of the business corporation
Residing at: Hladnovská 1255/23, Ostrava 710 00
ID number (IČ): 01824651
Registered in the Register of Companies at the Regional Court in Ostrava for the sale of goods through the on-line shop found under the internet address www.treeforme.eu.
1. INTRODUCTORY PROVISIONS
1.1. These business terms (hereinafter referred to as the "business terms") of the company Merca Development s.r.o., residing at Hladnovská 1255/23, 710 00 Ostrava, Czech Republic, ID number (IČ): 26821699, Registered in the Register of Companies at the Regional Court in Ostrava section C, insert 25828 (hereinafter referred to as the "Seller") govern the mutual rights and obligations of the parties arising from or based on the purchase agreement (hereinafter referred to as the "purchase agreement") concluded between the Seller and another physical or legal entity (hereinafter referred to as the "Buyer") through the Seller's Internet shop. The Internet shop is operated by the Seller on the Internet address www.treeforme.eu, namely through the Web interface (hereinafter referred to as the "Web interface").
1.2. Furthermore, the business terms regulate the rights and obligations of the contractual parties during the use of the Seller's Web page located at the address www.treeforme.eu (hereinafter referred to as the „website“) and other related legal relations. The business terms shall not apply in cases where the person who intends to purchase the goods from the Seller, acts within the scope of their business activities during the ordering of the goods.
1.3. Provisions diverging from the business terms can be negotiated in the purchase agreement. Diverging arrangements in the purchase contract shall take precedence over the provisions of the business terms.
1.4. The business terms provisions are an integral part of the purchase contract. The purchase contract and business terms are drawn in the Czech language. The purchase agreement can be concluded in the Czech language.
1.5. The Seller may change or amend the reading of the business terms at any time without prior notice. This provision shall not affect the rights and obligations which may arise during the effective period of the previous reading of the business terms.
2. USER ACCOUNT
2.1. The Buyer may access his/her user interface based on the Buyer's registration made on the website. The Buyer is able to order goods from his/her user interface (hereinafter referred to as the "user account"). The buyer may also order goods without the registration directly from the web interface of the shop, providing the web interface of the shop enables him/her to do so.
2.2. The Buyer is obliged to give all the information correctly and truthfully when registering on the website and when ordering goods. The Buyer is obliged to update the data in the user account shall any changes occur. The data provided by the Buyer in the user account and when ordering goods are considered correct by the Seller.
2.3. Access to the user account is secured with a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his/her user account, and acknowledges that the Seller is not responsible for the violation of this obligation on the part of the Buyer.
2.4. The Buyer is not entitled to allow third parties to access the user account.
2.5. The Seller may cancel the user account, in particular in the case when the Buyer does not use the user account for more than six (6) months or in the case when the Buyer breaches the obligations from the purchase agreement (including the business terms).
2.6. The Buyer acknowledges that the user account may not be accessible continuously, in particular with regard to the necessary maintenance of the Seller's hardware and software equipment and the eventual and necessary maintenance of the hardware and software of the third parties.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. The shop's web interface contains a list of goods offered by the Seller for sale, including a listing of the prices of individual goods offered. The listed prices of goods include value added tax and all related charges. Offer of the sale of goods and the prices of such goods shall remain effective for a period of time, when they are displayed on the shop's web interface. This provision does not limit the Seller to conclude an agreement contract with individually negotiated terms. Entire sales offers of goods placed on the shop's web interface are non-binding and the Seller is not obliged to conclude an agreement concerning this item.
3.2. The shop's web interface also contains information about the costs associated with the packaging and delivery of the goods. Information on the costs associated with the packaging and delivery of the goods referred to in the shop's web interface applies only in cases when the goods are delivered within the territory of Great Britain. In the case of the goods delivered to other countries within the EU, the price is calculated individually - for the exact amount of the freight cost, please contact us at email@example.com.
3.3. To order the goods, the Buyer will fill in the order form on the shop's web interface. The order form includes, in particular, information about:
3.4. The Buyer is able to review and change the information which the Buyer entered in the order, also taking into consideration the Buyer's ability to discover and correct errors while entering data in the order, prior to sending the order to the Seller. The Buyer sends the order to the Seller by clicking on the button „Buy“. The Buyer considers the data stated in the order to be correct. The Seller shall, immediately upon receipt of the order, confirm to the Buyer the receipt of the order via e-mail, namely to the Buyer's e-mail address provided in the user interface or in the order (hereinafter referred to as the "Buyer's electronic address").
3.5. The Seller is always entitled to, depending on the nature of the order (the quantity of the goods, the amount of the purchase price, the estimated costs of transport) ask the Buyer for additional confirmation of the order (for example, in writing or by telephone).
