General Commercial Terms and Conditions for Retail
These General Commercial Terms and Conditions (hereinafter "Terms and Conditions”)
apply to contracts concluded via the online CBD CODE shop placed on the Web Interface
www.cbdcode.com (hereinafter "Web Interface ) by and between
CBD code s.r.o., headquartered Lidicka 700/19, Veven, 602 00 Brno;
ID VAT: CZ04380380;
incorporated in the Business Register of the Regional Court of Brno; Section C; File 89613;
Postal address: Lidicka 700/19, Veven, 602 00 Brno
Telephone number: 00421 905 792 100
Contact e-mail: firstname.lastname@example.org
and you, as the Buyer.
1. PRELIMINARY PROVISIONS
By the purchase contract, we commit to supply to you the goods specified in the order, and you agree to accept the goods (either in person, or by carrier), and pay the purchase price as specified in the order. The purchase price (or just “Price”) includes also the costs associated with the delivery of goods and any fees associated with the payment method chosen. The height of these expenses will always be communicated to you before the mandatory sending of the order.
Goods sold on the Web Interface, which are electronic cigarettes, are governed by Act No. 379/2005 Coll. on measures to protect against damage caused by tobacco products, alcohol and other addictive substances, as amended. Such kind of goods cannot be sold to persons under 18 years of age.
None of the products placed on the Web Interface is a drug or medicinal product within the meaning of the Act No. 378/2007 Coll. on Pharmaceuticals, as amended. Goods that are food intended for particular nutritional uses are intended as supplements to a varied and balanced diet.
You acquire the title to the goods upon the payment of the full Price, but not before you take the goods over.
1.1. Does the purchase contract refer only to the goods?
Purchase contract (or just “Contract”) is referred herein as any contract entered into pursuant to these Terms and Conditions. Thus, it may be also a service contract.
1.2. Is the Contract a consumer contract?
It is a consumer contract, if you're a consumer, i.e. if you are a natural person, purchasing goods outside your business or beyond the independent exercise of your profession; otherwise, it is not a consumer contract and the consumer protection under the laws and these Terms and Conditions does not apply to you, but the General Commercial Terms and Conditions for Wholesale do (www.cbdcode.com/en/content/14-vop-velkoobchod). Especially, you are not entitled, as a non-consumer, to withdraw from the contract without giving any reason.
1.3. What special rights do you have as a consumer?
As a consumer, you are primarily entitled to:
- To withdraw from the contract concluded by means of distance communication, e.g. by telephone, e-mail or through an online store (Article 5 of these Terms and Conditions);
- The warranty on unused consumer goods of twenty-four (24) months (warranty claims are governed by the Complaints Procedure);
- Have information disclosed to before concluding the contract (information is contained in these Terms and Conditions, or on the Web Interface);
- Judicial resolution of consumer disputes under the contract (Article 7.3 of these Terms and Conditions).
1.4. What is governing our legal relationship?
Our legal relationship is governed by the following documents:
- These Terms and Conditions that define and specify our mutual rights and obligations; if you're not a consumer, our relationship is governed by these Terms and Conditions only in matters not treated by General Commercial Terms and Conditions for Wholesale (www.cbdcode.com/en/content/14-vop- velkoobchod) ;
- Complaints Procedure (www.cbdcode.com/en/content/11-reklamacni-rad) , upon which we will proceed in addressing complaints;
- Conditions and instructions given on the Web Interface, especially when entering into a contract;
- Order and its acceptance from our side;
And, in issues not regulated herein, also by the following legislation:
- Act No. 89/2012 Coll., the Civil Code, in effective wording (hereinafter “Civil Code”);
- Act No. 634/1992 Coll., on Consumer Protection, as amended (only if you are a consumer).
If your place of residence is outside the Czech Republic, or our legal relationship contains another international element, you acknowledge that our relationship shall be governed by Czech law. If you are a consumer and the legal order of your country of residence provides a higher level of consumer protection than the Czech legal order, you will be provided with this higher level of protection in legal relations.
1.5 How do you agree with the terms and conditions?
By sending an order, and also by confirmation on the Web Interface you acknowledge that you have been made familiar with these Terms and Conditions, and agree with them.
The text of Terms and Conditions may be modified or supplemented. Your rights and obligations are always governed by the text of Terms and Conditions, under effectiveness of which were established.
2. PURCHASE CONTRACT
2.1. How do we conclude the Contract?
The Web Interface contains a list of goods, including descriptions of the main characteristics of the individual components. There is the Price, including all taxes, duties and charges, indicated for each article of goods. Presentation of goods is informative, and it is not our proposal for concluding the Contract under par. 1732 (2) of the Civil Code. To conclude the Contract, the order is to be sent by you and accepted by us.
2.2. How to place an order?
You can always place an order through the Web Interface (by completing the form), or by telephone, e-mail or any other means which we enable according to the current information contained on the Web Interface.
We will conclude the Contract with you concerning electronic cigarettes if, at the time of order, you were over 18 years of age. When placing an order, you acknowledge that you are at least 18 years old, and you provide your date of birth.
The order must contain all the information required on the form, in particular, the precise identification of the goods ordered (or numerical designation of goods), the number of pieces, chosen methods of payment and shipping, and your contact details (delivery and possibly billing data).
Before sending the order, verify the data entered; after you press “Confirm Order”, your order becomes binding. We consider the data referred to in the binding order to be correct and complete. You should inform us about their change immediately by phone or e-mail.
We shall inform you about the receipt of the order. Information (confirmation) of the order receipt is sent automatically; it does not constitute acceptance of the order from our side, unless such is explicitly stated therein.
