Terms and Conditions
I. Basic Provisions
1. These general terms and conditions (hereinafter referred to as terms and conditions) of Project Fleur s.r.o., IČO:: 17956692, registered office: Pískařská 3, 143 00 Prague - Modřany,registered in the commercial register as a Legal entity doing business with the subject of business Production, trade and services not listed in Appendices 1 to 3 of the Trade Act(hereinafter referred to as the seller)) are issued according to 1751 et seq. Act No. 89/2012 Coll., Civil Code (hereinafter only Civil Code)k“)
2. These terms and conditions regulate the mutual rights and obligations of the seller and a natural person who concludes a purchase contract outside of his business activity as a consumer, or within the framework of his business activity (hereinafter referred to as: the buyer) through a web interface located on a website available at the internet address www .fleur21.cz.z.
3. The terms and conditions are an integral part of the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.
4. These terms and conditions and the purchase contract are concluded in the Czech language.
II. Information about goods and prices
1. Information about the goods, including the prices of the individual goods and their main features, is given for the individual goods in the catalog of the online store. The prices of the goods are listed including value added tax, all related fees and costs for returning the goods, if the goods by their nature cannot be returned by the usual postal route. Product prices remain valid for the time they are displayed in the online store. This provision does not exclude the negotiation of a purchase contract under individually agreed conditions.
2. All presentation of goods placed in the catalog of the online store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods.
3. Information on the costs associated with packaging and delivery of goods is published in the online store. The information on the costs associated with the packaging and delivery of the goods listed in the online store is valid only in cases where the goods are delivered within the territory of the Czech Republic or the Slovak Republic.
4. Any discounts from the purchase price of the goods cannot be combined with each other, unless the seller and the buyer agree otherwise.
III. Order and conclusion of purchase contract
1. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are paid by the buyer himself. These costs do not differ from the base rate.
2. The buyer orders the goods by filling out the order form.
3. When placing an order, the buyer selects the goods, the number of goods, the method of payment and delivery.
4. Before sending the order, the buyer is allowed to check and change the data he entered in the order. The buyer sends the order to the seller by clicking a button "Send an order" . The data listed in the order they are deemed correct by the seller. The condition for the validity of the order is the completion of all mandatory data in the order form and the buyer's confirmation that he has familiarized himself with these terms and conditions.
5. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when placing the order. This confirmation is considered the conclusion of the contract. The seller's current terms and conditions are attached to the confirmation. The purchase contract is concluded by confirmation of the order by the seller to the buyer's email address.
6. In the event that the seller cannot fulfill any of the requirements stated in the order, he will send the buyer an amended offer to his email address. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case by the buyer's confirmation of acceptance of this offer to the seller at his email address specified in these terms and conditions.
7. All orders accepted by the seller are binding. The buyer can cancel the order until the buyer receives a notice of acceptance of the order by the seller. The buyer can cancel the order by phone at the seller's phone number or email listed in these terms and conditions.
8. In the event that there was an obvious technical error on the part of the seller when indicating the price of the goods in the online store, or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this obviously incorrect price, even if the buyer was sent an automatic confirmation of receipt of the order according to these terms and conditions. The seller informs the buyer of the error without undue delay and sends the buyer an amended offer to his e-mail address. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case by confirmation of acceptance by the buyer to the seller's email address.
IV. Payment terms and delivery of goods
1. The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid by the buyer in the following ways:
- cashless by payment card,
- by cashless transfer to the seller's account via the Stripe payment gateway,
3. In the case of non-cash payment, the purchase price is payable within 7 days from the conclusion of the purchase contract.
4. In the case of payment through a payment gateway, the buyer follows the instructions of the relevant electronic payment provider.
5. In the case of 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.
6. The goods are delivered to the buyer at the address specified by the buyer in the order
7. The choice of delivery method is made during the ordering of goods.
8. The costs of delivering the goods, depending on the method of sending and receiving the goods, are stated in the buyer's order and in the seller's confirmation of the order. In the event that the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
9. If, according to the purchase contract, the seller 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, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.
10. When taking over 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, notify the carrier immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.
11. The seller issues a tax invoice to the buyer. The tax receipt is sent to the buyer's email address..
12. The buyer acquires the ownership right to the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods.
13. Responsibility for accidental destruction, damage or loss of goods passes to the buyer at the time of taking over the goods or at the time when the buyer had the obligation to take over the goods, but did not do so in violation of the purchase contract.
