The buyer can also order goods without registration.
2. When registering for a customer account and when ordering goods, the buyer is obliged to enter
all data correctly and truthfully. The buyer is obliged to update the data given in the user account in the event of any change. The data provided by the buyer in the customer account
and when ordering goods are considered correct by the seller.
3. Access to the customer account is secured by a username and password. The buyer is
obliged to maintain confidentiality regarding the information necessary to access his
customer account. The seller is not responsible for any misuse of the customer
account by third parties.
4. The buyer is not authorized to allow the use of the customer account by third parties.
5. The seller can cancel the user account, especially if the buyer no longer uses his
user account, or if the buyer violates his obligations under the purchase
contract or these terms and conditions.
6. 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 equipment, or
necessary maintenance of hardware and software equipment of third parties.
V.
Payment terms and delivery of goods
1. The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid by the buyer in the following ways: - by cashless transfer to the seller's bank account, maintained at Fio banka a.with,
- payment on delivery, i.e. cash on delivery.
2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with
packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise,
the purchase price also includes the costs associated with the delivery of the goods.
3. Non-cash payment of the purchase price is due within 14 days from the conclusion of the purchase contract.
4. In the case of payment via a payment gateway, the buyer follows the instructions
of the relevant electronic payment provider.
5. The buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's bank account.
6. The seller does not require any advance payment or other similar payment from the buyer.
Payment of the purchase price before the goods are shipped is not a deposit.
7. According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer.
At the same time, he is obliged to register the received sales with the tax administrator online, in case of
technical failure, then within 48 hours at the latest
8. The goods are delivered to the buyer:
- to the address specified by the buyer in the order,
- via the delivery office to the address of the delivery office specified by the buyer.
9. The choice of delivery method is made during the ordering of goods.
10. The costs of delivery of the goods, depending on the method of sending and receiving the goods, are
stated in the buyer's order and in the seller's order confirmation. In the event
that the method of transport is contracted on the basis of a special request of the buyer,
the buyer bears the risk and any additional costs associated with this method of transport.
11. If, according to the purchase contract, the seller is obliged 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. In the event that for reasons
on the part of the buyer it is necessary to deliver the goods repeatedly or in a different way than was
specified in the order, the buyer is obliged to pay the costs associated with repeated
delivery of the goods, or costs associated with another delivery method.
12. When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging
of the goods and, in the event of any defects, to notify the carrier immediately. In case
the packaging is found to be damaged, indicating an unauthorized intrusion into the shipment,
the buyer does not have to take over the shipment from the carrier.
13. The seller issues a tax document - an invoice - to the buyer. The tax receipt is sent to the buyer's e-mail address.
14. The buyer acquires the ownership right to the goods by paying the full purchase price for the goods including
delivery costs, but first by taking over the goods.
15. Liability for accidental destruction, damage or loss of goods passes to the buyer
at the time of taking over the goods or at the time when the buyer had the obligation to take over the goods
but did not do so in violation of the purchase contract.
VI.
Withdrawal from the contract
1. A buyer who concluded a purchase contract outside of his business activity as a
consumer has the right to withdraw from the purchase contract.
2. The deadline for withdrawing from the contract is 14 days
- from the day of acceptance of the goods,
- from the day of acceptance of the last delivery of goods, if the subject of the contract is several types of goods
or delivery of several parts,
- from acceptance of the first delivery of goods, if the subject of the contract is regular repeated
delivery of goods.
3. The buyer cannot, among other things, withdraw from the purchase contract
- in other cases specified in § 1837 of the Civil Code.
4. In order to comply with the withdrawal period, the buyer must send a
withdrawal statement within the withdrawal period.
5. Withdrawal from the purchase contract shall be sent by the buyer to the e-mail or delivery address
of the seller specified in these terms and conditions. The seller will confirm receipt of the form to the buyer without delay.
6. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days
of the withdrawal from the contract to the seller. The buyer bears the costs associated with returning
the goods to the seller, even if the goods cannot be returned due to their
nature by the usual postal route.
7. If the buyer withdraws from the contract, the seller shall return to him immediately, but no later than within
14 days of withdrawal from the contract, all funds, including the costs of
delivery, which he received from him, in the same way. The seller will return the received
money to the buyer in another way only if the buyer agrees and if it does not incur additional costs.
8. If the buyer has chosen a different method of delivery of the goods than the cheapest method offered by the seller, the seller will refund the cost of delivery of the goods to the buyer in the amount corresponding to the cheapest method of delivery of the goods offered.
9. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer hands over the goods to him or proves that he has sent the goods to the seller.
