General Terms and Conditions

General Terms and Conditions
effective from 22.10.2024

 

I.

Introduction and Definitions

 

1.   These General Terms and Conditions (hereinafter referred to as "Terms & Conditions") are effective in accordance with act. no. 89/2012 § 1751 et seq. of the Czech Civil Code (hereinafter referred to as "Civil Code")

 

REGISTERED ADDRESS

 

Lubomír Dufek

Galerie Kopretina Chomutov

Přeskaky 4

438 01 Chbany

Registration number: 66641381

Tax (VAT) number: CZ7709062471

 

CONTACT INFORMATION

 

Galerie Kopretina Chomutov

Zborovská 5486

430 01 Chomutov

Email: galeriekopretina@gmail.com

Tel:  +420 608 888 734

Web: kopretinachomutov.cz

(hereinafter referred to as "Seller")

 

1.   These terms and conditions govern the mutual rights and responsibilities of the seller and the consumer. The consumer is understood to be any person or persons entering freely into a contractual relationship with the Seller. Sole Traders or Corporations are understood to be a business contractual party. All such persons, entities or Corporations shall be (hereinafter referred to as the "Buyer")

 All transactions and contractual relationships are concluded online on the Seller´s website at kopretinachomutov.cz (hereinafter referred to as "online store").

2.   These Terms & Conditions form an integral part of the Sales Agreement. Any deviating provisions in the Sales Agreement shall have precedence over and above these Terms & Conditions.

3.   These Terms & Conditions are written in the Czech language and are goverened by the laws of the Czech Republic.

 

 

II.

Purchase Order and Sales Agreement

 

1.   Any internet connection, telephone or other costs incurred by the buyer to complete the order online and enter into a Sales Agreement with the Seller shall be solely paid by the buyer himself. These costs should be in line with any basic rate telecom connection charges.

2.   The Buyer can place his order for any goods available on the Seller´s website in the following manner:

      a. through a customer account, if available, provided that a previous registration and approval of such account was confirmed;

      b. completing the order without any prior registration;  

      c. by calling our store on +420 608 888 734 any business days between the hours of 8⁰⁰ am - 5⁰⁰ pm; 

      d. by email sent to the Seller´s email address at galeriekopretina@gmail.com;

3.   All goods and items illustrated on the website are purely informative and the Seller has no obligation to enter into any binding Sales Agreement with the Buyer. The provisions of section 1732, paragraph 2 of the Civil Code are not applicable.

4.   The website contains information about the goods, including the prices of individual items. The prices of goods are listed including value added tax. The prices of goods remain valid during the time they are displayed on the website. The Seller reserves the right to enter into a Sales Agreement with the Buyer at individually agreed conditions.

5.   The website lists information about the costs associated with the delivery of the goods. 

6.   Any valid order placed by the Buyer must contain the following information:

      a. the description, size and quantity of any item ordered on the website. All selected goods shall be "placed" by the buyer in the website´s shopping basket;

      b. recipient´s name, delivery address, delivery date, time, message and any special requests by the Seller. Special requests cannot be guaranteed but will always be taken into consideration;

      c. any goods or items intended for overseas delivery, if such service is available, require a selection of a final country of delivery;

      d. selection of a valid payment method. Selection of a delivery methor or in-store collection and confirming the delivery charges.

(hereinafter items 6a - 6d referred to as the "Sales Order")

7.   The Buyer has the right to check the sales order and make any changes prior to completing the order. The order is completed by clicking on the "Pay" button. The Seller deems the information provided by the Buyer in the sales order as complete and correct;

8.   Completing the order is considered to be an act of the buyer that unambiguously identifies the goods ordered, the purchase price, the recipient, delivery information, the method of payment of the purchase price and the chosen method of delivery. Both contractual parties agree that by completing the order they both are entering into a valid sales agreement. By completing the order on the seller´s website, the buyer confirms that he/she has read, understood and agreed to these terms and conditions;

9.   The Seller shall send an order summary to the buyer immedialy following the receipt of a completed and valid sales order. This confirmation shall be sent by email to the email address provided by the buyer in the sales order or to such an email address as saved on the buyer´s registered account. (hereinafter referred to as the "buyer's email address");

10. The seller has the right to request further confirmation from the buyer prior to completing and delivering the ordered items or goods. This can be requested by phone, text or email;

11. The contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer´s email address;

12. The order is considered valid only after payment is received and cleared in the seller´s account. All online payments completed through GoPay, Stripe, credit or debit card, PayPal, Apple Pay or Google Pay is deemed as valid following the receipt of approval from the authorisation centre;

13. The buyer agrees to electronic means of communication with the seller when concluding the sales agreement;

 

III.

