Trade terms and conditions
for the sale of goods through an online store located at naturshop.cz website
operator: Marek Červenka
Place of business / Residence: Rubešova 1285/16, 326 00 Plzeň
Business premises / personal taking of goods: Koterovská 20, 326 00 Plzeň
Company ID: 69261342, VAT No.: CZ7704252116 (VAT registered company)
Registered: extract from the Commercial Register
Contact address: Marek Červenka
List of premises: Koterovská 20, 326 00 Plzeň
Opening hours: Mon-Fri from 9.00 to 15.00
I. Introductory provisions
1.1. These Business Terms and Conditions (hereinafter referred to as the "Terms and Conditions"), with the Operator Marek Červenka and registered office at Rubešova 1285/16, Koterovská 20, 326 00 Plzeň, Identification Number: 69261342, Tax ID: CZ7704252116, registered in the Commercial Register (hereinafter referred to as the "Seller") provide for in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising out of or in connection with the Purchase Contract (hereinafter referred to as the "Purchase Contract" ) concluded between the seller and another natural person (hereinafter referred to as the "Buyer") via the seller's internet shop. The e-shop is operated by the seller on a website located at naturshop.cz (hereinafter referred to as the "website") through the web interface (hereinafter referred to as the "web interface of the store").
1.2. Business Terms and Conditions do not apply to cases where a person intending to buy the goods from a seller, is a legal entity or person who acts when ordering products in the course of their business or independent pursuit of their profession.
1.3. Provisions differing from the terms and conditions may be negotiated in the sales contract. Different arrangements in the sales contract take precedence over the provisions of the terms and conditions.
1.4. Business Terms and Conditions are an integral part of the sales contract. The Purchase Agreement and the Business Terms and Conditions are prepared in the Czech language. The purchase contract can be concluded in the Czech language.
1.5. The seller may change or add the wording of the business terms. By this provision are not affected the rights and obligations arising during the period of validity of the previous version of the terms and conditions
II. User account
2.1. Based on buyer registration made on a website, the buyer can access its user interface. From its user interface, the buyer can perform the ordering of goods (hereinafter referred to as the "user account"). If allowed on the web interface, the buyer can also order products without registration directly from the web interface of the store.
2.2. When registering on a web page and ordering goods, the buyer is obligated to indicate correctly and truthfully all data. The details given in the user account are obligatory for the buyer to update any change. Data provided by the buyer in the user account and when ordering the goods are considered by the seller to be correct.
2.3. Access to the user account is secured by username and password. Buyer is required to maintain confidentiality regarding the information necessary to access his / her user account.
2.4. The buyer is not authorized to allow the use of the user account to third parties.
2.5. Seller may cancel the user account, especially if the buyer does not use his user account for more than one year, or if the buyer violates his obligations under the sales contract (including business Terms and Conditions).
2.6. The Buyer notes that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller or maintenance of hardware and software of third parties.
III. Concluding a purchase contract
3.1. All presentations of the goods placed in the web interface of the store are informative, and the seller is not obliged to conclude a purchase contract for these goods. Section 1732 (2) of the Civil Code does not apply.
3.2. The web interface of the store contains information about the goods, including the indication of the prices of the individual goods and the costs of returning the goods if these goods cannot be returned by their normal way of postal route. Goods prices are quoted including value added tax and all related fees. Product prices 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 for individually negotiated terms.
3.3. The store's web interface also includes information on the cost of packaging and delivering goods. Information on the costs associated with the packaging and delivery of the goods listed in the web interface of the trade is valid only in cases when the goods are delivered within the territory of the Czech Republic.
3.4. To order the goods, the buyer completes the order form in the web interface of the store. The order form contains, in particular, information about:
ordered goods (the ordered goods "put" the buyer into the electronic shopping cart of the web interface of the store),
the method of payment of the purchase price of the goods, details of the required delivery method of ordered goods and
information on the costs associated with the shipment of the goods (hereinafter referred to as "the order").
