Terms & Conditions

Terms & Conditions

TERMS & CONDITIONS
of the company
HEMP SAPA s.r.o.
registered office at Křižovnická 86/6, Prague 1 – Old Town, post code: 110 00
tax ID: 06116329
VAT number: CZ06116329
listed in the business filed in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert No. 276405
subject of business: e-commerce
at the webpage: www.hempsapa.com

INTRODUCTION

1.1. These Terms & Conditions (referred to below as “Terms and Conditions or “T&C”) of HEMP SAPA s.r.o., registered office at Křižovnická 86/6, Prague – Old Town, Post Code 110 00, tax ID: 061 16 329, filed in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert No. 276405 (referred to below as “Seller”) regulate the mutual rights and obligations of contractual parties arising from or connected to the purchase contract (referred to below as “purchase contract”) between the Seller and another individual (referred to below as “Buyer”) via an e-shop of the Seller, in accordance with regulation § 1751, paragraph 1 of Act no. 89/2012, Coll., the Civil Code, as subsequently amended (referred to below as “the Civil Code”). The Seller runs the e-shop at the webpage www.hempsapa.com (referred to below as “the webpage”), using the interface of the webpage (referred to below as “the webpage interface”).

1.2. The Terms and Conditions do not apply to cases where the person with intent to buy goods from the Seller is a legal entity or a person carrying out the purchase as part of their business activities or as part of their individual employment.

1.3. Regulations deviating from the Terms and Conditions can be established as part of the purchase contract. Regulations deviating from the T&C contained in the purchase contract are superior to the regulations established in the Terms and Conditions.

1.4. The regulations established in the Terms and Conditions constitute an inseparable part of the purchase contract. The purchase contract and the T&C are in Czech language. The purchase contract can be closed in Czech language.

1.5. The Seller reserves the right to change or amend the content of the Terms and Conditions. This regulation does not concern the rights and obligations that came into force before such change or amendment to the Terms and Conditions.

USER ACCOUNT

2.1. The Buyer can access the user interface after registering on the webpage of the Seller. The user interface (referred to below as “user account”) enables the Buyer to order goods from the e-shop. In case the web interface of the e-shop allows it, the Buyer can also order goods without registering, directly from the web interface of the e-shop.

1.6. The Buyer is obliged to enter all details correctly and truthfully during the registration on the webpage and while ordering the goods. The Buyer is obliged to update the details in their user account in the event of any change. The Seller considers the details specified in the user account of the Buyer and during the ordering process correct.

1.7. Access to the user account is secured by a username and a password. The Buyer is obliged to maintain confidentiality of the information necessary to access their user account.

1.8. The Buyer is not entitled to enable third parties to access and use their user account.

1.9. The Seller has the right to cancel a user account, especially in the event when the Buyer does not use their user account for more than one year, or in the event when the Buyer violates their obligations arising from the purchase contract (including the Terms and Conditions).

1.10. The Buyer hereby acknowledges that the user account does not have to be accessible at all times, especially with regards to the necessary maintenance of the hardware and software equipment of the Seller, or the necessary maintenance of the hardware and software equipment of third parties.

CLOSING THE PURCHASE CONTRACT

2.1. The complete presentation of the goods on the web interface of the e-shop is of informative character and the Seller is not obliged to close the purchase contract connected to these goods. The regulation established in § 1732, paragraph 2 of the Civil Code does not apply.

2.2. The web interface of the e-shop contains the information about the goods, including the prices of individual items and the cost of returning the goods, should the goods cannot be returned via mail. The prices of the goods include the VAT and all other fees. The prices of the goods remain valid for the period during which they are listed on the web interface of the e-shop. This regulation does not limit the right of the Seller to close a purchase price under different conditions agreed upon individually.

2.3. The web interface of the e-shop also contains information about costs connected to packaging and delivery of the goods. The information about packaging and delivery costs are valid only for delivery within the Czech Republic.

