I. Basic provisions
1. These general terms and conditions (hereinafter referred to as the “Terms and Conditions”) are issued pursuant to
§ 1751 et seq. of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the “Civil Code”)
GP novum sro registered at the Regional Court in České Budějovice
ID: 28155483
VAT number: CZ28155483
with registered office: Riegrova 1756/51, České Budějovice 370 01
contact details:
e-mail: info@greenguru.czwebsite: www.greenguru.cz
(hereinafter referred to as the "Seller")
THESE TERMS AND CONDITIONS APPLY TO PERSONS OVER 18 YEARS OF AGE. ALL OUR PRODUCTS IN THE ONLINE STORE www.greenguru.cz THEY ARE NOT FOR SALE TO PERSONS UNDER 18 YEARS OF AGE. FOR THIS REASON, AGE VERIFICATION IS REQUIRED FROM THE CONTRACTED CARRIER (PACKAGE / DELIVERY COMPANY) UPON RECEIPT OF THE SHIPMENT. THANK YOU FOR YOUR UNDERSTANDING
1. These terms and conditions govern the mutual rights and obligations of the seller and the physical person
a person who concludes a purchase contract outside their business activities as a consumer,
or within the framework of its business activities (hereinafter referred to as: "buyer") via the website
interface located on a website accessible at the internet address
www.shamind.com (hereinafter referred to as the "online store").
2. The provisions of the terms and conditions are an integral part of the purchase contract. Deviating
The provisions 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 individual goods and their main characteristics, is
listed for individual goods in the online store catalog. The prices of the goods remain in
valid for the period during which they are displayed in the online store. This provision
does not exclude the conclusion of a purchase contract under individually negotiated conditions.
2. All presentation of goods placed in the online store catalog is for informational purposes only.
nature and the seller is not obliged to conclude a purchase contract regarding these goods.
3. Information on the costs associated with packaging and
by delivering the goods.
4. Any discounts on the purchase price of goods cannot be combined with each other unless otherwise agreed.
seller and buyer differently.
III.
Order and conclusion of a purchase contract
1. Costs incurred by the buyer when using means of distance communication in connection with
by concluding a purchase contract (costs of internet connection, costs of telephone calls),
paid by the buyer himself.
2. The buyer places an order for goods in the following ways:
- through their customer account, if they have 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 pieces of goods, and the delivery method.
and payment method.
4. Before sending the order, the buyer is allowed to check and change the data entered into the
placed the order. The buyer sends the order to the seller by clicking the Send button
The data provided in the order are considered correct by the seller.
The condition for the validity of the order is to fill in all mandatory information in the order form.
form and the buyer's confirmation that he has read these terms and conditions.
5. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt.
order to the e-mail address that the buyer entered when ordering. This confirmation is
is considered to be the conclusion of the contract. The purchase contract is concluded by confirming the order
the seller to the buyer's email address.
6. In the event that the seller cannot meet any of the requirements specified in the order,
will send the buyer an amended offer to his/her email address.Amended offer
is considered a new draft 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
stated in these terms and conditions.
7. All orders accepted by the Seller are binding. The Buyer may cancel the order,
until the Buyer receives notification of acceptance of the order by the Seller. Buyer
may cancel the order by calling the seller's phone number or email address provided
in these terms and conditions.
8. In the event that there was an obvious technical error on the part of the seller when stating the price
goods in the online store or during ordering, the seller is not obliged
deliver the goods to the buyer at this clearly incorrect price. The seller informs
the buyer about the error without undue delay and sends it to the buyer's email address
amended offer. The amended offer is considered a new draft purchase contract and
In such a case, the purchase contract is concluded by the buyer's confirmation of receipt by e-mail.
the seller's address.
IV.
Customer account
1. Based on the buyer's registration in the online store, the buyer can
access their customer account. From their customer account, the buyer can
place an order for goods. The buyer can also order goods without registration.
2. When registering for a customer account and ordering goods, the buyer is obliged to provide
all data correctly and truthfully. The data provided in the user account is the buyer's
obliged to update any changes to them. The data provided by the buyer in the customer account
and are considered correct by the seller when ordering goods.
3. Access to the customer account is secured by a username and password. The buyer is
obliged to maintain confidentiality regarding information necessary to access his/her
customer account. The Seller is not responsible for any misuse of the customer account.
account by third parties.
