the purchase contract is concluded. The seller processes your personal data in such a way that its confidentiality is not compromised and only in accordance with the purpose for which it is needed. In order to deliver the goods, it transmits the contact details to the carrier. More information on the processing and protection of personal data can be found here. PAYMENT The ordered goods can be paid for in the following ways: in cash (upon personal collection), cash on delivery (upon receipt of the shipment from the carrier), transfer to the account (payment in advance). The method of payment can be selected when ordering. In the case of payment in cash, the price is payable upon receipt of the goods. In the case of non-cash payment before delivery of the goods, the price is payable within five days of receipt of the order; payment is deemed to have been made when the relevant amount has been credited to the seller's account. According to the Act on the Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest. By accepting the business conditions, ie by ordering the goods in the e-shop, the buyer gives his consent to the provision of the receipt in electronic form. DELIVERY OF GOODS The time and form of delivery of goods always depends on their availability and on the chosen method of transport and payment. The buyer can choose the method of delivery of goods in the order. When choosing the method of delivery of goods, the buyer is informed of the price of transport, which he is obliged to pay. In the case of bulky, heavy or otherwise poorly transportable goods, the price for transport may be increased or delivery may be limited to personal collection only. The seller will notify the buyer before sending the goods; the buyer has the option to withdraw from the contract if he does not agree with the price of transport or if he does not agree with the seller on the method of delivery of goods. Personal collection of goods is possible in the Bio-farm indoor store in Zlín, at the time when the store is open, or by agreement outside this time. If the goods are in stock, the goods can be picked up on the day of the order. In other cases, the seller will inform the buyer about the possibility of collecting the goods. When delivering the goods, the goods that are in stock are usually dispatched the next working day from the receipt of the order (when sending the goods on delivery), or from the crediting of the payment to the account (in the case of non-cash payment). Goods that are not in stock are shipped as soon as possible. The seller informs the buyer about the more precise date. The shipment is usually delivered within three working days of dispatch. The buyer is informed about the shipment. If the buyer is not found upon delivery of the goods, he will receive a notification of delivery. The shipment can be picked up at the said depot, or the carrier can be requested for re-delivery. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a manner other than agreed, the buyer is obliged to pay any costs associated with such delivery. Delivery of goods according to these terms and conditions means the moment when the goods are delivered to the buyer or when he took them over in the store. If the buyer unreasonably refuses to take over the goods, this fact is not considered a breach of the obligation to deliver the goods by the seller, nor a withdrawal from the contract by the buyer. Upon receipt of the goods, check the integrity of the packaging of the goods. If you find deficiencies, immediately inform the carrier and the seller. If the buyer refuses to accept the shipment with the damaged packaging, this is not considered an unreasonable refusal of the goods. At the moment of taking over the goods (or at the moment when the buyer was obliged to take over the goods but did not do so without reason) the responsibility for accidental destruction, damage or loss of the goods passes to the buyer. The buyer acquires ownership of the goods at the time of receipt (subject to payment of the purchase price). In the event that the buyer does not take over the goods without reason or does not pick them up, the seller is entitled to reimbursement of costs associated with packaging, shipping or storage of goods, as well as other costs incurred due to non-acceptance of goods. Furthermore, in such a case, the seller has the right to demand that the buyer take over and pay for the goods, or the seller may withdraw from the contract. CONSUMER 'S RIGHT OF WITHDRAWAL The buyer, if he is in the position of a consumer, may withdraw from the purchase contract within 14 days from the date of receipt of the goods (in some cases, the consumer does not have this right - see below). Withdrawal from the contract by the buyer does not have to justify. It is not possible to withdraw from the contract in the cases listed in § 1837 of the Civil Code. It is not possible to withdraw, for example, when purchasing perishable goods, goods that have been irretrievably mixed with other goods after delivery, or goods in a closed package that the buyer removes from the package and cannot be returned for hygienic reasons. Notice of withdrawal is best made in writing (possibly by e-mail), to the seller's address, with the buyer clearly stating that