Terms and Conditions | Topnatur.eu

Terms and Conditions

business company TOPNATUR s.r.o.

with its registered office at K Teplinám 679, Slušovice 763 15, IČ: 25312871, entered in the Commercial Register kept by the Regional Court in Brno, Section C, Insert 24790 (hereinafter referred to as the “Seller”) for the sale of goods through an online store located at https: //www.topnatur.cz/sk

INTRODUCTORY PROVISIONS

These terms and conditions (hereinafter referred to as "terms and conditions") govern in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., The Civil Code (hereinafter the "Civil Code") mutual rights and obligations of the parties arising in connection 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 internet shop is operated by the seller on the website located at the internet address https://www.topnatur.cz/sk (hereinafter referred to as the "website"), through the interface of the website (hereinafter referred to as the "web interface of the shop").

The Terms and Conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods in the course of their business or in the course of their independent profession.

Provisions deviating from the business conditions can be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.

If the seller offers the buyer any action that has or will have its own conditions, the conditions of this action take precedence over these business conditions. The promotion may be limited in time and / or quantity of goods sold, or may have other conditions and restrictions. The seller is entitled to cancel such an action at any time.

The provisions of the terms and conditions are an integral part of the purchase agreement. The purchase contract and business conditions are drawn up in the Czech language. In the event that the seller will provide a web interface for the store in a language other than Czech, the buyer acknowledges that this is only an informative translation and in case of any discrepancies, its Czech version will always take precedence. However, the seller is not obliged to provide the purchase contract or business conditions in a language other than Czech.

After the buyer concludes the purchase contract with the seller, it remains with the seller and is not accessible to the buyer. However, the buyer has the right to request this contract in writing, but pays the costs incurred by the seller.

The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

USER ACCOUNT

Based on the buyer's registration made on the website, the buyer can access its user interface. From its user interface, the buyer can order goods (hereinafter referred to as "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.

The Seller reserves the right at any time to restrict or terminate the Buyer's or other person's access to the user account and / or web interface of the Store.

Access to the user account is secured by username (buyer's email address) and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.

The buyer is not entitled to allow the use of the user account by third parties.

The buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the seller, or. necessary maintenance of third party hardware and software.

CONCLUSION OF THE PURCHASE AGREEMENT

The buyer agrees to the use of means of communication at a distance when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls, etc.) shall be borne by the buyer.

The buyer acknowledges that all presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.

The web interface of the store contains information about the goods, including the prices of individual goods. The prices of goods are listed including value added tax and all related fees in Czech crowns and euros. The prices of the goods remain valid as long as they are displayed in the web interface of the store.

The web interface of the store also contains information on the costs associated with the packaging and delivery of goods. The information on costs associated with the packaging and delivery of goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech and Slovak Republics.

Procedure for concluding a purchase contract

To conclude a purchase contract as part of the purchase process, the buyer first selects the goods he wants to purchase on the website, as well as the quantity required. Confirm this step by pressing the "Add to cart" button. If the buyer does not select the required quantity, one piece or other smallest offered unit of the relevant goods will always be added to the cart.

As soon as the buyer selects all the goods he intends to purchase using the above procedure, he continues the purchasing process by pressing the "ADD TO CART" button.

As part of the recapitulation of the order, the buyer shall state his contact details and the address to which the goods are to be delivered, or other information necessary for the handover of the ordered goods (hereinafter referred to as the "order").

Before sending the order, the buyer is allowed to check and change the data he entered in the order, even with regard to the buyer's ability to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the "Complete order" button.

The data listed in the order they are deemed correct by the seller.

Sending the order is considered to be such an act of the buyer, which undoubtedly identifies the ordered goods, the purchase price, the person of the buyer, the method of payment of the purchase price, and is a binding draft of the purchase contract for the parties. The condition for the validity of the order is the completion of all mandatory data in the order form, acquaintance with these business conditions on the website and confirmation of the buyer that he has read these business conditions.

The draft purchase contract in the form of an order is valid for 7 working days from the date of payment of the purchase price in accordance with Article 4 (PRICE OF GOODS AND PAYMENT TERMS) below.

The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation of the order (for example, in writing or by telephone). If the buyer does not confirm the order without undue delay, it is considered that the order is invalid.