4. The Buyer is not entitled to allow third parties to use the customer account.
5. The seller may cancel the user account, especially if the buyer
the user account is no longer used, or in the event that the buyer breaches his obligations under the purchase agreement
contract or these terms and conditions.
6. The Buyer acknowledges that the user account may not be available continuously, in particular
with regard to the necessary maintenance of the seller's hardware and software equipment, or
necessary maintenance of third-party hardware and software equipment.
IN.
Payment terms and delivery of goods
1. The price of the goods and any costs associated with the delivery of the goods under the purchase contract may
Buyers can pay in the following ways:
- by bank transfer to the seller's bank account, held
at Fio banka as,
- payment upon 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 goods in the agreed amount. Unless otherwise expressly stated below,
The purchase price also includes the costs associated with the delivery of goods.
3. Non-cash payment of the purchase price is due within 14 days of concluding the purchase contract.
4. In the case of payment via a payment gateway, the buyer follows the instructions
the relevant electronic payment provider.
5. The buyer's obligation to pay the purchase price is fulfilled at the moment 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 in advance.
Payment of the purchase price before shipping the goods 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 the case of
technical failure 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 delivery office address specified by the buyer.
9. The choice of delivery method is made when ordering goods.
10. The costs of delivering 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
that the method of transport is agreed upon based on the buyer's special request, bears
The buyer bears the risk and any additional costs associated with this method of transport.
11. If the seller is obliged under the purchase contract to deliver the goods to the place designated 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 buyer's side, the goods must be delivered 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 goods, or costs associated with another method of delivery.
12. When receiving the goods from the carrier, the buyer is obliged to check the integrity of the packaging.
goods and in case of any defects, notify the carrier immediately. In case of
finding damage to the packaging indicating unauthorized entry into the shipment may not
the buyer to take delivery of the shipment from the carrier.
13. The seller issues a tax document – invoice to the buyer. The tax document is sent to
the buyer's email address.
14. The buyer acquires ownership of the goods by paying the full purchase price for the goods, including
delivery costs, but first by taking over the goods.
15. Responsibility for accidental destruction, damage or loss of goods passes to the buyer.
the moment of receipt of the goods or the moment when the buyer was obliged to receive the goods,
but he did not do so, in violation of the purchase contract.
VI.
Withdrawal from the contract
1. The buyer who concluded the purchase contract outside his business activity as
the consumer has the right to withdraw from the purchase contract.
2. The withdrawal period is 14 days.
- from the date of receipt of the goods,
- from the date of receipt of the last delivery of goods, if the subject of the contract is several types of goods
or delivery of several parts,
- from the date of receipt of the first delivery of goods, if the subject of the contract is regular recurring
delivery of goods.
3. The buyer cannot, among other things, withdraw from the purchase contract
- in other cases specified in Section 1837 of the Civil Code.
4. To comply with the withdrawal period, the buyer must send a declaration of
withdrawal within the withdrawal period.
5. The buyer shall send the withdrawal from the purchase contract to the e-mail or delivery address
the seller specified in these terms and conditions. The seller confirms
the buyer immediately upon receipt of the form.
6. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days.
from the withdrawal from the contract to the seller. The buyer bears the costs associated with the return
the goods to the seller, even in the case where the goods cannot be returned for their
nature by regular mail.
7. If the buyer withdraws from the contract, the seller will return the money to him without delay, but no later than
14 days from the date of withdrawal from the contract, all funds including the costs of
delivery received from him, in the same manner. The seller shall return to the buyer the received
monetization of funds in another way only if the buyer agrees to it and if
This will not incur any additional costs.
8. If the buyer has chosen a method of delivery other than the cheapest method offered by the seller
offers, the seller will refund the buyer the costs of delivering the goods in the amount corresponding to
the cheapest offered method of delivering goods.
9.If the buyer withdraws from the purchase contract, the seller is not obliged to return the money received.
funds to the buyer before the buyer hands over the goods or proves that the goods
sent to the seller.
10. The buyer must return the goods to the seller undamaged, unworn and uncontaminated.
and, if possible, in the original packaging. The right to compensation for damage to the goods is
the seller is entitled to unilaterally set off against the buyer's claim for a refund of the purchase price
prices.