3.5. Before sending the order to the seller, the buyer is allowed to check and modify the data that the buyer has placed in the order, also with regard to the buyer's ability to identify and correct the errors that occurred when entering the data into the order. The order is sent by the buyer to the seller by clicking on the button in the last step of the ordering process "I confirm the order with commitment." The data listed in the order they are deemed correct by the seller. On receipt of the order, the Seller will acknowledge receipt of the receipt to the buyer by e-mail, to the buyer's email address listed in the user account or the order (hereinafter referred to as the "buyer's electronic address").
3.6. The seller is always entitled regarding to character of the order (quantity of goods, purchase price, estimated transport costs) to ask the buyer for additional confirmation of the order (for example, in writing or by phone)
3.7. The contractual relationship between the seller and the buyer arises from the delivery of the order confirmation (acceptance) to the e-mail address of the buyer.
3.8. The buyer agrees to use remote means of communication when concluding the purchase contract. Costs incurred by the buyer when using remote means of communication in connection with the conclusion of a purchase contract (costs of Internet connection, telephone call costs) are borne by the buyer himself, which does not differ from the basic rate.
3.9 Photographs, pictures, or graphical product presentations are for illustration only unless expressly stated otherwise on the product card or website.
3.10. The seller reserves the right to cancel the order due to unavailability of the ordered goods, non-payment of the order in case of payment before delivery, prevention of further or further damage, or detection of possible fraudulent conduct of the buyer, or misuse or circumvention of the seller's system.
3.11. The seller is entitled to withdraw from the contract at any time before delivery of the goods, if the buyer is not objectively able to deliver the goods within a reasonable circumstance, if it is not able to guarantee the proper safe delivery or insurance of a consignment of high value or weight, and / or if it turns out that the buyer has breached a previously concluded contract with the seller. At the same time, the seller warns the buyer that the contract is not concluded if there are justified doubts about the true identity of the buyer or in case of obvious errors in the information about the goods or price.
3.12. If the buyer orders within one order or one week goods in a total value exceeding 30.000,- CZK incl. VAT (or equivalent of this value in different currency), the seller may require verification of the buyer's data, provided that at least one contract from that registered account must have been concluded in the past trough our e-shop and that this contract was not terminated prematurely by the buyer or the seller or there was any action in conflict with the seller's business conditions. If the buyer does not meet the required conditions stated above, the seller has the right to cancel the buyer's order.
3.13. We dont ship goods to P.O.Boxes or anonymous delivery addresses, we ship to private addresses only. The billing and shipping address of the state must always be the same country. We dont accept different billing/shipping countries.
IV. Price of goods and payment terms
4.1. The buyer may pay to the seller the price of the goods and any costs associated with the delivery of the goods under the purchase contract by the following methods:
- in cash at the seller's premise at: Koterovská 20, 326 00 Plzeň;
- cash on delivery at the place specified by the buyer in the order;
- cashless bank transfer:
a) to the seller's CZK currency Czech account number 237670635/0300, maintained by ČSOB a.s. (hereinafter referred to as the "Seller Account");
b) to the Slovakian EUR currency account of the Seller IBAN.SK4611000000002923834301, SWIFT: TATRSKBX
c) to other EU countries EUR currency account for SEPA EUR payments: IBAN: CZ8003000000000262324187
- cashless via the PayPal payment system;
- cashless payment card
4.2. Together with the purchase price, the buyer is also required to pay the seller the costs associated with the packaging and delivery of the goods at the agreed rate. Unless otherwise specified, the purchase price and the costs associated with the delivery of the goods are understood.
4.3. The seller does not ask the buyer for a deposit or other similar payment. 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 a non-cash payment, the purchase price is payable within 7 days of the conclusion of the purchase contract.
4.5. In the case of cashless payment, the buyer is required to pay the purchase price of the goods together with the variable payment symbol. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
4.6. The Seller is entitled, in particular, in the case that the buyer does not perform an additional confirmation of the order (Article 3.6), request the payment of the full purchase price before the goods are dispatched to the buyer. Paragraph 2119 (1) of the Civil Code does not apply.
