GENERAL TERMS AND CONDITIONS
I. Introductory Provisions
- There General Business Terms and Conditions (hereinafter referred to as the „Business Terms“ are issued pursuant to Section 1751 et seq. Of Act No. 89/2012 Coll., The Civil Code“ („the Civil Code“)
MY FLORIST, Ltd.
Company ID / VAT no. CZ04185862
Company ID / VAT no. CZ04185862
with registered office: Soukenicka 1095/24, 110 00 Prague 1, Czech republic
registered with the Commercial Register of the Municipal Court in Prague C 243662
registered with the Commercial Register of the Municipal Court in Prague C 243662
(further referred to as „The Seller“)
- These Business Terms shall govern, in particular, the rights and obligations of the vendor and the physical person who concludes a sales contract for his businness activity as a consumer or in the course of his business (hereinafter referred to as „The Buyer“) through a web site located at www.myflorist.cz (hereinafter referred to as the “Internet Shop”).
- The Provision of these Business Terms are an integral part of the Purchase Agreement. Distinctive arrangements in the Purchase Agreement take precedence over the provisions of these Business Terms.
- These Business Terms and the Purchase Agreement shall be concluded in Czech and English languages.
II. Product and Price Information
- Information about the goods, including the prices of individual goods and their main features, are given for individual goods in the internet shop catalogue. Prices of the goods are quoted including value added tax, all associated fees, and the cost of returning the goods if the goods cannot be returned by a normal postal route. Product prices remain valid for as long as they are displayed in the Internet Shop. This provision does not preclude the negotiation of a Purchase Agreement under individually negotiated terms.
- All presentation of the goods placed in the Internet Shop catalogue are informative and the Seller is not obliged to conclude a Purchase Agreement for these goods.
- Information on costs associated with packing and delivery of goods is published in the Internet Shop. Information on the costs associated with the packing and delivery of goods listed in the Internet Shop is valid only in cases where the goods are delivered within the territory of the City of Prague.
- Any discounts on the purchase price of the goods cannot be combined, unless the Seller and the Buyer agree otherwise.
III. Substitution Policy
- In some cases, the photo of the goods, especially floral arrangements, may represent an overall theme or look. Although the actual bouquet may not precisely match the photo, its temperament will. Occasionally, the substitutions of flowers or containers happen due to weather, seasonality, market and stock conditions which may affect availability. If this is the case with the gift you have selected, we will ensure, that the style, theme and colour scheme of your arrangement is preserved and will only substitute items of equal or higher value.
IV. The Order and Conclusion of the Purchase Agreement
- Costs incurred by the Buyer when using distance means of communication in connection with the conclusion of the Purchase Agreement (costs of internet connection, costs of telephone calls (shall be borne by the Buyer himself. These costs do not differ from the basic rate.
- The Buyer carries out the order of the goods in the following ways:
- Through his customer account, if he has previously registered in the Internet Shop,
- Filling in the order form without registration.
- When placing an order, the Buyer selects the goods, the number of items, the way of payment and delivery.
- Before sending the order, the Buyer is authorised to check or modify the data he has placed in the order. The order is sent by the Buyer to the Seller by clicking on the “send” button. The data listed in the order are deemed to be correct by the Seller. The condition of the validity of the order is the filling of all required data in the order form and confirmation by the Buyer that he has become acquainted with these Business Terms.
- Immediately upon receipt of the order, the Seller shall send the Buyer an acknowledgement of receipt of the order to the email address entered by the Buyer upon ordering. This acknowledgement is deemed to be the conclusion of the Purchase Agreement. The Purchase Agreement is concluded by the Seller´s confirmation of the order at the Buyer´s email address.
- If any of the requirements specified in the order cannot be fulfilled by the Seller, the Buyer will be sent a modified offer to his/her email address. The amended offer is considered to be a new draft Purchase Agreement and the Purchase Agreement is then valid by a Buyer's confirmation of acceptance of the offer to the Seller at his contact email address specified in these Business Terms.