14. If it is a custom production (own logo, fragrance, packaging, ...), the customer is obliged to pay the entire order in advance. At the moment of receipt of payment, the order is considered binding, the seller begins its implementation and it is no longer possible to cancel or change it.
V. Defective Performance Rights
- The Seller is responsible to the Buyer that the goods are free of defects upon receipt. In particular, according to 2161, paragraph 1, No. 89/2012 Coll., Civil Code, as amended, the Seller is responsible to the Buyer that::
a.) the goods have the properties that the parties have agreed upon, and in the absence of an agreement, such properties that the Seller has described or that the Buyer expected with regard to the nature of the goods and based on the advertising carried out by the Seller,
b.) the goods are suitable for the purpose that the Seller states for their use or for which goods of this type are usually used,
c.) the quality or design of the goods corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
d.) the goods comply with the requirements of legal regulations.
- The Buyer hereby acknowledges that the Seller focuses on the sale of flowers, i.e. goods that are subject to rapid deterioration. Due to the fact that the subject of the purchase contract is flowers, as perishable goods, the order cannot be canceled after the delivery has been made, nor can the purchase contract be withdrawn, except for the procedure according to paragraph 5 below.
- The buyer or recipient (i.e. a natural or legal person to whom the Seller sends the goods to a specified place according to the Buyer's order) accepts the goods by signing the delivery receipt or delivery note and at the same time confirms that he has received the goods in good condition, i.e. without defects. In the event that the goods are damaged (e.g. broken flowers) or have other defects, the Buyer or recipient is entitled to refuse to accept the goods, or to accept the goods with the exception of their damage or defects, which they indicate on the proof of delivery or the delivery note next to their signature. In such a case, the buyer is also obliged to notify the seller of this damage or other defect in the goods by calling +420 777 898 346 or by email info@fleur21.cz, without undue delay after the Buyer or recipient had the opportunity to view the goods. Later complaints will not be taken into account.
- In case of demonstrable damage or other defect in the goods, the Buyer has the right to a reasonable discount on the price of the goods, free removal of the defect in the goods, or to its replacement, if this is not unreasonable due to the nature of the damage or defect. If the exchange of goods is not possible, the Buyer is entitled to withdraw from the contract. The buyer chooses a claim from liability for defects at the same time as notification of damage or defect in the goods.
- The Seller is not responsible for damage to the goods caused by the Buyer and/or Recipient, e.g. mechanical damage caused by careless handling or neglect of at least basic care of the goods.
- The seller is not responsible for incorrect contact details of the recipient or for the fact that the recipient was not reached at the place specified in the order within the transport period for any reason.
VI. Delivery
1. The contracting parties may deliver all written correspondence to each other via electronic mail.
2. The buyer delivers correspondence to the seller to the email address specified in these terms and conditions. The seller delivers correspondence to the buyer to the email address specified in his customer account or in the order.
VII. Personal data
1. All information you provide during our cooperation is confidential and we will treat it as such. If you do not give us written permission to do so, we will not use your data in any way other than for the purpose of fulfilling the contract, with the exception of the email address to which commercial messages can be sent to you, as this procedure is permitted by law, unless you refuse it. These messages can only concern similar or related goods and can be unsubscribed at any time in a simple way (by sending a letter, email or clicking on a link in a commercial message). The email address will be kept for this purpose for 3 years from the conclusion of the last contract between the contracting parties.
2. More detailed information on personal data protection can be found in the Personal Data Protection Policy HERE.
VIII. Out-of-court dispute resolution
1. The Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.
2. The European Consumer Center Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of on 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).
3. The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. Among other things, the Czech Trade Inspection supervises compliance with Act No. 634/1992 Coll., on consumer protection, within a defined scope.
IX Final Provisions
1. All agreements between the seller and the buyer are governed by the law of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect consumer rights arising from generally binding legal regulations.
2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of provision 1826 paragraph 1 letter e) of the Civil Code..
3. All rights to the seller's website, especially copyright to the content, including page layout, photos, movies, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or part of it without the consent of the seller.
4. The seller is not responsible for errors arising as a result of interventions by third parties in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer must not use procedures that could have a negative effect on its operation and must not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store without authorization, or its parts or software equipment in such a way that would be contrary to its purpose or purpose.
5. The buyer hereby assumes the risk of a change in circumstances in the sense of 1765 paragraph 2 of the Civil Code..
6. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
7. The seller may change or supplement the wording of the terms and conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.