3.6. The contractual relationship between the Seller and the Buyer arises by the delivery of the receipt of the order (acceptance), which is sent by the Seller to the Buyer via e-mail, namely to the Buyer's e-mail address.
3.7. The Buyer acknowledges that the Seller is not obliged to conclude an agreement, in particular with those persons who previously substantially violated their obligations to the Seller
3.8. The buyer agrees with the use of means of distance communication during the conclusion of the purchase agreement. The expenses incurred by the Buyer during the use of means of distance communication in connection with the conclusion of the purchase agreement (cost of the Internet connection, the cost of telephone calls), shall be borne by the Buyer himself/herself.
4. PRICE OF THE GOODS AND PAYMENT CONDITIONS
4.1. The Buyer may pay the Seller the price of the goods and any costs associated with delivery of the goods according to the purchase agreement by the following methods:
4.2. Along with the purchase price, the Buyer is also obliged to pay the Seller costs associated with packaging and delivery of the goods at an agreed rate. Unless explicitly stated otherwise, it is understood that the purchase price also includes costs associated with the delivery of the goods.
4.3. In the case of payment by cash or COD payment (cash on delivery), the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within three (3) days of the conclusion of the purchase agreement.
4.4. In the case of direct debit payment, the Buyer is obliged to state the variable symbol of the payment when paying the purchase price of the goods. In the case of direct debit payment, the Buyer's liability to pay the purchase price is met once the Seller's account is credited with the appropriate amount.
4.5. The Seller is entitled, in particular in the event that the Buyer fails to provide an additional confirmation of the order (article no. 3.5), to request the payment of the total purchase price prior to the dispatch of the goods to the Buyer.
4.6. Eventual discounts of the price of the goods provided by the Seller to the Buyer cannot be combined reciprocally.
4.7. If it is customary in the business relationship or stipulated by generally binding legal regulations, the Seller will issue a tax document to the Buyer - an invoice regarding the payments made based on the purchase agreement. The Seller is the payer of value added tax. Tax document – an invoice will be issued by the Seller to the Buyer after payment of the price of the goods and sent electronically to the Buyer's e-mail address.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The Buyer acknowledges that, according to the provisions of § 53 paragraph. 8 of Act No 40/1964 Coll., the civil code, as amended by subsequent regulations (hereinafter the referred to as the "civil code"), among others it is not possible to withdraw from the purchase agreement for the delivery of goods customized according to the Buyer's wishes, as well as goods that are subject to short-term perish, wear and tear or product obsolescence, from the purchase agreement for the delivery of audio and video recordings and computer programs, if the consumer has broken their original packaging, and from the purchase agreement for the delivery of newspapers, periodicals and magazines.
5.2. If it is not the case referred to in the article no.5.1 or on another case in which the Buyer cannot withdraw from the purchase agreement, the Buyer, in accordance with the provisions of § 53 paragraph. 7 of the civil code, has the right to withdraw from the purchase agreement, within fourteen (14) days of receipt of the goods. The Seller must be notified of the withdrawal from the purchase agreement within fourteen (14) days of receipt of the goods. The Buyer can also send the withdrawal from the purchase agreement, among others, to the address of the business premises or to the Seller's e-mail address. firstname.lastname@example.org.
5.3. In the event of the withdrawal from the purchase agreement according to article no. 5.2 of the business terms, the purchase agreement is cancelled from the beginning. The goods must be returned to the Seller within seven (7) working days of the dispatch of the withdrawal notice from the agreement to the Seller. The goods must be returned to the Seller undamaged and unused and, if possible, in the original packaging.
5.4. The Seller is entitled to re-examine the returned goods, in particular in order to determine whether the returned item is not damaged, used up or partially used within a period of fifteen (15) days of the return of the goods by the Buyer, according to article no. 5.3. of the business terms.
5.5. In the case of withdrawal from the purchase agreement, according to article. 5.1 of the business terms, the Seller will return to the Buyer money paid by the Buyer within ten (10) days at the end of the period assigned for the examination of the goods according to article. 5.3 of the business terms, however, at the latest within thirty (30) days from the delivery of the withdrawal notice from the purchase agreement to the Buyer, and that is by direct debit into the account specified by the Buyer. The Seller is also entitled to return the money provided by the Buyer already during the return of the goods by the Buyer.
5.6. The Buyer acknowledges that if the goods returned by the Buyer will be damaged, used up or partially used, the seller shall be entitled to demand compensation from the Buyer for the damage incurred by him. The Seller is entitled to unilaterally offset the claim for damages against the Buyer's claim for a refund of the purchase price.
