1. GENERAL PROVISIONS
These terms and conditions apply to purchases made on the website www.koreni-krumlov.cz.
These terms and conditions govern, in accordance with § 1751 (1) of Act No. 89/2012 Coll., the Civil Code, the mutual rights and obligations of the parties arising or based on a purchase agreement concluded between the seller and another natural person through the seller's online store www.koreni-krumlov.cz. The operator of the online store www.koreni-krumlov.cz is ROSMARINUS s. r. o., Rudolfovská 422/122, České Budějovice, 37001, registered with the Regional Court in České Budějovice, Section C, File No. 21111, ID: 281 59 853.
These terms and conditions do not apply to cases where the person intending to purchase goods from the seller is a legal entity or a person who acts in ordering goods in the course of their business or in the exercise of their independent profession. The business relationship between the seller and the buyer, who is not the final consumer, is governed by individually agreed terms. This means that the seller is entitled to unilaterally reject the conclusion of a purchase agreement.
2. CONCLUSION OF THE PURCHASE AGREEMENT
All product presentations on the website interface of the www.koreni-krumlov.cz store are for informational purposes only, and the seller is not obliged to conclude a purchase agreement for this product. The buyer's order placed through the www.koreni-krumlov.cz online store or by phone is a binding offer by the buyer to conclude a purchase agreement with the seller. The seller will promptly confirm the receipt of the order via email to the email address provided by the buyer in the order, and this confirmation is not an acceptance of the seller's proposal to conclude a purchase agreement.
The buyer has the right to cancel the order, i.e., withdraw their proposal to conclude a purchase agreement, without any sanctions until the moment of dispatch of the goods. The cancellation of the order must be notified to the seller by email or phone. The purchase agreement is concluded by sending the seller's goods to the buyer or by the express acceptance of the seller via email. The prices of goods and services (e.g., postage) listed on the website interface are in CZK and include the relevant VAT rate in accordance with applicable legislation. If a relationship based on a purchase agreement contains an international element, the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights arising from mandatory legal regulations.
The purchase agreement is concluded in the Czech language and is archived by the seller for the purpose of its proper performance and is not accessible to third parties.
3. PAYMENT TERMS
The price of the goods and any costs associated with the delivery of the goods under the purchase agreement can be paid by the buyer to the seller in the following ways:
1. In cash on delivery at the location specified by the buyer in the order;
2. In cash at the following stores:
Rosmarinus, Soukenická 41, Český Krumlov, 381 01,
Rosmarinus, Husova 61, Vlachovo Březí, 38422,
Rosmarinus, Jeronýmova 3, České Budějovice, 37001
3. By bank transfer to the seller's account.
4. By bank transfer via a payment gateway.
In the case of the purchase of goods subject to rapid deterioration, as well as goods that have been irreversibly mixed with other goods after delivery, only payment in advance by bank transfer to the seller's account or by bank transfer via a payment gateway is possible. The seller will send an invoice to the buyer with the goods, which serves as a tax document.
Unless stated otherwise, all notifications addressed to the buyers by the www.koreni-krumlov.cz online store can be made in the form of an electronic message sent to the buyer's email address. The www.koreni-krumlov.cz online store is also authorized to send pro forma invoices and tax documents to the buyer electronically or by mail.
4. TRANSPORT AND DELIVERY OF GOODS
The buyer bears the costs of postage and packaging according to the method chosen during the order of the goods. These costs are governed by the prices listed on www.koreni-krumlov.cz.
Upon receipt of 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, immediately notify the carrier. If any unauthorized interference with the shipment is detected from the damaged packaging, the buyer is not obliged to accept the shipment from the carrier.
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 stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods or the costs associated with a different method of delivery.
5. WITHDRAWAL FROM THE AGREEMENT
In accordance with § 1829 (1) of the Civil Code, the buyer has the right to withdraw from the purchase agreement without giving a reason within fourteen (14) days of receiving the goods. Withdrawal from the purchase agreement must be sent to the seller within this period by email or in writing to the seller's address. In the event of withdrawal from the agreement, the purchase agreement is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days of the buyer's withdrawal from the agreement. If the buyer withdraws from the agreement, the buyer bears the costs associated with returning the goods (e.g., shipping), even if the goods cannot be returned by regular postal service due to their nature.