Product price and payment terms

 

1.   Information about the goods, including the prices of the individual goods and their main features, is given for the individual goods in the catalog of the online store. The prices of goods are listed including value added tax. 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 of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods.

3.   Information on 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.

5.   The buyer can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract to the seller in the following ways:

     a. by cashless transfer to the seller's account via the GoPay payment gateway;

     b. cashless via the PayPal payment system;

     c. cashless by payment card;

     d. cashless via internet banking to the seller's account via the GoPay payment gateway;

     e. in cash or by payment card when collecting in person at the address of the seller's place of business;

     f. by invoice (only for approved corporate customers);

     g. cashless via the Google Pay payment system;

     h. cashless via the Apple Pay payment system;

6.   Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with the 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.

7.   In the case of payment via a payment gateway, the buyer follows the instructions of the relevant electronic payment provider

8.   In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's bank account.

9.   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.

10. In the case of payment in cash on delivery, the purchase price is payable upon receipt of the goods. In the case of payment in cash with delivery, the price is payable before the delivery of the goods.

11. Prodávající je plátcem daně z přidané hodnoty. The seller issues the tax document to the buyer after payment of the price of the goods and sends it in electronic form to the buyer's e-mail address.

IV.

Delivery conditions and delivery of goods

 

1. The goods are delivered to the buyer by the seller's own couriers, via a courier service or via a contractual partner.

2. In case of impossibility of delivery of the order to the selected destination, or to the address specified in the order, the buyer will be informed of this without undue delay and his full payment will be returned to him as soon as possible, but no later than 7 days from the selected delivery date .

3. In the event that it is not possible to contact the recipient at the desired delivery time at the recipient's address specified by the buyer in the order, the seller or their authorized courier, courier service or contractual partner reserves the right to leave the order in a safe place (e.g. in the neighborhood) and at the same time message to the recipient where his order is located. This notification will be sent via SMS to the recipient's number specified in the order.

4. In the case of delivery to addresses where the goods are taken over by a third party, such as hospitals, office buildings, funeral homes, airports, hotels, ships and other corporate, business or commercial locations, the signature of a person made on behalf of the organization is considered to be the acceptance of the goods. If the buyer wishes to have the goods delivered to the above mentioned locations, he is obliged to check the possibility of delivery directly.

5. The buyer acknowledges that the flowers illustrated in the online store catalog are in full bloom and are delivered in most cases before full bloom, so that recipients can enjoy themselves for as long as possible.

6. Within the illustration of flowers with variants in the flower catalog, the largest variant of the bouquet is always depicted.

7. The seller reserves the right to replace currently unavailable elements of the bouquet and gift baskets in terms of type or color with another element of the same or higher value (without affecting the final price) and always in such a way that the original aesthetic character of the flower or gift basket is preserved, and even without prior notice due to local stocks, seasonality or availability at the final destination.

8.   Flowers and gifts for flowers can be delivered on the territory of the Czech Republic on working days on the same day for all orders paid by 16:00 hours

9.   Gift baskets can be delivered separately on the following working day in the territory of the Czech Republic for all orders received before 16:00 hours. at least one working day before the desired delivery date.

 

F L O W E R  D E L I V E R Y

Business Days

Chomutov 100 CZK surrounding towns from 115 CZK based on distance Same-day delivery is possible on all orders received and paid by 1600 hours

Weekends and Public Holidays

Chomutov 100 CZK okolí od 115 CZK based on distance Delivery is possible on all orders received and paid by 1600 hours on Friday or the last business day before a public holiday

 

V.

Complaints

 

1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).

2. The seller guarantees 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 the buyer took over the goods:

a. the goods have the properties that the parties have agreed upon, and if there is no agreement, they have the properties that the seller or manufacturer has described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,

b. the goods are suitable for the purpose that the seller states for their use or for which goods of this type are usually used,

c. the goods are in the appropriate quantity, measure or weight

d. the goods comply with the requirements of legal regulations.