The seller will immediately send the buyer a confirmation of receipt of the order. For the avoidance of doubt, this confirmation of receipt of the order cannot be interpreted as acceptance of the offer to conclude the purchase contract by the seller.

In the event that any of the requirements specified in the order cannot be met by the seller, he will send the buyer an amended offer to the buyer's e-mail address stating possible variants of the order and request the buyer's opinion.

The amended offer is considered a new draft of the purchase contract and in such a case the purchase contract is concluded only by acceptance of the buyer by e-mail.

The purchase contract between the seller and the buyer is concluded only when the goods are delivered to the place specified by the buyer and at the same time taken over and paid by the buyer. Until the delivery of the confirmation of payment of the purchase price by the seller, no act of the seller can be interpreted as acceptance of the buyer's offer.

PRICE OF GOODS AND PAYMENT TERMS

The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer may pay the seller in the following ways:

cashless payment card;

otherwise according to the current offer on the website

Along with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of goods in the agreed amount. For the avoidance of doubt, it is agreed that the payment of the purchase price is considered to credit the entire amount according to the previous sentence to the seller's account (or if the seller allows payment on delivery, handing over the above amount to the courier or delivery point).

If the buyer has chosen cashless payment as the method of payment, he will proceed during the payment according to the steps communicated to him within the relevant internet payment gateway.

If the buyer intends to make the payment by transfer to the seller's account, the seller's payment details will also be sent to him as part of the confirmation of receipt of the order in accordance with Article 3.10 above. The buyer acknowledges that he is obliged to pay the full purchase price (including costs associated with packaging and delivery of goods) within 7 days from the date of delivery of this information.

WITHDRAWAL FROM THE PURCHASE AGREEMENT

In accordance with the provisions of Section 1829 of the Civil Code, the buyer has the right to withdraw from the purchase contract within 14 days of receipt of the goods, even from an individual item of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence.

In case of withdrawal from the purchase contract, the buyer will hand over the goods immediately to the person who handed them over to the seller and if this is not possible, he is obliged to notify the buyer to the seller's email address and send the goods at his own expense to TOPNATUR s.r.o., K Teplinám 679 , Slušovice 763 15.

Upon withdrawal from the Contract, the Buyer may also use the sample form, which forms an annex to the terms and conditions.

In accordance with the provisions of Section 1836 of the Civil Code, it is agreed that it is not possible to withdraw from a purchase contract concerning perishable goods (eg fruit, vegetables or foodstuffs of animal origin) or goods that have been irretrievably mixed with other goods after delivery. Furthermore, the buyer cannot withdraw from the purchase contract if it relates to goods that were delivered in a sealed package, which the buyer removed from the package and for hygienic reasons it is not possible to return.

The buyer is obliged to return the goods complete and undamaged. Upon withdrawal from the purchase contract and subsequent return of the goods, the buyer is liable to the seller for the reduction in the value of the goods, which arose as a result of handling the goods differently than necessary due to their nature and properties.

In the event of withdrawal from the purchase agreement pursuant to Article 5.1 of the Terms and Conditions, the purchase agreement is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of goods to the seller, even if the goods can not be returned due to their nature by regular mail.

In the event of a valid withdrawal from the purchase contract, the price of the goods (or its proportion) will be returned within 14 days of the return of the goods (or proof that the goods were sent within the period specified in these terms and conditions) to the bank account from which the buyer paid.

The seller is entitled to unilaterally set off the claim for compensation for damage to the goods against the buyer's claim for a refund of the purchase price.

Until the goods are taken over by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return the purchase price to the buyer without undue delay, cashless to the account specified by the buyer.

TRANSPORTATION AND DELIVERY OF GOODS

If the seller is obliged under the purchase contract 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.

Delivery time is 3 - 7 working days. The transport company (Zásilkovna, Pošta bez Hranic) is responsible for handling the goods that are already in the transport.

Large orders can be divided into two or more packages - we cannot guarantee delivery of these packages within one shipment.

Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the case of finding a violation of the packaging indicating unauthorized entry into the consignment, the buyer does not have to take over the consignment from the carrier.

LIMITATION OF LIABILITY

The seller is not liable for any damage or any other consequences incurred by the buyer on the basis of or in connection with the actions of individual buyers, the way they use the web interface of the store, or other circumstances arising on the part of the buyer.

The seller is not liable for damages caused by force majeure or for outages of the website.