he is withdrawing from the contract and the order number, date of purchase and account number for a refund. The buyer can use the sample form for withdrawal, which isdue to Government Decree No. 363/2013 Coll., but it is not his obligation. In order to comply with the deadline for withdrawal from the contract, it is sufficient to send a notice of withdrawal before the expiry of the 14-day period. The buyer who has withdrawn from the contract is obliged to return the purchased goods to the seller's address without undue delay (no later than 14 days from the withdrawal from the contract). The direct costs of returning the goods (packaging, shipping) are borne by the buyer. Do not return the goods by sending them to the seller cash on delivery, the seller is not obliged to take over the goods delivered in this way. The goods can also be returned directly at the Bio-farm indoor store in Zlín. We recommend attaching a copy of the delivery note and invoice to the returned goods, if these documents have been issued, or another document proving the purchase of goods (Failure to submit any of these documents does not prevent a positive withdrawal from the contract according to legal conditions). When sending the goods, the buyer should pack them in a suitable package and so as not to damage or destroy it. The buyer bears the risk of damage to the returned goods until the moment of its delivery to the seller, ie. even during transport. The seller will return to the buyer all the money he received from the buyer (ie the purchase price and the cost of delivery of goods to the buyer). The seller returns the cost of delivery of goods only in the amount corresponding to the cheapest of the methods of delivery of goods that the buyer could have chosen when ordering the goods. The seller is obliged to return the money without undue delay from withdrawal from the contract (within 14 days at the latest), but is not obliged to return it before the buyer returns the goods or before the buyer proves that he sent the goods to the seller. The money is returned in the same way as the seller received it or in another way with which the buyer agrees and which does not incur additional costs. on which the seller and the buyer agree. The 14-day withdrawal period and the return of the goods serve the consumer to become acquainted with the nature, characteristics and functionality of the goods delivered to him, as he might have done when buying in a brick-and-mortar store. If the buyer treats the goods differently, he is responsible to the seller for reducing the value of the goods. If the seller finds that the returned goods are damaged, worn, dirty or partially consumed, etc., he is entitled to set off his right to compensation for a reduction in the value of the goods against the buyer's right to a refund of the purchase price. RIGHTS FROM DEFECTIVE PERFORMANCE (COMPLAINTS PROCEDURE) The rights of the buyer from defective performance are governed in particular by the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and (if he is a consumer) Sections 2158 to 2174 of the Civil Code. 7.1. What defects the seller is responsible for The seller is responsible for ensuring that the goods ordered by the buyer have been delivered and that the goods are free of defects upon receipt. In particular, it is responsible for ensuring that: - the goods have such characteristics as the seller or the manufacturer described or which the buyer expected with regard to the nature of the goods and on the basis of their advertising, - the goods are fit for the purpose stated by the seller for their use or for which a thing of this kind is normally used, - the goods are in the appropriate quantity, measure or weight, - the goods comply with the requirements of legal regulations. The seller is responsible for ensuring that the goods will be in order at the time when the buyer took over the goods. Furthermore, the seller is responsible for ensuring that the goods are defective during the warranty period. The difference in the shades of colors in reality and on electronic display devices, for example, cannot be considered a defect of the goods. (If the goods do not correspond to the idea of the buyer (consumer), he has the right to withdraw from the contract within 14 days of receipt of the goods.) Of course, the fact that the thing is used or spoiled when it is a product with limited durability or usable only for a certain specified period cannot be considered a defect of the goods. 7.2. Length of warranty period The warranty period lasts twenty-four months from receipt of the goods, unless a longer warranty period is specified on the e-shop website or in the documents attached to the goods. If the goods have a period for which the item can be used, the warranty period lasts until the end of this period. 