2.4. To order the goods, the Buyer must fill in an order form in the web interface of the e-shop. The order form contains the following information:

2.4.1. information about the goods (the Buyer “puts” the goods into an electronic shopping cart of the web interface of the e-shop),

2.4.2. the payment and delivery method for the ordered goods, and

2.4.3. information connected to the delivery costs (referred to below as “the order”).

2.5. Prior to submitting the order to the Seller, the Buyer can check and amend all the details of the order, in order to find and correct possible mistakes made while filling out the order form. The Buyer submits the order to the Seller by clicking the button “Submit”. The Seller considers the details of the order as correct. After receiving the order the Seller is obliged to confirm the receipt of the order to the Buyer electronically, to the e-mail address of the Buyer specified in the user account or in the order (referred to below as “the e-mail address of the Buyer”).

2.6. The Seller is entitled to ask the Buyer for further confirmation of the order, based on the character of the order (the amount of the goods, the purchase price, the delivery costs), either in written form or by telephone.

2.7. The contractual relationship between the Seller and the Buyer arises from delivering the confirmation of the order to the Buyer (accepting) by e-mail, to the e-mail address of the Buyer.

2.8. The Buyer hereby gives consent for using the means of remote communication to close the purchase contract. The Buyer covers all costs arising to them from using the means of remote communication in connection to the purchase contract (the internet connection and telephone calls costs), whereas these costs do not differ from the basic rate.

PRICE AND PAYMENT METHODS

3.1. The Buyer can pay the price for the goods and/or the delivery costs in accordance with the purchase contract using the following methods:

a) in cash at the shop of the Seller on this address: [Libušská 319/126142 00 Praha-Libuš-Písnice, Czech Republic];

b) cash on delivery at an address stated by the Buyer in the order form,

c) wire transfer to the bank account of the Seller, bank account number: [4563798309/0800], IBAN: CZ82 0800 0000 0045 6379 8309, BIC (SWIFT): GIBACZPX at [Česká spořitelna];

d) wire transfer via a payment system;

e) payment by card;

3.2. Together with the purchase price the buyer is obliged to pay the costs connected to packaging and delivery as stated by the purchase contract. If not stated otherwise, the purchase price contains the delivery costs.

3.3. The Seller does not require any advance payments from the Buyer. This does not concern the regulation in Article 4.6 of the T&C about the obligation to pay the purchase price in advance.

3.4. In case of cash payment or payment upon delivery the purchase price is paid upon delivering the goods to the Buyer. In case of wire transfer the purchase price must be paid within 3 days of closing the purchase contract.

3.5. In case of wire transfer the Buyer is obliged to use a specific variable symbol of the payment when carrying out the payment of the purchase price. In case of wire transfer the obligation of the Buyer to pay the purchase price is fulfilled when the money is credited to the bank account of the Seller.

3.6. The Seller is entitled to require that the purchase price is paid before sending the goods to the Buyer, especially when the Buyer does not confirm the order (Article 3.6). The regulation established in § 2119, paragraph 1 of the Civil Code does not apply.

3.7. Possible discounts on the purchase price provided to the Buyer cannot be combined.

3.8. In case it is usual in business relationships or in case binding legal regulations establish it, the Seller will issue an invoice for the Buyer for the payments carried out on the base of the purchase contract. The Seller is obliged to pay the VAT. The Seller will issue the invoice for the Buyer and send it electronically to the e-mail address of the Buyer after the Buyer pays for the goods.

3.9. In accordance with the Act on records of sales the Seller is obliged to issue a receipt for the Buyer. The Seller is also obliged to record the accepted payment online with the tax administrator. In case of a technical issue the Seller is obliged to record the payment within 48 hours.

WITHDRAWAL FROM THE PURCHASE CONTRACT

4.1. The Seller hereby notes that in accordance with the regulation established in § 1837 of the Civil Code it is not possible to withdraw from the purchase contract for the delivery of goods that was adjusted according to the wishes of the Buyer, from the purchase contract for the delivery of perishable goods, or goods that was irrevocably mixed with other goods during the delivery. It is also not possible to withdraw from the purchase price for goods in a closed packaging that the Buyer took out of the packaging and therefore it is not possible to return it for hygienic reasons, and also it is not possible to withdraw from the purchase contract for the delivery of audio or video files or computer programmes, in case the original packaging has been damaged.