11. The seller is entitled to withdraw from the purchase contract due to stock shortages,
unavailability of goods, or when the manufacturer, importer or supplier of goods has discontinued production
or import of goods. The Seller shall immediately inform the Buyer via the email address specified in the order and shall return the
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
to the intended buyer.
VII.
Out-of-court dispute resolution
1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs . The online dispute resolution platform located at the following website address: http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract.
2. European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
3. The seller is authorized to sell goods on the basis of a trade license. Trade license inspection is carried out within the scope of its competence by the relevant trade license office. The Czech Trade Inspection Authority, within a defined scope, also supervises compliance with Act No. 634/1992 Coll., on Consumer Protection."
VIII.
Rights arising from defective performance
1. The seller is responsible to the buyer that the goods are free from defects upon receipt. In particular
The seller is responsible to the buyer that at the time the buyer took over the goods:
- the goods have the properties agreed upon by the parties, and in the absence of such agreement, they have such properties,
which the seller or manufacturer described or which the buyer expected with regard to
the nature of the goods and on the basis of the advertising carried out by them,
- the goods are suitable for the purpose for which the seller states their use or for which the goods are intended
this type usually uses,
- the goods correspond in quality or design to the agreed sample or template, if it was
quality or design determined according to the agreed sample or design,
- 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 to defective performance is based on the defect that the goods have during transfer.
the risk of damage to the buyer (acceptance of the goods), even if it only becomes apparent later. Law
The buyer is also liable for a later defect caused by the seller's breach of his
obligations. If the defect becomes apparent within six months of receipt, the goods are deemed to be
It was defective upon receipt.
3. If the defective performance constitutes a material breach of contract, the buyer has the right:
- to eliminate the defect by delivering new goods without defects or by delivering the missing goods
goods,
- to eliminate the defect by repairing the goods,
- for a reasonable discount on purchased goods, or
- withdraw from the contract.
4. The buyer shall inform the seller of the right he has chosen, when notifying the defect, or without
unnecessary delay after notification of the defect.The buyer cannot change the choice made without
the seller's consent; this does not apply if the buyer requested repair of the goods, which turns out to be
irreparable. If the seller fails to remove the defects within a reasonable time or to notify the buyer,
that the defects will not be removed, the buyer may request a reasonable discount instead of removing the defect
from the purchase price, or may withdraw from the contract. If the buyer does not exercise his right in time, he has
rights under Article 5.
5. If the defective performance is a non-material breach of contract, the buyer has the right to have the defect removed.
defects, or to a reasonable discount on the purchase price. Until the buyer exercises the right to
discount on the purchase price or does not withdraw from the contract, the seller may supply what is missing,
or to remove a legal defect. The seller may remove other defects at his own discretion.
by repairing the goods or delivering a new item; the choice must not cause the buyer unreasonable
costs. If the seller fails to remove the defect in the goods in a timely manner or refuses to remove the defect,
The buyer may request a discount on the purchase price or may withdraw from the contract.
The buyer cannot change the choice made without the seller's consent.
6. When delivering new goods, the buyer returns the goods originally purchased to the seller at the seller's expense.
delivered.
7. The buyer cannot withdraw from the contract or request the delivery of new goods if he cannot return the goods in the condition in which he received them. This does not apply,
- if there has been a change in condition as a result of an inspection to determine a defect in the goods,
- if the buyer used the goods before the defect was discovered,
- if the buyer did not cause the impossibility of returning the goods in an unchanged condition through his actions
or by omission, or
- if the buyer sold the goods before the defect was discovered, if he consumed them, or
if the goods have been altered during normal use; if this has only happened partially, the buyer shall return
to the seller what he can still return, and will give the seller compensation up to the amount in which
benefited from the use of the goods.
8. If the goods do not have the properties specified in Article 8, the buyer may request the delivery of a new one.
goods without defects, unless this is unreasonable given the nature of the defect, but if the defect
concerns only a part of the goods, the buyer may only request the replacement of the part; if this is not the case
possible, may withdraw from the contract. However, if this is disproportionate given the nature of the defect,
In particular, if the defect can be removed without undue delay, the buyer has the right to free
removal of the defect. The buyer also has the right to have new goods delivered or a part replaced.
in the case of a removable defect, if the goods cannot be used properly due to a repeated occurrence
defects after repair or for a larger number of defects. In such a case, the buyer also has the right from
withdraw from the contract. If the buyer does not withdraw from the contract or does not exercise the right to delivery
new goods without defects, for the replacement of its parts or for the repair of the goods, may
to 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 it or the goods
repair, as well as in the event that the seller fails to remedy the defect within a reasonable time or that
obtaining redress would cause significant difficulties for the consumer.