4.7. Any discounts on the price of goods provided by the seller to the buyer can not be combined.
4.8. If it is customary in the course of trade or if it is stipulated by generally binding legal regulations, the seller shall issue a tax document - invoice to the purchaser in respect of payments made under the purchase contract. The seller is a value added tax payer. Tax document - An invoice is issued by the seller to the buyer
4.9. Under the Sales Records Act, the seller is required to issue a receipt to the buyer. At the same time, he is required to register the received revenue with the tax administrator online; in the case of a technical failure, within 48 hours at the latest.
V. Withdrawal from the Purchase Agreement
5.1. The Buyer notes that, according to the provisions of Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from the purchase contract for the supply of goods which has been adjusted according to the buyer's or his person's wish, from the purchase contract for the delivery of products subject to rapid perishable goods which after the delivery has been irreversibly mixed with other goods, from the purchase contract for the supply of goods in sealed packaging which the consumer has exempted from the packaging and for hygienic reasons it can not be returned and from the purchase contract for the delivery of a sound or pictorial recording or a computer program, original packaging.
5.2. In the case of the case referred to in Article 5.1 or in another case where the purchase contract cannot be withdrawn, the Buyer has the right to withdraw from the Purchase Contract in accordance with Section 1829 (1) of the Civil Code, within 14 days from the receipt of the goods, where, in the case of several types of goods or the delivery of several parts of the purchase contract, this period runs from the date of the last delivery of the products. The withdrawal from the sales contract must be sent to the seller within the time limit specified in the previous sentence. To withdraw from the purchase contract, the buyer may use the model form provided by the seller, which forms an annex to the business terms and conditions. Withdrawal from the sales contract may be made by the buyer, to the address of the seller's premises or the seller's e-mail address.
5.3. In the case of withdrawal from the purchase contract according to Art. 5.2 of the Business Terms and Conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller within 14 (fourteen) days of withdrawal from the commitment to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of the goods to the seller, even if the products can not be returned by their standard postal route.
5.4. In the event of withdrawal under Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Purchaser within 14 (fourteen) days of withdrawal from the Purchase Agreement in the same manner as the Seller has accepted from the Purchaser. The seller is also entitled to return the performance provided by the buyer upon returning the goods to the buyer or otherwise, provided that the purchaser agree to do so without incurring additional costs to the buyer. 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 or shows that the goods have been dispatched to the seller.
5.5. The Seller is entitled to indemnify unilaterally the Buyer's claim for a refund of the purchase price.
5.6. Upon receipt of the goods by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller shall return the purchase price to the buyer without undue delay, by credit card to the buyer's account.
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 agreement is lost, and the buyer is obliged to return the goods together with the seller provided a gift.
The withdrawal form is here to download.
VI. Carriage and delivery of merchandise
6.1. If the mode of transport is agreed upon by a buyer's special request, the buyer bears the risk and any additional costs associated with this mode of transportation.
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 accept this delivery.
6.3. If for reasons of buyer's need, it is necessary to deliver the goods repeatedly or in a manner other than that stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively. Costs related to another delivery method.
6.4. Upon receipt of the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without undue delay. In the event of a violation of the packaging indicating unauthorized entry into the consignment, Buyer is not required to accept delivery of the consignment from the carrier.
6.5. Other parties' rights and obligations in the carriage of goods may alter the seller's special delivery terms when the seller issued.
VII. Rights from defective performance
7.1. The rights and obligations of the Contracting Parties concerning rights of defective performance are governed by applicable generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
7.2. The seller is responsible to the buyer for the goods to be free from defects. In particular, the seller replies to the buyer that at the time the buyer took over the goods:
a) the products have characteristics that the parties have negotiated and, in the absence of an arrangement, possess such attributes as the seller or the manufacturer has described or which the buyer expects concerning the nature of the goods and the advertising they make,
b) the goods are fit for the purpose which the seller indicates or to which products of this type usually are used,
c) the goods correspond to the quality or performance of the agreed sample or original if the quality or design has been determined on the basis of the agreed sample or original,
d) the goods are in the appropriate quantity, degree or weight and goods comply with legal requirements.
7.3. The provisions of Article 7.2 of the Business Terms and Conditions do not apply to goods sold at a lower price for a defect for which a lower price has been agreed for the wear and tear of the goods due to its normal use, buyer, or if it results from the nature of the goods.