4.2. Except for cases specified in Article 5.1 of the T&C and other cases where it is not possible to withdraw from the purchase contract, the Buyer has the right to withdraw from the purchase contract within fourteen (14) days from the delivery of the goods, in accordance with the regulation established in § 1829, paragraph 1 of the Civil Code, whereas in case the subject of the purchase contract is several types of goods or the delivery of several parts, this period starts on the day of the delivery of the last batch of goods to the Buyer. Withdrawal from the purchase contract must be delivered to the Seller within the period stated in the previous sentence. Withdrawal from the purchase contract can be sent to the address of the shop of the Seller or to the e-mail address of the Seller [info@hempsapa.com].

4.3. In case of withdrawal from the purchase contract in accordance with Article 5.2 of the T&C the purchase contract is cancelled completely. The Buyer must return the goods to the Seller within fourteen (14) days from the delivery of the withdrawal from the purchase contract to the Seller. In case the Buyer withdraws from the purchase contract, the Buyer must pay the costs connected to returning the goods to the Seller, which also applies in case the goods cannot be returned in the usual way, by mail.

4.4. In case of withdrawal from the purchase contract in accordance with Article 5.2 of the T&C the Seller will return the financial means accepted from the Buyer within fourteen (14) days from the withdrawal from the purchase contract, using the same payment method. The Seller also has the right to return the financial means to the Buyer directly when the Buyer returns the goods, or in any other way, if the Buyer agrees with this method and no other expenses will incur. If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the financial means to the Buyer before the goods are returned or before the Buyer proves that the goods have been sent back to the Seller.

4.5. The Seller has the right to include the claim for damaged goods into the claim of the Buyer for reimbursement of the purchase price.

4.6. In cases the Buyer has the right to withdraw from the purchase contract in accordance with the regulation established in § 1829, paragraph 1 of the Civil Code, the Seller has the right to withdraw from the purchase contract, up until the receipt of the goods by the Buyer. In such a case the Seller is obliged to return the amount of the purchase price to the Buyer without unnecessary delay, by wire transfer to a bank account stated by the Buyer.

4.7. In case the Buyer receives a gift together with the goods, the deed of gift between the Seller and the Buyer is closed with an exiting condition that in case the Buyer withdraws from the purchase contract, the deed of gift expires and the Buyer is obliged to return the gift to the Seller together with the goods.

TRANSPORT AND DELIVERY OF THE GOODS

5.1. In case the means of transport is established on the base of a special request by the Buyer, the Buyer accepts the risk and possible additional costs connected to this means of transport.

5.2. In case the Seller is obliged to deliver the goods to the address specified by the Buyer in the order, in accordance with the purchase contract, the Buyer is obliged to accept the goods upon delivery.

5.3. In case it is necessary to deliver the goods repeatedly or in a different way than stated in the order, for reasons on the Buyer’s side, the Buyer is obliged to pay the costs connected to the repeated delivery of the goods, and/or the costs connected to the different means of delivery.

5.4. When accepting the goods from the carrier company the Buyer is obliged to check that the packaging is not damaged and in case they find any defects the Buyer is obliged to report this fact to the carrier. In case the damage to packaging has obviously been caused by unauthorized opening of the order, the Buyer is not obliged to accept the order.

5.5. Other rights and obligations of the contractual parties concerning the transport of the goods can be specified in special delivery conditions of the Seller, should the Seller issue such conditions.

5.6. Shipping costs:
Czech Republic
PPL: 110, – CZK
Czech Post 130, – CZK

Slovak Republic
PPL: 130, – CZK
Czech post 232, – CZK

European Union
PPL: 220, – CZK
Czech post 232, – CZK

European countries outside the EU
Czech post 232, – CZK

The rest of the world
Czech post 232, – CZK

RIGHTS OF FAULT FULLFILMENT

6.1. The rights and obligations of the contractual parties connected to faulty fulfilment are determined by generally binding laws (especially the regulations established in § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and in Act no. 634/1992 Coll., about consumer protection, as subsequently amended).

