Terms of trade

Terms of trade

For the sale of goods through an online shop located at the Internet address www.agroflex.cz

INTRODUCTORY PROVISIONS
These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) of the trading company, Agroflex Profi s.r.o.. with its registered office at Černá 1692/6, Nové Město, 110 00 Prague 1, identification number 28550099, registered at the Municipal Court in Prague
(hereinafter referred to as the “seller”) regulate in accordance with the provision of Section 1751 par. 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”) shall constitute mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) through the Seller’s online store. The Online Shop is operated by the Seller on a website located at the www.zeleninovyraj.cz internet address (hereinafter referred to as the “Website”) through the interface of the Website (hereinafter referred to as the “Website Interface”).
1.1. The Terms and Conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal person or a person who acts when ordering goods in the course of his business activity or as part of his independent profession.
1.2. Provisions deviating from the terms and conditions can be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the Terms and Conditions.
1.3. The provisions of the Terms and Conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
1.4. The Seller may change or supplement the wording of the Terms and Conditions. This provision is without prejudice to the rights and obligations arising during the period of effectiveness of the previous wording of the Terms and Conditions.

USER ACCOUNT
2.1. Based on the buyer’s registration on the website, the buyer can access its user interface. From its user interface, the buyer can order goods (hereinafter referred to as the “User Account”). If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store.
2.2. When registering on the website and ordering goods, the buyer is obliged to provide all data correctly and truthfully. The Buyer is obliged to update the data provided in the User Account in any way that they change. The data provided by the Buyer in the User Account and when ordering the 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 user account.
2.4. The Buyer is not entitled to allow third parties to use the User Account.
2.5. The Seller may cancel the User Account, in particular if the Buyer does not use his/her User Account for more than 30 days, or if the Buyer breaches his/her obligations under the Purchase Contract (including the Terms and Conditions).
2.6. The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to the necessary maintenance of the Seller’s hardware and software equipment, or the necessary maintenance of the hardware and software equipment of third parties.

CONCLUSION OF THE PURCHASE CONTRACT
3.1. All presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732 par. 2 of the Civil Code shall not apply.
3.2. The store’s web interface contains information about the goods, including the prices of individual goods and the cost of returning the goods, if these goods cannot be returned by the usual postal means. Prices of goods are listed including value added tax and all related fees. Prices of goods remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the seller’s ability to conclude a purchase contract under individually negotiated conditions.
3.3. The store’s web interface also contains information about the costs associated with packaging and delivery of goods. The information on the costs associated with the packaging and delivery of the goods provided in the web interface of the store applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.4. To order goods, the buyer fills in the order form in the store’s web interface. The order form contains in particular information about:
3.4.1. ordered goods (the ordered goods are “inserted” by the buyer into the electronic shopping cart of the store’s web interface),
3.4.2. the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods, and
3.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the “Order”).
3.5. Before sending the order to the Seller, the Buyer is allowed to check and change the data entered by the Buyer into the order, also with regard to the Buyer’s ability to detect and correct errors made when entering data into the order. The order is sent by the buyer to the seller by clicking on the “Order” button. The information provided in the order is considered correct by the Seller. Immediately after receiving the order, the Seller shall confirm this receipt to the Buyer by e-mail to the Buyer’s e-mail address specified in the User Account or in the Order (hereinafter referred to as the “Buyer’s E-mail Address”).
3.6. The Seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, expected transport costs), to ask the Buyer for additional confirmation of the order (e.g. in writing or by telephone).
3.7. The contractual relationship between the Seller and the Buyer is established upon delivery of the receipt of the order (acceptance), which is sent by the Seller to the Buyer by e-mail, to the Buyer’s e-mail address.
3.8. The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the buyer himself, and these costs do not differ from the basic rate.