10. The goods must be returned by the buyer to the seller undamaged, unworn and unsoiled
and, if possible, in the original packaging. The seller is entitled to unilaterally set off a claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.
11. The seller is entitled to withdraw from the purchase contract due to stock out,
unavailability of the goods, or when the manufacturer, importer or supplier of the goods has stopped the production
or importation of the goods. The seller immediately informs the buyer via the email address specified in the order and returns within 14 days from the notification of
withdrawal from the purchase contract all funds, including delivery costs,
which he received from him on the basis of the contract, in the same way, or in a manner
specified by the buyer.
VII.
Out-of-court settlement of disputes
1. Out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: https://adr.coi.cz/cs . The online dispute resolution platform located at the Internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.
2. The European Consumer Center Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point according to Regulation of the European Parliament and the Council (EU) no. 524/2013 of 21 of May 2013 on the resolution of consumer disputes online and on the amendment of Regulation (EC) no. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).
3. The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Czech Trade Inspection carries out, to a defined extent, among other things, the supervision of compliance with Act No. 634/1992 Coll., on consumer protection."
VIII.
Rights from defective performance
1. The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular,
the seller is responsible to the buyer that at the time when the buyer took over the goods:
- the goods have the properties agreed upon by the parties, and if there is no agreement, they have such properties
which the seller or the manufacturer described or which the buyer expected with regard to the
nature of the goods and based on the advertising carried out by them,
- the goods are suitable for the purpose for which the seller states for their use or for which the goods
of this kind are usually used,
- the quality or design of the goods corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model, - the goods are in the appropriate quantity, measure or weight, and - the goods comply with the requirements of legal regulations.
2. The buyer's right from defective performance is based on a defect that the goods have when the risk of damage is transferred to the buyer (handover of the goods), even if it becomes apparent only later. The right of the
buyer is also established by a defect that arose later, which the seller caused by breaching his
obligation. If a defect becomes apparent within six months of receipt, it is considered that the goods
were already defective upon receipt.
3. If defective performance is a substantial breach of the contract, the buyer has the right:
- to eliminate the defect by delivering new goods without defects or by supplying missing
goods,
- to eliminate the defect by repairing the goods,
- to a reasonable discount from purchased goods, or
- withdraw from the contract.
4. The buyer shall inform the seller which right he has chosen upon notification of the defect or without undue delay after notification of the defect. The choice made cannot be changed by the buyer without the consent of the seller; this does not apply if the buyer requested repair of the goods, which turn out to be
irreparable. If the seller does not remove the defects within a reasonable period of time or if he informs the buyer that he will not remove the defects, the buyer may demand a reasonable discount from the purchase price instead of removing the defect, or may withdraw from the contract. If the buyer does not choose his right in time, he has
the rights according to 5.
5. If defective performance is an insignificant breach of contract, the buyer has the right to remove
the defect, or to a reasonable discount from the purchase price. As long as the buyer does not exercise the right to a
discount from the purchase price or withdraw from the contract, the seller can supply what is missing
or remove the legal defect. Other defects can be removed by the seller at his option
by repairing the goods or by delivering a new item; the choice must not cause unreasonable
costs to the buyer. If the seller does not remove the defect in the goods in time or refuses to remove the defect,
the buyer can demand a discount from the purchase price, or he can withdraw from the contract.
The choice made cannot be changed by the buyer without the consent of the seller.
6. Upon delivery of new goods, the buyer returns the originally
delivered goods to the seller at his expense.
7. The buyer cannot withdraw from the contract or demand the delivery of new goods, if they could not return the goods in the condition in which they were received. This does not apply,
- if the condition has changed as a result of an inspection to detect a defect in the goods,
- if the buyer used the goods before the defect was discovered,
- if the buyer did not make it impossible to return the goods in an unchanged condition by action
or omission, or
- if the buyer sold the goods before the defect was discovered, if he consumed them, or
if he changed the goods during normal use; if this happened only in part, the buyer
will return to the seller what he can still return and will give compensation to the seller up to the amount in which
he benefited from the use of the goods.
8. If the goods do not have the characteristics specified in Art. 8, the buyer may request the delivery of new
goods without defects, if this is not unreasonable due to the nature of the defect, but if the defect
relates only to a part of the goods, the buyer may only request the replacement of the part; if this is not
possible, he may withdraw from the contract. However, if this is disproportionate due to the nature of the defect,
especially if the defect can be removed without unnecessary delay, the buyer has the right to free
removal of the defect. The buyer has the right to deliver new goods or replace a part even in the case of a removable defect, if he cannot properly use the goods due to the repeated occurrence of the defect after repair or for a larger number of defects. In such a case, the buyer has the right to withdraw from the
contract. If the buyer does not withdraw from the contract or if he does not exercise the right to deliver
new goods without defects, to exchange a part of it or to repair the goods, he may
demand a reasonable discount. The buyer has the right to a reasonable discount even if the seller cannot deliver new goods without defects, replace a part of them or repair the goods, as well as if the seller does not seek remedial action within a reasonable time or if
would cause significant difficulties for the consumer to obtain redress.