- All orders received by the Seller are binding. The Buyer may cancel the order until the Buyer receives a notice of acceptance of the order by the Seller. The Buyer may cancel the order by phone to the Seller's contact telephone number or email specified in these Business Terms.
- In the event of an obvious technical error on behalf of the Seller related to the price of the goods in the Internet Shop or during placing an order, the Seller is not obliged to deliver the goods to the Buyer at such obviously erroneous price, even if the Buyer has been sent an automatic confirmation to received an order in accordance with these Business Terms.The Seller will inform the Buyer of the error without undue delay and will send the Buyer a modified offer to his/her email address. The revised order is considered as a new draft Purchase Agreement, and the Purchase Agreement is then concluded by the Buyer's acceptance received at email address of the Seller.
V. Customer's Account
- The Buyer can access his/her customer account based on the Buyer´s registration in the Internet Shop. From his/her customer account The Buyer can order the goods. The Buyer can also order the goods without registration.
- When registering to the customer´s account and when ordering the goods, the Buyer is obliged to indicate correctly and truthfully all necessary data. The Buyer is obliged to update the data listen in the customer´s account in case of any changes. The details given by the Buyer in the customer´s account and when ordering the goods are considered by the Seller as correct.
- Access to the customer´s account is secured by user´s name and a password. The Buyer is required to maintain confidentiality regarding the information necessary to access his customer´s account. The Seller is not responsible for any misuse of the customer´s account by third parties.
- The Buyer is not entitled to allow the use of the customer´s account to third parties.
- The Seller may cancel the customer´s account, especially if the Buyer doesn’t use his customer´s account any longer, or if the Buyer violates his obligations under the Purchase Agreement and these Business Terms.
- The Buyer acknowledges that the customer´s account may not be available continuously, especially with regards to the necessary maintenance of the hardware and software of the Seller, or maintenance of hardware and software of third parties.
VI. Payment terms and delivery of goods
- The Buyer shall pay the price of the goods and any costs associated with the delivery of goods under the Purchase Agreement in the following ways:
- credit card non-cash,
- Non-cash transfer to the Seller´s account through a payment gateway,
- Cash or credit card upon personal collection at the premises, and only if the goods are not delivered to a third party.
- Together with the purchase price for the goods, the Buyer is required to pay the Seller the cost associated with the packaging and delivery of the goods at the agreed rate. Unless otherwise specified, the purchase price for the goods and the cost associated with the delivery of the goods are further understood to be the purchase price. The Seller uses a contract courier to deliver the goods to the address stated in the order by a Customer.
- In case of cash payments the purchase price shall be payable upon receipt of the goods.
- In case of payment through payment gateway, the Buyer proceeds according to the instructions of the relevant payment provider.
- In case of a 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.
- The Seller shall not require from the Buyer a deposit or other similar payment in advance. Payment of the purchase prices before shipment of goods is not a deposit payment.
- Under the Sales Records Act, the Seller is required to issue a receipt to the Buyer. At the same time, the Seller is obliged to register the received revenue with the tax administrator online, in the event of a technical problem not later than 48 hours.
- The goods are delivered to the Buyer:
- to the address specified by the Buyer in the order,
- by a personal pick-up at the Seller´s premises.
- The delivery method is chosen during ordering of the goods.
- If the Buyer chooses to pick up goods at the Seller´s premises, he can do so within usual opening hours unless the Buyer and the Seller explicitly agree otherwise.
- If the Buyer chooses to deliver the goods by a courier, the courier will deliver the goods to the address specified in the order within the specified deadline. If the recipient of the goods is not available at the address specified by the Buyer, the courier shall contact the Seller to agree on further procedure. Further procedure may be a repeated delivery of goods at extra charge or returning the goods to the Seller´s premises.
- If the undeliverable goods are returned to the Seller´s premises, the Buyer is obliged to pick-up the goods without undue delay. If the Buyer fails to do so, the Seller is entitled to destroy these goods after the expiration without the Buyer´s claim for any financial compensation or refund of the purchase price. For the purpose of this provision, the expiration period of any flowers shall be 3 days.