PRICE OF GOODS AND PAYMENT TERMS
4.1. The buyer may pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract to the seller in the following ways:

• in cash at the seller’s premises;
• cash on delivery at the place specified by the buyer in the order;
• by wire transfer to the Seller’s account (hereinafter referred to as the “Seller’s Account”);
• cashless via a payment system

4.2. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price also means the costs associated with the delivery of the goods.
4.3. The seller does not require a deposit or other similar payment from the buyer. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4. In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within days of the conclusion of the purchase contract.
4.5. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of a non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller’s account.
4.6. The Seller is entitled, in particular in the event that the Buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the full purchase price before the goods are sent to the Buyer. The provisions of Section 2119 par. 1 of the Civil Code does not apply.
4.7. Any discounts on the price of the goods provided by the seller to the buyer cannot be combined with each other.
4.8. If it is customary in the course of business or if it is stipulated by generally binding legal regulations, the seller will issue a tax document to the buyer – an invoice for payments made on the basis of the purchase contract. The seller is a VAT payer. Tax document – the invoice is issued by the seller to the buyer after payment of the price of the goods and sent in electronic form to the buyer’s electronic address.

WITHDRAWAL FROM THE PURCHASE CONTRACT

5.1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a purchase contract for the supply of goods that have been modified according to the Buyer’s wishes or for the Buyer’s person, from a purchase contract for the supply of perishable goods, as well as from goods that have been irreversibly mixed with other goods after delivery, from a purchase contract for the supply of goods in closed packaging, which the consumer has removed from the packaging and cannot be returned for hygienic reasons, and from the purchase contract for the supply of an audio or video recording or computer program if the original packaging has been damaged.
5.2. Unless it is a case specified in Article 5.1 of the Terms and Conditions or another case where it is not possible to withdraw from the purchase contract, the buyer has a right to withdraw from the purchase contract in accordance with the provision of Section 1829 para. 1 of the Civil Code, the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods, while in the event that the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. The withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer can use the model form provided by the seller, which forms an annex to the terms and conditions. The buyer may send the withdrawal from the purchase contract, among other things, to the address of the seller’s establishment or to the seller’s e-mail address info@agroflex.cz
5.3. In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the purchase contract shall be cancelled from the beginning. The goods must be returned to the seller within fourteen (14) days of the seller’s withdrawal. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by the usual postal means due to their nature.
5.4. In the event of withdrawal from the contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the withdrawal from the Purchase Contract by the Buyer, in the same manner in which the Seller received them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer when the goods are returned by the Buyer or in another way, provided that the Buyer agrees to this and the Buyer does not incur any additional costs. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he sent the goods to the seller.
5.5. The seller is entitled to unilaterally set off the claim for payment of damage caused to the goods against the buyer’s claim for a refund of the purchase price.
5.6. In cases where the buyer has a right to pay in accordance with the provision of Section 1829 para. 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, until the buyer takes over the goods. In such a case, the seller will return the purchase price to the buyer without undue delay, by non-cash to the account designated by the buyer.
5.7. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift contract ceases to be effective in respect of such a gift and the buyer is obliged to return the gift to the seller together with the goods.

TRANSPORT AND DELIVERY OF GOODS

6.1. In the event that the method of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
6.2. If the seller is obliged to deliver the goods to the place specified by the buyer in the order according to the purchase contract, the buyer is obliged to take over the goods upon delivery.
6.3. 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 the repeated delivery of the goods, or the costs associated with another method of delivery.
6.4. 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. In the event of a violation of the packaging indicating unauthorized entry into the shipment, the buyer does not have to accept the shipment from the carrier.
6.5. Other rights and obligations of the parties in the transport of goods may be governed by the Seller’s special terms of delivery, if issued by the Seller.

RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

7.1. The rights and obligations of the parties to the contract regarding the rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
7.2. The Seller is liable to the Buyer that the goods are free of defects upon receipt. In particular, the seller is liable to the buyer that at the time when the buyer took possession of the goods:
7.2.1. the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have such characteristics as the seller or manufacturer has described or which the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
7.2.2. the goods are suitable for the purpose stated by the seller for their use or for which the goods of this type are usually used,
7.2.3. the goods correspond in quality or performance to the agreed sample or model, if the quality or performance was determined according to the agreed sample or model,
7.2.4. the goods are in the corresponding quantity, measure or weight, and
7.2.5. The goods comply with the requirements of legal regulations.
7.3. The provisions referred to in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price to a defect for which a lower price has been agreed, to wear and tear of the goods caused by their normal use, to a defect corresponding to the degree of use or wear and tear that the goods had at the time of receipt by the buyer, or if it results from the nature of the goods.
7.4. If the defect becomes apparent within six months of receipt, the goods are considered to have been defective at the time of receipt. The buyer is entitled to exercise the right arising from a defect that occurs in the consumer goods within twenty-four months of receipt.
7.5. The buyer asserts the rights arising from defective performance with the seller at the address of his establishment, where the receipt of the complaint is possible with regard to the range of goods sold, or even at the registered office or place of business.
7.6. Other rights and obligations of the parties related to the Seller’s liability for defects may be regulated by the Seller’s Complaints Procedure.

OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

8.1. The Buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of the provisions of Section 1826 (1) of the Commercial Code. 1 lit. e) of the Civil Code.
8.3. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: http://www.coi.cz, is competent for out-of-court settlement of consumer disputes arising from a purchase contract.
8.4. The Seller is entitled to sell goods on the basis of a trade license. Trade inspection is carried out by the relevant Trade Licensing Office within its competence. Supervision over the area of personal data protection is carried out by the Office for Personal Data Protection. To a limited extent, the Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.5. The buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765 (1) of the Civil Code. 2 of the Civil Code.

PRIVACY
9.1. The protection of personal data of the Buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.
9.2. The Buyer agrees to the processing of the following personal data: name and surname, address of residence, identification number, tax identification number, e-mail address, telephone number and other data provided (hereinafter referred to as “personal data”).
9.3. The Buyer agrees to the processing of personal data by the Seller for the purposes of exercising the rights and obligations arising from the Purchase Contract and for the purposes of maintaining the User Account. If the Buyer does not choose another option, the Buyer also agrees to the processing of personal data by the Seller for the purpose of sending information and commercial communications to the Buyer. Consent to the processing of personal data in its entirety pursuant to this article is not a condition that would in itself make it impossible to conclude a purchase contract.
9.4. The Buyer acknowledges that he is obliged to provide his personal data (when registering, in his user account, when placing an order from the web interface of the store or when requesting a greenhouse comparison) correctly and truthfully and that he is obliged to inform the Seller of the change in his personal data without undue delay.
9.5. The Seller may entrust the processing of the Buyer’s personal data to a third party as a processor. Apart from the persons transporting the goods, the personal data of the seller will not be passed on to third parties without the prior consent of the buyer.
9.6. Personal data will be processed for an indefinite period of time. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
9.7. The buyer confirms that the personal data provided is accurate and that he has been instructed that this is a voluntary provision of personal data.
9.8. In the event that the Buyer believes that the Seller or the Processor (Article 9.5) carries out the processing of their personal data that is contrary to the protection of the Buyer’s private and personal life or contrary to the law, in particular if the personal data is inaccurate with regard to the purpose of their processing, the Buyer may:
9.8.1. ask the seller or processor for clarification,
9.8.2. require the seller or processor to remedy the situation thus created.
9.9. If the buyer requests information about the processing of his personal data, the seller is obliged to provide this information. The Seller has the right to demand reasonable remuneration for the provision of information under the previous sentence, not exceeding the costs necessary to provide the information.

SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
10.1. The Buyer agrees to receive information related to the goods, services or business of the Seller to the electronic address of the Buyer and further agrees to the sending of commercial communications by the Seller to the electronic address of the Buyer.
10.2. The buyer agrees to the storage of so-called cookies on his computer. In the event that it is possible to make a purchase on the website and to fulfil the Seller’s obligations under the Purchase Contract without storing cookies on the Buyer’s computer, the Buyer may withdraw the consent under the previous sentence at any time.

DELIVERY
11.1. It may be delivered to the buyer’s electronic address.

FINAL PROVISIONS
12.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer’s rights arising from generally binding legal regulations.
12.2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes invalid, the invalid provisions shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
12.3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
12.4. The annex to the Terms and Conditions consists of a sample form for withdrawal from the purchase contract.
12.5. Seller’s contact details: address is listed in the header of the Terms and Conditions.