In the event of withdrawal from the agreement, the seller will refund the funds received from the buyer within fourteen (14) days of the buyer's withdrawal from the purchase agreement, in the same manner in which they were received from the buyer unless expressly agreed otherwise, without any additional costs to the buyer. The seller is not obliged to refund the received funds to the buyer before the buyer returns the goods to the seller or proves that the goods have been sent to the seller.
In accordance with § 1832 of the Civil Code, the buyer is entitled to a refund of the transportation costs (postage) associated with the purchase of the goods (not the return). However, this right is only in the amount of the cheapest option offered by the seller (even if the buyer chose a more expensive method of delivery when ordering), and personal pickup cannot be considered such a method of delivery. The buyer acknowledges that, according to § 1837 of the Civil Code, it is not possible, among other things, to withdraw from the purchase agreement
1. for the supply of goods subject to rapid deterioration, as well as goods that have been irreversibly mixed with other goods after delivery;
2. for the supply of goods in a sealed package that the consumer has removed from the package and which cannot be returned for hygienic reasons;
The buyer acknowledges that if the returned goods are damaged, worn, or partially consumed, the seller is entitled to compensation for any damage caused to the goods, and the seller is entitled to set off this claim against the buyer's claim for a refund of the purchase price.
If a gift is provided to the buyer together with the goods, a gift contract is concluded between the seller and the buyer with a dissolution condition that if the buyer withdraws from the purchase agreement, the gift contract becomes ineffective, and the buyer is obliged to return the provided gift along with the goods to the seller. Until the buyer takes possession of the goods, the seller is entitled to withdraw from the purchase agreement at any time. In such a case, the seller will inform the buyer by email to the address provided in the order and will refund the purchase price to the buyer without undue delay.
6. NON-ACCEPTANCE OF SHIPMENT
The buyer is obliged to take over the shipment based on the purchase agreement after it is dispatched. If this does not happen, the seller has the right to demand from the buyer the purposefully incurred costs of transportation, packaging, and handling.
If the buyer does not pay these costs upon electronic or written request, the seller will transfer the claim to a partner collection agency.
7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
The seller is responsible to the buyer for ensuring that the goods do not have defects when received, and that at the time the buyer took possession of the goods:
1. the goods have the characteristics that the parties agreed upon, and if there is no agreement, it has characteristics that the seller or the manufacturer described or that the buyer expected with regard to the nature of the goods and based on advertising they conducted;
2. the goods are suitable for the purpose stated by the seller for their use, or for which goods of this kind are usually used;
3. the goods correspond to the quality or performance agreed upon by the parties or, in the absence of an agreement, to the quality or performance expected by the buyer with regard to the nature of the goods;
4. the goods are in the appropriate quantity, measure, or quality;
5. the goods comply with the requirements of legal regulations.
The provisions stated in Article 6.1 of the terms and conditions do not apply to goods sold at a lower price for a defect for which the lower price was agreed, for wear and tear of the goods caused by their usual use, for used goods for defects corresponding to the extent of use or wear and tear that the goods had when taken over by the buyer, or if it arises from the nature of the goods.
The buyer may assert rights arising from defective performance with the seller at the seller's establishment where the acceptance of complaints is possible with respect to the range of goods sold.
8. PERSONAL DATA PROTECTION
The seller undertakes that all personal data provided by the buyer will be handled in accordance with the Personal Data Protection Act No. 101/2000 Coll. Personal data is used solely for the purposes of the seller and is not provided to third parties, except for carriers to whom only the data necessary for the delivery of the goods to the buyer is provided.
The buyer has the right to request in writing at any time that the seller change or delete their personal data from the seller's database.
Personal data will be processed indefinitely. These terms and conditions are valid from October 1, 2018.
9. COOKIE STORAGE
The buyer agrees to the storage of so-called cookies in their browser, as well as the use of marketing measuring codes and third-party cookies for the purpose of measurement and anonymized marketing communication through advertising networks. If it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase agreement without storing so-called cookies in the buyer's browser, the buyer may withdraw their consent to the storage of cookies from the domain koreni-krumlov.cz at any time.