7.4. If there is a defect within six months of the takeover, the goods are deemed to have been defective already at a takeover. The buyer is entitled to claim the right to a defect that occurs on consumer goods within twenty-four months of the takeover.
7.5. Rights to defective performance are claimed by the buyer at the seller at his / her establishment, where acceptance of the claim is possible concerning the range of goods sold, eventually even at the registered office or place of business. The moment when the claim is made is the moment when the seller received the goods claimed from the buyer.
7.6. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's claim rules.
7.7. The Czech Commercial Inspection, with registered office at Štěpánská 567/15, 120 00 Praha 2, IČ: 00020869, www.coi.cz, is responsible for out-of-court settlement of consumer disputes under the purchase contract.
7.8. Rights from defective performance cannot be transferred by third parties.
VIII. 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 concerning the buyer in the sense of § 1826 (1) e) the Civil Code.
8.3. Out-of-court complaint handling of consumers is ensured by the seller through the electronic address naturshop.cz. Buyer information will be sent to the buyer's electronic address.
8.4. The seller is authorized to sell the goods on the basis of a trade license. The trade license is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of the area of ??personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection exercises, among other things, the supervision of the observance of Act No. 634/1992 Coll., On Consumer Protection, as amended.
8.5. The buyer hereby takes on the risk of changing circumstances in accordance with § 1765 (2) of the Civil Code.
9.2. The purchaser will provide to seller the following information: name and surname, address, identification number, tax identification number, e-mail address, IP address, telephone number and guarantees their correctness.
9.3. The purchaser agrees that the seller's processing the data for the purpose of realizing the rights and obligations of the Purchase Agreement and for the purpose of maintaining the user's Account. If the purchaser does not choose another option, he agrees with the processing of personal data by the seller also for the purposes of sending information and commercial communications to the purchaser. Consent to the processing of personal data in its entirety under this Article is not a condition that would in itself make it impossible to conclude a sales contract.
9.4. The purchaser notes that he is required to state his / her personal details (when registering, in his user account, when ordering from the web interface of the store), to report correctly and truthfully and to inform the seller of any change in his / her personal data without undue delay.
9.6. We find your satisfaction with your purchase through our e-mail questionnaires within our Customer Authentication program where our e-shop is involved. We send you every time you buy at us if, within the meaning of Section 7 (3) of Act No. 480/2004 Coll. about some information society services, you will not decline to send them. Processing of personal data for the purpose of submitting questionnaires within the program "Verified by customers" is carried out on the basis of our legitimate interest in determining your satisfaction with the purchase at us. For sending questionnaires, evaluating your feedback, and analyzing our market position, we use the processors, which is Heureka.cz gateway; we can transfer information about purchased goods and your e-mail address for these purposes. Your personal information is not transmitted to any third party for its own purposes when sending an email. You can at any time oppose the sending of e-mail questionnaires within the Customer Authentication program by rejecting additional questionnaires via a link in a questionnaire email. In case of your objection, we will not send you the questionnaire further.
9.7. In order to prevent crime and minimize damage, we reserve the right to refuse a purchaser's order created from a blocked IP or email address if that address is on a so-called blacklist. In case of problems with the order, the purchaser can contact us via contact form.
9.8. We reserve the right to use anonymized data about the users' activities in the web applications to improve our services.
X. Final Provisions
10.1. If a relationship based on a purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. By this does not affect the consumer's rights under generally binding legal regulations.
10.2. If any provision of the Terms and Conditions is invalid or ineffective, or if it becomes, instead of invalid clauses is introduced a valid provision which is its extent of the purpose as close as possible to the invalid one. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions.
10.3. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
10.4. The Attachment on Business Terms and Conditions is a sample withdrawal form from the sales contract.
10.5. Contact details of the seller: delivery address: Marek Červenka, Naturshop.cz, Koterovská 351/20, 32600 Pilsen, Czech republic), e-mail address admin(at)naturshop(dot)cz
10.6. These Terms and Conditions, including their parts, are valid and effective from October 28, 2018, and cancel the previous version of Terms and Conditions, including its parts, and in which case are available at the registered office and the seller's premises or electronically at naturshop.cz.
In Pilsen on 28.10.2018