3. Due to the nature of the goods that are offered through the online store and §1921 paragraph 2 Civil Code. of the Code, it is necessary to exercise the right from defective performance without unnecessary delay after the goods have been taken over, and no later than 24 hours after taking them over in the case of live flowers. In the case of other products, until their minimum shelf life.

4. The seller is not responsible for the delay or cancellation of the delivery due to delivery data entered incorrectly by the buyer or not verified in advance, such as the recipient's address and contact details, the presence of the recipient at the specified address or the recipient's wrong phone number.

5. Rights from defective performance are exercised by the buyer at the seller's address.

 

VI.

Withdrawal from the purchase contract

 

1. The buyer (consumer) has the right to withdraw from the purchase contract in accordance with § 1829, paragraph 1 of the Civil Code, within fourteen (14) days of taking over the goods, and in the event that the subject of the purchase contract is several types of goods or delivery several parts, this period runs from the date of acceptance of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence.

2. The buyer acknowledges that according to § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract, among other things:

a. the delivery of goods, the price of which depends on fluctuations in the financial market, independent of the will of the seller, and which may occur during the period for withdrawing from the contract,

b. delivery of alcoholic beverages, which can only be delivered after thirty days and the price of which depends on fluctuations in the financial market independent of the will of the seller,

c. delivery of goods that have been modified according to the wishes of the buyer or for his person

d. delivery of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery,

e. delivery of goods in closed packaging, which the buyer removed from the packaging and for hygienic reasons it is not possible to return it,

3.   To withdraw from the purchase contract, the buyer can use the sample form provided by the seller on request electronically at the address galeriekopretina@gmail.com. Withdrawal from the purchase contract can be sent by the buyer to, among other things, the address of the seller's registered office or place of business.

4. In case of withdrawal from the purchase contract according to Article VI. terms and conditions, the purchase contract is cancelled from the beginning. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, 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 or courier service.

5. In case of withdrawal from the contract according to Article VI. terms and conditions, the seller will return the funds received from the buyer within fourteen (14) days of the buyer's withdrawal from the purchase contract, in the same way as the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer when the goods are returned by the buyer or in another way, if the buyer agrees and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.

6. The seller is entitled to unilaterally set off the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.

7. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the discontinuing condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift ceases to be effective and the buyer is obliged together with the goods to the seller return the given gift as well.

VII.

Other rights and obligations of the contracting parties

 

1. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 paragraph 1 letter e) of the Civil Code.

2. 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 Office for Personal Data Protection supervises the area of ​​personal data protection. The Czech Trade Inspection, to a defined extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.

3. The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765 paragraph 2 of the Civil Code.

4. In connection with the nature of the goods sold, their seasonality and the direct dependence of availability on the flower exchange, the seller reserves the right to exchange flowers or colors compared to the presented photo.

5. The buyer acknowledges that the photographs of the flowers presented are in full bloom for illustrative purposes and the flower delivered may in certain cases contain flowers in the early stage of flowering.

VIII.

Terms of personal data protection

 

1. The controller of personal data according to Article 4 point 7 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons in connection with the processing of personal data and on the free movement of such data (hereinafter: "GDPR") is the seller.

2. Personal data means all information about an identified or identifiable natural person; an identifiable natural person is a natural person who can be directly or indirectly identified, in particular by reference to a certain identifier, for example a name, identification number, location data, network identifier or to one or more special elements of physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.

3. The administrator did not appoint a personal data protection officer.

4. The administrator processes personal data that you have provided to him/her or personal data that the administrator has obtained based on the fulfillment of your order.

5. The administrator processes your identification and contact data and data necessary for the performance of the contract.

6. The legal reason for processing personal data is:

a. performance of the contract between you and the controller pursuant to Article 6 paragraph 1 letter b) GDPR,

b. legitimate interest of the controller in the provision of direct marketing (especially for sending commercial messages and newsletters) according to Article 6 paragraph 1 letter f) GDPR,

c. Your consent to processing for the purposes of providing direct marketing (in particular for sending business communications and newsletters) pursuant to Article 6 paragraph 1 letter a) GDPR in connection with § 7 paragraph 2 of Act No. 480/2004 Coll., on certain information society services in the event that no goods or services have been ordered.