7.3. Buyer's rights in the event of a defect in the goods In accordance with the provisions of the Civil Code, the buyer has in particular the following rights from defective performance: Replenishment of what is missing - If the goods are delivered in smaller quantities than ordered, or incomplete goods are delivered, the buyer has the right to replenish what is missing. Repair of the item - If the goods are delivered, which has a remediable defect, the buyer has the right to have the defect removed. Exchange of goods - If this is not disproportionate to the nature of the defect and the defect does not only mean a minor breach of contract, the buyer has the right to deliver new goods without defects for defective goods. If the defect concerns only a part of the item, the buyer can only request the replacement of the part. The buyer has the right to deliver a new item or replace a part even in the case of a remediable defect, if he cannot use the item properly due to the recurrence of the defect after repair or due to a larger number of defects. Discount from the purchase price - If the goods existed upon receiptIf the defect or defect occurred during the warranty period, the buyer may request a reasonable discount from the purchase price, whether the defect is remediable or irremediable. Refund (withdrawal from the contract) - The buyer can withdraw from the contract and request a refund only if: - the supply of goods which have been found to be defective constitutes a material breach of contract (see § 2106 and § 2002 of the Civil Code), or - the seller is not able to ensure the repair of the item or is not able to replace the goods with a defect for which the item cannot be used properly (eg the goods are no longer delivered), or - defects occur repeatedly after warranty repairs (for the same item 3x the same defect, or 4x different defect) or there are several defects at once (4 different defects on one product at the time of the complaint), or - the seller did not comply with the 30-day deadline for settling the complaint (unless he agreed with the buyer on a longer period). The condition for the exchange of goods or refund (withdrawal from the contract) is that the buyer returns the item in the condition in which he received it, taking into account the normal use of the item. 7.4. When the buyer has no rights from the defect The rights arising from defective performance do not belong to the buyer if: - he knew about the defect before taking over the thing, - he caused the defect himself, - the warranty period has expired. Furthermore, the warranty and claims for liability for defects do not apply to: - wear and tear of the item caused by its normal use, - defects caused by incorrect storage, incorrect use of the goods, non-compliance with the instructions, etc., - defects for which the buyer was provided with a lower price of the goods, - defects or condition of the thing, resulting from the nature of the thing. 7.5. Complaint procedure The buyer should complain about the goods without undue delay from the discovery of the defect, both by stating what defect the goods allege (or announcing how the defect manifests itself), and stating what right from the defective performance (repair, discount, etc.). Complaints can be made either by bringing the item to the store or by sending it to the seller's address. When sending the claimed goods for faster handling of the complaint, inform the seller in advance by phone or e-mail. Pack the shipped goods so that they are not damaged or destroyed. To facilitate the settlement of a complaint, attach to the goods a proof of purchase of goods or an invoice, if issued, or another document (or a copy thereof) proving the purchase of goods, together with a description of the defect and a proposal for resolving the complaint. Do not send the goods cash on delivery, they would not be accepted. The seller immediately informs the buyer about the receipt of the claimed goods. The seller will issue the buyer a confirmation of when he exercised the right due to a defect in the goods, what is the content of the complaint and what method of handling the complaint is required. The seller decides on the received complaint immediately, in complex cases within three working days. However, this period does not include the time appropriate to the type of product or service required for a professional assessment of the defect. The complaint, including the eventual elimination of the defect, will be settled without undue delay, no later than 30 days from the date of the complaint, unless the seller and the buyer have agreed on a longer period. If the buyer has chosen a right that cannot be granted to him for objective reasons (eg requests a correction, but the defect is irreparable), the seller will notify the buyer and the buyer may choose another law corresponding to the defect. The seller will issue the buyer a confirmation of the date and manner of handling the complaint, or a written justification for rejecting the complaint. INFORMATION ON EXTRAORDINARY DISPUTE RESOLUTION In the event that a consumer dispute arises between the seller and the consumer under the purchase contract, which cannot be resolved by mutual agreement, the consumer may submit a proposal for out-of-court settlement of such a dispute to a designated out-of-court settlement body for consumer disputes, which is: the Czech trade inspection Central Inspectorate - ADR Department Štěpánská 15 120 00 Prague 2 Email: adr@coi.cz Web: adr.coi.cz These business conditions are valid from 1.6.2018. Thank you for the time you spent reading the terms and conditions and for your purchase. Bio-farm indoor s.r.o
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