The seller is not responsible for the smooth, uninterrupted, error-free and secure operation of the store's web interface. The seller is not responsible for advertising or promotion carried out by any third party through the web interface of the store or liability for errors caused by third party interventions in the web interface of the store or as a result of its use contrary to its purpose.

The Seller is not responsible for services provided by entities other than the Seller, especially the payment system operators listed in these GTC, or deliverers (couriers), or for any consequences of their actions or rights and obligations associated with these services.

The availability of goods is tied to stock and the seller does not guarantee the availability of goods. In the event that it will not be possible to process the order for any reason on the part of the seller, the buyer will be informed by telephone and / or at the electronic address specified in the order.

The buyer uses the web interface at his own risk. The seller is not liable for any damages incurred in connection with the use of services, use of information or downloading of data published on the store's web interface, ie errors, omissions, interruptions, malfunctions, delays, computer viruses or data loss of the buyer or other third parties using the web interface. trade or other tangible and intangible losses.

The Seller is also not liable for breach of the GTC, if it was caused by circumstances excluding its liability, in particular the provisions of § 2924.

OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. e) of the Civil Code.

The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: http://www.coi.cz, is responsible for out-of-court settlement of consumer disputes arising from the purchase contract.

The seller is entitled to sell goods on the basis of a trade license. The trade license control is performed by the relevant trade licensing office within its competence. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection Authority, to a limited extent, supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.

The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.

EXTRAORDINARY DISPUTE RESOLUTION

If the consumer believes that he has been harmed by his rights or that the company has not fulfilled its obligations, the consumer is entitled to contact the company via eshop@topnatur.cz.

If the dispute is not resolved within the meaning of paragraph 1, pursuant to Act No. 634/1992 Coll., On Consumer Protection, as amended, you have the right to out-of-court settlement of a consumer dispute.

At the Czech Trade Inspection Authority, the consumer has the opportunity to submit a proposal via the online form available on the Czech Trade Inspection Authority's website: https://adr.coi.cz/cs.

The consumer may file a petition with the Czech Trade Inspection Authority or an authorized entity no later than 1 year from the date on which he exercised his right, which is the subject of the dispute, with the seller for the first time.

The consumer can also file a proposal through the EU Out-of-Court Consumer Dispute Resolution Platform, which is available online at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN. Only an EU consumer can apply here to an EU trader.

If the disputing parties are not satisfied with the quality of the out-of-court settlement of a consumer dispute and believe that the Rules for Out-of-Court Settlement of Consumer Disputes were violated during the proceedings, they can file a complaint to the Ministry of Industry and Trade or to the email address adr@mpo.cz.

In the case of cross-border disputes, the European Consumer Center Czech Republic assists consumers in accessing the relevant body for out-of-court settlement of consumer disputes.

The costs associated with out-of-court settlement of consumer disputes are borne by the parties themselves.

PROTECTION OF PERSONAL DATA

According to the general regulation (EU) 2016/679 (GDPR), the rules for handling the buyer's personal data, ie the processing and further management of this personal data, are contained in the information obligation of TOPNATUR s.r.o., which is published for the needs of the consumer at https: / /www.topnatur.cz/stranka/podminky-zpracovani-osobnich-udaju. Modification of the rules for handling the buyer's personal data is therefore not part of the general terms and conditions.

FINAL PROVISIONS

The contracting parties may deliver ordinary correspondence to each other by e-mail, to the e-mail address specified in the buyer's user account or specified by the buyer in the order, resp. to the address listed on the seller's website.

The buyer agrees to the sending of commercial communications and 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 the seller to the electronic address of the buyer.

The buyer agrees to the storage of so-called cookies on his computer. If it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase agreement without storing so-called cookies on the buyer's computer, the buyer may revoke the consent under the previous sentence at any time.

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 does not affect the consumer's rights under generally binding legislation.

If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will 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. Changes and additions to the purchase agreement or business conditions require a written form.

The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.

A sample form for withdrawal from the purchase contract is attached to the terms and conditions.

Seller's contact details: delivery address TOPNATUR s.r.o., K Teplinám 679, Slušovice 763 15, e-mail address eshop@topnatur.cz phone +420 773 763 534

these Business Terms and Conditions take effect on September 1, 2019

In Slušovice on September 1, 2019