6.2. The Seller guarantees to the Buyer that the goods have no defects. The Seller especially guarantees to the Buyer that at the time of the delivery of the goods:

6.2.1. the goods have the properties agreed upon by both contractual parties and in case there is no such article in the purchase contract, the goods has properties stated by the Seller or properties that the Buyer expected with regards to the character of the goods and based on advertisement for the goods,

6.2.2. the goods serve the purpose stated by the Seller or the usual purpose of such goods,

6.2.3. the goods correspond to an agreed upon sample or template in terms of quality and construction, if the quality or construction of the goods was agreed upon beforehand,

6.2.4. the goods is delivered in the correct amount, rate or weight,

6.2.5. the goods comply with legal requirements.

6.3. The regulations established in Article 7.2 of the T&C do not apply for goods sold for a lower price due to defects, for worn goods due to regular using, for worn goods where the damage corresponds to regular using or where the goods were already damaged when the Buyer received them, or where it is considered normal regarding the character of the goods.

6.4. If a defect occurs within six months from accepting the goods, the goods are considered as having been damaged already during the receipt. The Buyer has the right to claim the damage of consumer goods within twenty-four months from the delivery.

6.5. The Buyer claims the right of faulty fulfilment with the Seller at the address of the Seller’s shop, where it is possible to submit a complaint with respect to the assortment of the goods, or at the registered office of the Seller or their place of business.

6.6. Other rights and obligations of the contractual parties connected to responsibility of the Seller for damaged goods can be regulated by the Seller’s claim form.

OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTUAL PARTIES

7.1. The Buyer acquires the ownership of the goods by paying the whole amount of the purchase price.

7.2. The Seller has no obligations to the Buyer concerning any ethical codes within the meaning of § 1826, paragraph 1, letter e) of the Civil Code.

7.3. All complaints from the consumers are dealt with by the Seller via their e-mail address [info@hempsapa.com]. The Seller will send the information about the handling of the complaint to the e-mail address of the Buyer.
7.4. Out of court resolving of consumer complaints connected to purchase contracts are dealt with the Czech trade inspection, registered office at Štěpánská 567/15, 120 00 Prague 2, tax ID: 000 20 869, webpage: https://adr.coi.cz/cs. The online platform for resolving complaints is at http://ec.europa.eu/consumers/odr and consumers can use this platform to resolve conflicts between the Seller and the Buyer arising from the purchase contract.

7.5. The European consumer centre of the Czech Republic, registered office at Štěpánská 567/15, 120 00, Prague 2, webpage: http://www.evropskyspotrebitel.cz, is the point of contact according to the Regulation of the European Parliament and the European Council no. 524/2013 from 21 May 2013, on resolving consumer conflicts online and on change of the regulation (ES) no. 2006/2004 and Directive 2009/22/ES (regulation on resolving consumer conflicts online).

7.6. The Seller has the right to sell goods on the base of a trade licence. The appropriate trade office carries out inspections. The inspections of the protection of personal data are carried out by the Office for Personal Data Protection. The Czech trade inspection carries out, apart from other activities, the compliance with Act no. 634/1992, Coll., about consumer protection, as subsequently amended.

7.7. The Buyer hereby accepts the risk of change of circumstances within the meaning of § 1765, paragraph 2 of the Civil Code.

PERSONAL DATA PROTECTION

8.1. The protection of personal data of the Buyer, who is an individual, is ensured by Act no. 101/2000 Coll., about personal data protection, as subsequently amended, and by regulation of the European Parliament and European Council 2016/679 from 27 April 2016 about the protection of individuals in connection with processing of personal data and free movement of this data and about the cancelling of Directive no. 95/46/ES (general regulation for the protection of personal data).

8.2. The Buyer hereby agrees with processing of the following personal data: name and surname, address, identification number, tax identification number, e-mail address, telephone number (referred to below as “personal data”). The Buyer hereby notes that the personal data will be processed in accordance with the appropriate legal regulations. During the order the Buyer will be informed about their rights connected to their personal data and they have the option to give consent with processing of the personal data for specific purposes in appropriate cases.