5.7. The Seller is entitled to withdraw from the contract at any time during the pending period until the Buyer receives (accepts) the goods. In this case, the Seller will refund the Buyer without undue delay, namely by direct debit to the account specified by the Buyer.
5.8. In the event that a gift is provided along with the goods, a deed of gift with conditions of cancellation is concluded between the Seller and the Buyer, providing that if the consumer decides to withdraw from the purchase agreement, the deed of gift regarding such gift becomes ineffective and the Buyer is obliged to return the goods along with the offered gift to the Seller.
6. SHIPMENT AND DELIVERY OF GOODS
6.1. The Seller determines the method of delivery of the goods, unless otherwise specified in the purchase agreement. In the event that the shipping method is negotiated based on the Buyer's request, the Buyer shall bear the risk and any possible additional costs associated with this method of shipment.
6.2. If the Seller, according to the purchase agreement, is obliged to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery. If the Buyer fails to take over the goods upon delivery, the Seller is entitled to require a storage fee in the amount of £ 6 (words: six British pounds) or to withdraw from the purchase agreement.
6.3. In the event that due to the Buyer's fault the goods must be delivered repeatedly or in another way than stated in the order, the Buyer shall be obliged to reimburse the costs associated with the repeated delivery of goods, or other costs associated with the other method of delivery.
6.4. The Buyer is obliged to check the integrity of the packaging of goods when taking over the goods from the deliverer, and in the event of any defects, he should notify the deliverer of this without delay. In the event that the Buyer finds evidence of unauthorised intrusions into the consignment, the Buyer may refuse to take over this consignment from the deliverer. The buyer confirms by signing the delivery notice that the packaging of the consignment containing the goods was intact.
6.5. Additional rights and obligations of the parties during the shipment of the goods may be amended by special delivery terms of the Seller, if they were released by the Seller.
7. LIABILITY FOR DEFECTS AND WARRANTY
7.1. The rights and obligations of the contractual parties regarding the Seller's liability for the damage, including the Seller's guarantee liability, shall be governed by generally binding regulations (in particular the provisions of § 612 et seq. of the Civil Code).
7.2. The Seller is liable towards the Buyer that the sold item is in conformity with the purchase agreement, in particular, that it is free of defects. The conformity with the purchase agreement means that the sold item has the required quality and technological properties, as described by the Seller, manufacturer or his representative or the quality and technical properties as expected based on the advertising carried out by them, or the standard quality of the properties for this type of item, which meets the requirements of the legislation, is in a corresponding amount, extent, or weight and corresponds with the purpose, which use the Seller showcases or that item is commonly used.
7.3. In the event that the item is not in conformity with the purchase agreement during the takeover by the Buyer (hereinafter referred to as "the agreement discrepancy"), the Buyer has the right to ask the Seller to set in order the matter into the state according to the purchase agreement free of charge and without undue delay, namely according to the Buyer's request either by exchanging the item or repairing the item. If neither option is possible, the Buyer may request a reasonable discount from the price or withdraw from the agreement. This shall not apply if the Buyer was aware of the purchase agreement discrepancy prior to taking over the item or the Buyer himself/herself caused the purchase agreement discrepancy. The purchase agreement discrepancy, which becomes valid within six (6) months from the date of receipt of the item, shall be regarded as a discrepancy already existing during its takeover, unless it is not in contradiction with the nature of this matter or if it is proven otherwise.
7.4. The Seller is liable for defects which appear to be in discrepancy with the purchase agreement after receipt of the item within the guarantee period (warranty), except in the case of perishable or used items.
7.5. The Buyer may claim the rights of the Buyer arising from the liability of the Seller for defects, including the Seller's guarantee of liability, at the Seller's address of residence: Hladnovská 1255/23, 710 00 Ostrava. A complaint is considered to be a complaint at the moment when the Seller has received the item from the Buyer which is the subject of the claim.
7.6. Other rights and obligations of the parties regarding the Seller's responsibility for defects are governed by the Seller's complaint regulations.
8. FURTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTUAL PARTIES
8.1. The Buyer shall assume ownership of the goods upon payment of the full purchase price of the goods.
8.2. The Buyer acknowledges that the software and other components that make up the web interface of the shop (including photos of the goods) are protected by copyright. The Buyer undertakes not to engage himself/herself in any activity that could allow him/her or third parties to unlawfully interfere or use the software or other components that make up the web interface of the shop.