9. The buyer is entitled to exercise the right to a defect that occurs in the goods within twenty
four (24) months from receipt. If the goods sold, on their packaging, in the instructions
attached to the goods or in advertising in accordance with other legal regulations
the period during which the goods can be used, the provisions on the quality guarantee apply, i.e. that the goods
will be fit for use for its usual purpose for a certain period of time or will retain its usual
properties. The buyer has the right to compensation for costs reasonably incurred in exercising
rights under this paragraph.
10. If requested by the buyer, the seller will confirm in writing to what extent and after
how long his obligations last in the event of defective performance.The confirmation will also state your
name, registered office and identifying information, or other information necessary to identify him/her
identity. If the buyer exercises the right from defective performance, the other party shall confirm to him in
in writing, when the right was exercised, as well as the implementation of the correction and its duration.
11. When returning an order, it is always necessary to pack the goods well and correctly. In case of damage
There may be no claim/withdrawal from the contract when the goods are transported back to the sender
recognized in full.
12. The buyer is informed about the settlement of the complaint electronically, by telephone or in writing, and
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 shall deliver correspondence to the Seller to the e-mail address specified in these
terms and conditions. The seller delivers correspondence to the buyer via e-mail
the address specified in his customer account or in the order.
X.
Personal data
1. All information provided by the Buyer in cooperation with the Seller is confidential and
they will be treated as such. Unless the buyer gives the seller written permission, the details of
the buyer will not use the seller in any way other than for the purpose of performance of the contract,
except for the e-mail address to which commercial communications may be sent, as this
the procedure is permitted by law unless expressly refused. These communications may concern
only similar or related goods and can be easily exchanged at any time
(by sending a letter, e-mail or clicking on the link in the commercial communication). The e-mail address will be stored for this purpose for 3 years from the conclusion of the last
contracts between contracting parties.
We determine your satisfaction with your purchase through e-mail questionnaires as part of the Verified by Customers program, in which our e-shop is involved. We send these to you every time you make a purchase from us, unless you refuse to receive them pursuant to Section 7(3) of Act No. 480/2004 Coll. on certain information society services. We process personal data for the purposes of sending questionnaires as part of the Verified by Customers program based on our legitimate interest, which consists of determining your satisfaction with your purchase from us. To send questionnaires, evaluate your feedback, and analyze our market position, we use a processor, which is the operator of the Heureka.cz portal; for these purposes, we may provide information about the purchased goods and your e-mail address to it. When sending e-mail questionnaires, your personal data is not provided to any third party for its own purposes. You can object to receiving email surveys as part of the Verified by Customers program at any time by opting out of further surveys using the link in the survey email. If you object, we will not send you any more surveys.
2. For more detailed information on personal data protection, please see the Privacy Policy.
XI.
Final provisions
1. All agreements between the seller and the buyer are governed by the laws of the Czech Republic.
If the relationship established by the sales contract contains an international element, then the parties agree that
that the relationship is governed by the law of the Czech Republic. This does not affect the rights of the consumer
arising from generally binding legal regulations.
2. The Seller is not bound by any codes of conduct in relation to the Buyer in the sense of
provisions of Section 1826, paragraph 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 prohibited to copy, modify or otherwise use the website
the site or part thereof without the consent of the seller.
4.The seller is not responsible for errors resulting from third party interventions in
of the online store or as a result of its use contrary to its intended purpose. The buyer may not
when using the online store, use practices that could have a negative impact on
its operation and may not perform any activity that could harm him or third parties
allow unauthorized interference or unauthorized use of software or other
components that make up the online store and use the online store or its parts or
software equipment in a manner that would be contrary to its intended purpose or purpose.
5. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765, paragraph 2
Civil Code.
6. The purchase contract, including the terms and conditions, is archived by the seller in an electronic
form and is not accessible.
7. The seller may change or supplement the wording of the terms and conditions. This provision
rights and obligations arising during the period of validity of the previous version are not affected
business conditions.
These terms and conditions come into effect on July 25, 2023.