- Costs of delivery of goods depending on the method of delivery and receipt of the goods are stated in the Buyer´s order and in the order confirmation by the Seller. If the method of delivery is agreed upon by a Buyer´s special request, the Buyer bears the risk of any additional costs associated with this method of delivery.
- The Seller is required to deliver the goods to a place specified by the Buyer under the purchase order. If, for legitimate reasons, there is a repeated delivery of the goods to the place specified in the order, the Buyer is obliged to pay the costs associated with such repeated delivery of the goods.
- The Seller shall issue to the Buyer a tax document – an invoice. The invoice is sent to the Buyer´s email address.
- The Buyer acquired ownership of the goods by paying the full purchase prices for the goods, including delivery costs. Liability for accidental destruction, damage or loss of goods is transferred to the Buyer at the moment of receipt of the goods.
VII. Withdrawal from the Purchase Agreement
- The Buyer, who has concluded the Purchase Agreement outside his/her business as a consumer, has the right to withdraw from the Purchase Agreement.
- The withdrawal period shall be 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 Purchase Agreement is several types of goods or delivery of several parts,
- from the date of receipt of the first delivery of the goods, if the subject of the Purchase Agreement is a regular repeated delivery of the goods.
- The Buyer cannot, inter alia, withdraw from the Purchase Agreement:
- on the provisions of services if they were fulfilled with his prior express consent prior to the expiration of the withdrawal period and the Seller informed the Buyer that before concluding the Purchase Agreement, he would not have the right to withdraw from the Purchase Agreement in such case,
- on the supply of goods or services, the price of which depends on financial market deflections, independent of the Seller´s will,
- on the supply of the goods which have been adjusted according to the Buyer´s wish or for him/her personally,
- on delivery of perishable goods as well as the goods that have been mixed with other goods after delivery,
- on delivery of goods in closed packaging which the Buyer has removed from the packaging and for hygienic reasons it cannot be returned,
- in other cases mentioned in Section 1837 of the Civil Code.
- In order to comply with the withdrawal period, the Buyer must send a cancellation notice within the withdrawal period.
- In order to withdraw from the Purchase Agreement, the Buyer shall use the sample withdrawal form provided by the Seller. The Buyer sends filled out withdrawal form to the Seller´s email address specified in these Business Terms. The Seller shall acknowledge receipt of the form without undue delay to the Buyer.
- The Buyer, who has withdrawn from the Purchase Agreement, is obliged to return the goods to the Seller within 14 days of the withdrawal of the Purchase Agreement from the Seller. The Buyer bears the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by a normal postal route.
- If the Buyer withdraws from the Purchase Agreement, the Seller shall return with undue delay but not later than within 14 days of withdrawal from the Purchase Agreement, all costs, including delivery costs received by the Seller, in the same manner. The Seller will return the costs in a different manner only upon the Buyer´s prior agreement and this does not incur any additional costs.
- If the Buyer chooses a different than the cheapest way of delivering the goods the Seller offer, the Seller will pay the Buyer the cost of delivering the goods corresponding to the cheapest way of delivering the goods.
- If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the received finances to the Buyer before the Buyer delivers or proves that the goods have been dispatched to the Seller.
- The goods must be returned by the Buyer to the Seller undamaged, unused and unpolluted and, if possible, in the original packaging. The Seller is entitled to indemnify the Seller against the Buyer´s claim for repayment of the purchase price.
- The Seller is entitled to withdraw from the Purchase Agreement to the resale of the stock, the unavailability of the goods, or when the manufacturer, importer or other supplier of the goods has interrupted the production or importation of the goods. The Seller shall immediately inform the Buyer via email address given in the order and within 14 days of the notice of withdrawal of the Purchase Agreement, return all finances, including delivery costs, received by him under the Purchase Agreement, in the same manner or in the way specified by the Buyer.
VIII. Rights from the defective fulfilment
- The Seller shall be liable to the Buyer for the goods not to be defective upon takeover. In particular, the Seller shall be liable to the Buyer that at the time the Buyer took over the goods:
- the goods have characteristics that both parties have negotiated and if the arrangement is lacking, it has characteristics that the Seller or the manufacturer has described or which the Buyer expects with regard to the nature of the goods and the advertising made,
- the goods are fit for the purpose for which the Seller indicates or to which goods of this type are normally used,
- the goods correspond to the quality or performance of the agreed sample or original if the quality or design was determined according to the agreed sample or original,
- the goods are in the appropriate quantity, degree or weight; and the goods comply with legal requirements.