8.3. The Buyer is not allowed to use software equipment or any other processes within the Web interface of the shop mechanisms, which could have a negative impact on the operation of the shop's web interface. It is possible to use the web interface of the shop only to the extent that is not at the expense of the rights of the other Seller's customers and which is in compliance with its designation.
8.4. The Seller is not bound in relation to the Buyer by any codes of conduct within the meaning of the provisions of § 53a, article 1 of the civil code.
8.5. The Buyer acknowledges that the Seller is not responsible for errors resulting from the interference to the website from third parties or as a result of use of the website in breach of its designation.
9. PERSONAL DATA PROTECTION AND TRANSMISSION OF COMMERCIAL NOTIFICATIONS
9.1. Protection of the Buyer's personal data, who is a natural person, is provided by law No. 101/2000 Coll., on the protection of personal data, as amended.
9.2. The Buyer agrees with the processing of his/her personal data: name and surname, address of residence, identification number, tax identification number, e-mail address, and telephone number (all hereinafter collectively referred to as "personal data").
9.3. The Buyer agrees with the processing of the personal data by the Seller, in order for the Seller to fulfill the rights and obligations of the purchase agreement, manage the user account and send information and business notifications to the Buyer.
9.4. The Buyer acknowledges that he/she is responsible to provide his/her personal data (during the registration, in their user account when ordering through the web interface of the shop) correctly and truthfully and that the Buyer is obliged to inform the Seller of a personal data change without delay.
9.5. The Seller can entrust a third person, as a processor, to process the Buyer's personal data. The Sellers will not disclose the Buyer's personal data to the third parties without the Buyer's prior consent, with the exception of the persons delivering goods.
9.6. Personal data will be processed for an indefinite period. Personal data will be processed in electronic form by automated means or in printed form by non-automated means.
9.7. The Buyer confirms that the personal data provided is accurate and that he/she was informed that the provision of personal data is voluntary.
9.8. In the event that the Buyer feels that the Seller or the processor (article no. 9.5) carries out the processing of his personal data, which is in breach with the protection of the Buyer's private and personal life, or in breach of the law, in particular if the personal data is inaccurate with regard to the purpose of their processing, the Buyer may:
9.9. Should the Buyer ask for information concerning the processing of his/her personal data, the Seller is obliged to pass on this information. The Seller has the right, in accordance with the previous sentence, to request an appropriate remuneration for the provision of information, whereas the remuneration will not exceed the costs inevitable for the provision of the information.
10. SENDING OF BUSINESS NOTICES AND STORAGE OF COOKIES
10.1. The Buyer agrees with the transmission of information regarding the goods, services or business of the Seller to the Buyer's e-mail address and agrees to receive the Seller's business notices sent to the Buyer's e-mail address.
10.2. The Buyer agrees with the storage of so-called cookies onto his/her computer. The Buyer may revoke the consent referred to in the previous sentence at any time, if it is possible to make the purchase on the website and fulfill the Seller's obligations according to the purchase agreement without the storage of cookies onto the Buyer's computer.
11.1. Unless agreed otherwise, all correspondence related to the purchase agreement must be submitted to the other contractual party in writing, by electronic mail, personally or by registered mail via postal services (as per the Sender's choice). The Buyer is to receive the correspondence to the e-mail address stated in his user account.
12. FINAL PROVISIONS
12.1. If the relationship related to the use of the website or the legal relationship established based on the purchase agreement contains an international (foreign) element, then the parties stipulate that the contractual relationship is governed by Czech law. This does not affect the Buyer's rights arising from the generally binding legislation.
12.2. The Seller is entitled to sell the goods on the basis of the trade licence and the Seller's activity is not subject to any other licensing. Business inspection is carried out by the Trade Licensing Office competent within its scope of activity.
12.3. If any provision of the business terms is ineffective or invalid, or will become such, another provision whose meaning will be the closest to the invalid provision, will replace the invalid provision. Invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Amendments and additions to the purchase agreement or business terms must be done in written form.
12.4. The purchase agreement, including the business terms, is archived by the Seller in electronic form and is not accessible.
12.5. The Seller’s contact information: delivery address: Hladnovská 1255/23, Ostrava 710 00, Czech Republic, e-mail address: email@example.com, .
In Prague dated 1. 8. 2015
Effective February 15, 2016 the EU Commission has created a platform for extrajudicial dispute resolution. This gives consumers the opportunity to resolve disputes related to online orders without the requirement for a judicial process involving courts and judges. This dispute resolution process is available via the external link at: http://ec.europa.eu/consumers/odr/.
However we are not obliged to and unfortunately can not offer our participation in any such alternative dispute resolution before out-of-court (non-judicial) entities. If you have a complaint, please contact us at firstname.lastname@example.org