9. The buyer is entitled to exercise the right from a defect that occurs in the goods within twenty
four (24) months from receipt. If the time during which the goods can be used is indicated on the sold goods, on their packaging, in the instructions
attached to the goods or in advertising in accordance with other legal regulations, the provisions on the quality guarantee shall apply, i.e. that the goods
will for a certain period be suitable for use for the usual purpose or that they will retain their usual
properties. The buyer has the right to be reimbursed for the costs purposefully incurred when exercising
the right according to this paragraph.
10. If the buyer requests it, the seller will confirm to him in writing the extent and duration of his obligations in case of defective performance. In the confirmation, he will also state his
name, address and identifying information, as well as other information necessary to establish his
identity. If the buyer asserts a right from defective performance, the other party will confirm to him in writing when he asserted the right, as well as the execution of the repair and its duration.
11. When returning an order, it is always necessary to pack the goods well and correctly. If the goods are damaged during transport back to the sender, the claim / withdrawal from the contract may not be recognized in full.
12. The buyer is informed about the handling of the complaint electronically, by phone or in writing, within 30 days of its receipt.
IX.
Delivery
1. The contracting parties may deliver all written correspondence to each other
via electronic mail.
2. The buyer delivers correspondence to the seller to the e-mail address specified in these
business conditions. The seller delivers correspondence to the buyer to the e-mail
address specified in his customer account or in the order.
X.
Personal data
1. All information provided by the buyer when working with the seller is confidential and
will be treated as such. If the buyer does not give written permission to the seller, the seller will not use the data about the
buyer in any other way than for the purpose of fulfilling the contract,
with the exception of e-mail addresses to which commercial messages can be sent, as this
procedure is permitted by law , unless expressly refused. These messages may concern
only similar or related goods and can be unsubscribed at any time in a simple way
(by sending a letter, e-mail or clicking on a link in a commercial message). The email address will be kept for this purpose for 3 years from the conclusion of the last
contract between the contracting parties.
We determine your satisfaction with the purchase through e-mail questionnaires as part of the Verified by customers program, in which our e-shop is involved. We send them to you every time you make a purchase from us, if in the sense of § 7 par. 3 of Act no. 480/2004 Coll. about some services of the information society, you do not refuse their sending. We process personal data for the purpose of sending questionnaires as part of the Verified by Customers program based on our legitimate interest, which consists in ascertaining your satisfaction with your purchase from us. For sending questionnaires, evaluating your feedback and analyzing our market position, we use a processor that is the operator of the Heureka portal.Czech Republic; for these purposes, we may pass on information about the purchased goods and your e-mail address. When sending e-mail questionnaires, your personal data is not passed on to any third party for its own purposes. You can object to the sending of e-mail questionnaires as part of the Verified by Customers program at any time by refusing further questionnaires using the link in the e-mail with the questionnaire. In case of your objection, we will not send you the questionnaire any further.
2. More detailed information about personal data protection can be found in the Personal Data Protection Policy.
XI.
Final Provisions
1. All arrangements between the seller and the buyer are governed by the legal order of the Czech Republic.
If the relationship established by the purchase contract contains an international element, then the parties agree
that the relationship is governed by the law of the Czech Republic. This does not affect consumer rights
arising from generally binding legal regulations.
2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of
stipulations § 1826 para. 1 letter e) of the Civil Code.
3. All rights to the Seller's website, in particular copyright to the content,
including page layout, photos, movies, graphics, trademarks, logos and other content and
elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website
or its part without the consent of the seller.
4. The seller is not responsible for errors arising as a result of interventions by third parties in the
online store or as a result of its use contrary to its purpose. When using the online store, the buyer may not
use procedures that could have a negative effect on
its operation and may not perform any activity that could allow him or third parties
to tamper with or use software or other
components making up the online store and use the online store or its parts or
software equipment in a way that would be contrary to its purpose or purpose.
5. The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765 para. 2 of the Civil Code.
6. The purchase contract, including the terms and conditions, is archived by the seller in electronic
form and is not accessible.
7. The seller may change or supplement the wording of the terms and conditions. This provision
does not affect the rights and obligations arising during the period of validity of the previous version
of the terms and conditions.
These terms and conditions become effective on 2572023