- The Buyer is obliged to inspect the goods personally at the Seller's premises and to apply any claims immediately to the Supplier upon any defects identified. In case the Seller acknowledges the goods to be defective, the Seller shall be obliged to exchange such goods, either in part or as a whole.
- In the case of delivery of goods by a courier, the recipient is obliged to inspect the goods and make any claims immediately. Later complaints will not be accepted.
- If the goods are identified by the Seller to be defective, the Buyer is obliged to inform the Seller of this fact within 48 hours of receipt of the goods. Upon acknowledgment of a hidden defect, the Seller is obliged to provide the Buyer with a reasonable discount on the purchase price or the replacement of the goods or parts thereof.
- The Seller or a person authorized by him shall decide on the claim immediately and inform the Buyer of the outcome of the claim.
- The right of defective performance of the Buyer does not apply if the Buyer knew before the takeover of the thing that the matter was defective or if the Buyer caused the defect himself.
- In the event of a legitimate claim, the buyer is entitled to a refund of the expense incurred in connection with the claim. This right may be exercised by the buyer at the seller within one month after the expiration of the warranty period.
- The Buyer has the choice of a complaint.
- The rights and obligations of the contracting parties regarding rights to defective performance are governed by Sections 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and by Law No. 634/1992 Coll., On Consumer Protection.
- The Contracting Parties may deliver all correspondence in writing via email.
- The Buyer delivers correspondence to the Seller's to the email address given in these Business Terms. Seller sends the correspondence to the Buyer at the email address listed in his customer account or in the order.
X. Out of Court Disputes
- The out-of-court settlement of consumer disputes under the Purchase Agreement is the responsibility of the Czech Trade Inspection, with its registered office at Stepanska 567/15, 120 00 Prague 2, ID: 000 20 869, Internet address: https://adr.coi.cz/cs. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer from the Purchase Agreement.
- European Consumer Centre Czech Republic, with its registered office at Stepanska 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of on 21 May 2013 on consumer dispute resolution online and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Consumer Dispute Resolution Online Regulation).
- The Seller is authorized to sell goods on the basis of a trade license. The trade control is carried out within the scope of its competence by the relevant Trade Licensing Office. The Czech Trade Inspection exercises, inter alia, the supervision of the observance of the Consumer Protection Act No. 634/1992 Coll.
XI. Final Provisions
- Znění obchodních podmínek může prodávající měnit či doplňovat. Tímto ustanovením nejsou dotčena práva a povinnosti vzniklá po dobu účinnosti předchozího znění obchodních podmínek.
- All agreements between the Seller and the Buyer are governed under the legal order of the Czech Republic. If a relationship based on a Purchase Agreement contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the consumer's rights under generally binding legal regulations.
- The Seller is not bound by the Code of Conduct in relation to the Buyer within the meaning of Section 1826 (1) e) the Civil Code.
- All rights to the Seller's website, in particular copyrights to the content, including the layout of the site, photos, films, graphics, trademarks, logos, and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the Website or any part thereof without the Seller's consent.
- The Seller shall not be held liable for any errors resulting from third-party interference with the Internet Shop or as a result of its use contrary to its intended use. The Buyer may not use procedures that may adversely affect their operation and may not engage in any activity that could allow them or third parties to tamper with or improperly use software or other components that make up the Internet Shop and use the Internet Shop or its parts or software in a way that is inconsistent with its purpose or purpose.
- The Buyer hereby takes on the risk of changing circumstances in accordance with Section 1765 (2) of the Civil Code.
- The Purchase Agreement, including the Business Terms, is archived by the Seller in electronic form and is not accessible.
- The Seller may change or add the wording of the Business Terms. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the Business Terms.
These Terms and Conditions take effect on March 17, 2019.