8.3. The Buyer hereby agrees with the processing of their personal data by the Seller, for the purposes of the realization of the rights and obligations connected to the purchase contract. The Buyer notes that processing of their personal data by the Seller is a necessary condition for delivering the order. If the Buyer selects this option while making the order, they agree with the processing of their personal data by the Seller also for sending information and commercial mail to the Buyer. The consent for processing personal data in the complete extent in accordance with this article is not a necessary condition for closing the purchase contract.

8.4. The Buyer hereby notes that they are obliged to give correct and truthful personal data (during registration, in their user account, while making the order in the web interface of the e-shop) and that they are obliged to inform the Seller of any changes of the personal data without unnecessary delay.

8.5. The Seller has the right to assign the processing of the personal data of the Buyer to a third party (the processor). Apart from the persons transporting the goods the personal data will not be disclosed with third parties, without prior consent from the Buyer.

8.6. The personal data will be processed during the time the Seller’s subject of business remains the same. The personal data will be processed electronically using an automated way or in print using a non-automated way.

8.7. The Buyer hereby confirms that the personal data provided to the Seller is correct and that they provided the personal data voluntarily.

8.8. In case the Buyer reckons that the Seller or the third party authorized to process the personal data (Article 9.5) processes their personal data in a way that is in conflict with the protection of private or personal life of the Buyer or in a way that is in conflict with the law, especially in cases the personal data is incorrect with respect to the purpose of its processing, the Buyer has the right to:

8.8.1. ask the Seller or the processor for explanation,

8.8.2. require that the Seller or the processor removes the situation caused by this fault,

8.8.3. request access to their personal data and update or correct it,

8.8.4. contact the Office for Personal Data Protection.

8.9. If the Buyer asks the Seller for information about processing of their personal data, the Seller is obliged to provide this information to the Buyer. The Seller has the right for an adequate compensation for providing this information. Such compensation cannot exceed the expenses necessary for providing the information.

SENDING COMMERCIAL COMMUNICATION AND STORAGE OF COOKIES

9.1. The Buyer can give consent to receive information connected to the goods, services or the business of the Seller to the e-mail address of the Buyer. The Buyer can also give consent to receive commercial communication from the Seller to the e-mail address of the Buyer.

9.2. The Buyer can give consent to storing cookies in their computer. In case the purchase from the webpage can be carried out and the obligations arising from the purchase contract can be fulfilled without storing the cookies in the computer of the Buyer, the Buyer has the right to revoke the consent specified in the previous sentence at any time.

DELIVERY

10.1. The Buyer can receive information sent to the e-mail address of the Buyer.

FINAL PROVISIONS

11.1. If the relationship established by the purchase contract entails an international (foreign) aspect, the contractual parties hereby agree that such relationship shall be regulated by the Czech law.

11.2. The selection of law in accordance with Article 12.1 of the T&C does not deprive the consumer of the protection stated by the legal regulations from which it is not possible to deviate contractually and that would be used in case of not selecting the law in accordance with Article 6, paragraph 1 of the Regulation of the European Parliament and the European Council (ES) no. 593/2008 from 17 June 2008 on the law applicable to contractual relationships (Rome I).

11.3. If any of the regulations of the Terms and Conditions is invalid or ineffective, or it becomes invalid or ineffective, a new regulation shall take its place. Such regulation must correspond to the meaning of the original regulation as closely as possible. The invalidity or ineffectiveness of one regulation does not affect the validity of the other regulations.

11.4. The Seller archives the purchase contract including the Terms and Conditions in an electronic form and does not give access to it to the Buyer.

11.5. The contact details of the Seller: delivery address [Libušská 319/126142 00 Praha-Libuš-Písnice, Czech Republic], e-mail address [info@hempsapa.com], telephone number [+420 770 643 952].
In Prague on [01/10/2018]
HEMP SAPA s.r.o.