7. The purpose of personal data processing is:

a. processing your order and exercising rights and obligations arising from the contractual relationship between you and the administrator; when placing an order, personal data are required that are necessary for the successful processing of the order (name and address, contact details, both yours and the recipient's contact details if it is a third party), the provision of personal data is a necessary requirement for concluding and fulfilling the contract, without providing personal data, it is not possible to conclude a contract or fulfill it on the part of the administrator,

b. sending business messages and doing other marketing activities.

8. There is no automatic individual decision-making by the administrator in the sense of Article 22 of the GDPR.

9. The administrator stores personal data:

a. for the period necessary to exercise the rights and obligations arising from the contractual relationship between you and the administrator and the exercise of claims from these contractual relationships (for a period of 15 years from the termination of the contractual relationship).

b. for the period until consent to the processing of personal data for marketing purposes is revoked, a maximum of 15 years, if personal data is processed based on consent.

10. After the personal data retention period has expired, the administrator will delete the personal data.

11. Recipients of personal data are persons

a. participating in the delivery of goods, services and the realization of payments based on the contract,

b. providing e-shop operation services and other services in connection with e-shop operation,

c. providing marketing services.

12. The Administrator may transfer personal data if it is not necessary / intends to transfer personal data to a third country (a country outside the EU) for the purpose of fulfilling the contractual relationship. Recipients of personal data in third countries are service providers directly related to the content of the customer's order.

13. Under the conditions set out in the GDPR, you have:

a. the right to access your personal data according to Article 15 GDPR,

b. the right to correct personal data according to Article 16 of the GDPR, or to restrict processing according to Article 18 of the GDPR.

c. the right to delete personal data according to Article 17 GDPR.

d. the right to object to processing according to Article 21 GDPR a

e. the right to data portability according to Article 20 GDPR.

f. the right to withdraw consent to processing in writing or electronically to the address or email address of the administrator listed in Article III of these terms and conditions.

14. You also have the right to file a complaint with the Office for the Protection of Personal Data if you believe that your right to the protection of personal data has been violated.

15. The administrator declares that he has taken all appropriate technical and organizational measures to secure personal data.

16. The administrator has taken technical measures to secure data stores and personal data stores in paper form, in particular by securing data stores, encryption, regular data backups and an antivirus program

17. The administrator declares that only persons authorized by him have access to personal data.

18. By submitting an order from the online order form, you confirm that you are familiar with the terms of personal data protection and that you accept them in their entirety.

19. You agree to these terms and conditions by checking your consent via the online form. By checking consent, you confirm that you are familiar with the terms of personal data protection and that you accept them in their entirety.

20. The administrator is authorized to change these conditions. It will publish the new version of the personal data protection conditions on its website and at the same time send you the new version of these conditions to your e-mail address that you provided to the administrator.

IX.

Sending commercial messages and storing cookies

 

1. The buyer will be sent information related to the seller's goods, services or company to the buyer's email address only after prior consent. The buyer can revoke this consent at any time.

2. The buyer agrees to save so-called cookies on his computer. In the event that it is possible to make a purchase on the website and to fulfill the seller's obligations from the purchase contract without so-called cookies being stored on the buyer's computer, the buyer can revoke the consent according to the previous sentence at any time.

 

X.

Out-of-court settlement of disputes

 

1. 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, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform located at 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 (EU) No. 524/2013 of the European Parliament and of the Council of on 21 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 the resolution of online consumer disputes).

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. Among other things, the Czech Trade Inspection supervises compliance with Act No. 634/1992 Coll., on consumer protection, within a defined scope.

XI.

Delivery of documents

 

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 email address specified in these terms and conditions. The seller delivers correspondence to the buyer to the email address specified in his customer account or in the order.

 

XII.

Final Provisions

 

1. All arrangements between the seller and the buyer are governed by the legal system 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 within the meaning of the provisions of § 1826 paragraph 1 letter e) of the Civil Code.

3. All rights to the seller's website, especially 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 part of it 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 must not use procedures that could have a negative effect on its operation and must not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store without authorization, or its parts or software equipment in such 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 paragraph 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 wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the effective period of the previous version of the terms and conditions.

 

These terms and conditions take effect on 22.10.2024