In doubts regarding the authenticity and seriousness of the order, we will contact you for the purpose of verification thereof. When buying electronic cigarettes, we may ask for the proof of age of 18 years. We can refuse an unverified order, including an order placed by anyone with the age of 18 unproved. Such an order is then deemed not placed at all.
2.3. So when the Contract is concluded then?
The Contract is concluded at the moment, when you receive the order acceptance from us. Acceptance of the order will be sent to the e-mail address specified by you in the order. If no order acceptance took place, the Contract is concluded at the moment, when you pay the entire Price, or take the ordered goods over (whichever occurs first). Order acceptance may be part of the
information about the receipt of an order pursuant to Article 2.2 of these Terms and Conditions (if such is explicitly stated in the acceptance), or may follow such confirmation separately.
Information about individual technical steps leading to the Contract conclusion are apparent from the Web Interface.
2.4. Can you cancel the order already sent?
You can cancel the order, which we have not yet accepted (i.e. we have not sent the order acceptance to you according to Article 0 of these Terms and Conditions), by phone or e-mail. All orders accepted by us are binding. Later cancellation of the order is possible only upon consultation with us. If such cancellation refers to the order of goods, in respect of which it is impossible to withdraw from the contract (in more detail in the Article 5), we are entitled to reimbursement of expenses that we have incurred so far in connection with the Contract.
2.5. Can the Price shown on the Web Interface be changed?
Prices of the presented goods, and prices for packaging, transport and delivery, remain in force as long as they are presented in the Web Interface. No discounts on the price of goods can be combined, unless it is explicitly stated otherwise on the Web Interface.
In the event an obvious technical error was made from our side in the indication of the Price of goods on the Web Interface, or during ordering, we are not obligated to deliver the goods to you for such obviously incorrect Price, not even if the order acceptance was sent to you under these Terms and Conditions. In this case, we reserve the right to withdraw from the Contract.
If the Price indicated for the goods on the Web Interface or during ordering is not more applicable, we shall inform you of this fact immediately. Unless having accepted your order, we are not obligated to conclude the Contract.
The orders placed shall not be affected by the change of prices that occurred in the period between the order was placed and accepted by us according to Article 0 of these Terms and Conditions.
2.6. Can you get the Contract in a text form?
The Contract is not concluded in writing with the signatures of the parties. TheContract is formed by these Terms and Conditions, your order, and acceptance thereof sent by us. The entire Contract will be sent to you by e-mail or, at your request, in a printed form by post. When sent by post, we can ask for reimbursement of the expenses involved.
2.7. What if you do not understand anything indicated in the Contract?
If you have any question to the Terms and Conditions or the Contract, you can contact us by phone or via e-mail. We will gladly provide you with all the necessary information.
2.8. In what languages the Contract can be concluded?
The Contract can be concluded in the Czech language, unless we explicitly agree to another language.
2.9. Is the Contract retained somewhere?
The Contract (including these Terms and Conditions) is maintained in an electronic form. The Contract is not accessible to any third parties, but we will send it to you on request.
3. PAYMENT TERMS
3.1. What payment methods do we accept?
You can pay the Price mainly in the following ways:
- Cashless by credit card before the goods are delivered;
- Cashless by transfer to our bank account before the goods are delivered (you will receive instructions in the order acceptance).
Any other methods of payment are listed on the Web Interface.
Some forms of payment (cash on delivery, in particular) may be charged. These charges are listed on the Web Interface. The order will always specify the final Price, which already includes charges related to the payment method.
3.2. When is the maturity of the Price?
In case of cashless payments before the goods are delivered, the Price shall be payable within five (5) days from the order acceptance according to the Article 0. Your obligation to pay the price shall be met, in case of the cashless payment, at the time when the appropriate amount credited our bank account.
3.3. In what currency can you pay?
Payment of goods can be made in Czech Crowns (CZK) and Euros (EUR).
3.4. When can we ask for a deposit or a payment in advance?
We can demand deposit on the Price especially in orders with a total cost of over CZK 5,000.
Furthermore, we may ask you for a payment of the full Price of the goods before these were shipped or handed over (par. 2119 (1) of the Civil Code does not apply).
4. TERMS OF DELIVERY
4.1. How we ship the goods?
Methods of delivery of the goods are listed on the Web Interface. You choose a particular delivery method in your order. If you do not choose a delivery method, we can determine it ourselves.
4.2. What are the costs of delivering the goods?
Costs of delivery of the goods always depend on the size and nature of the goods, and the price list of the chosen carrier. The current costs of delivery of the goods are listed on the Web Interface.
The order will always specify the final Price, which already includes costs of the selected method of delivery.
4.3. When do we deliver the goods to you?
The time of delivery of the goods will always depend on availability thereof, and on the chosen methods of transport and payment.
We ship the goods on stock usually within five (5) working days after the payment credited our bank account.
We ship the goods that are not on stock as soon as possible. We will inform you about the exact date of shipment.
Delivery of the goods in line with these Terms and Conditions shall mean to take place at the moment, when the goods were delivered to you. If you unreasonably refuse to accept the goods, this fact shall not be deemed as a failure to deliver the goods or withdrawal on our part.
4.4. How to proceed in taking the goods over?
At receipt, check the integrity of the package. If you find any defects, immediately notify the carrier and us thereof. If you refuse to take a shipment with damaged packaging over, it is not deemed as an unreasonable refusal of the goods.
Upon the receipt of the goods (or at a moment, when you had an obligation to take the goods over, but you have not done this contrary to the Contract), the liability for accidental destruction, damage or loss of goods passes on you.
4.5. What happens if you do not take the goods over?
If, for the reasons on your part, the goods must be delivered repeatedly or in a way other than agreed, you are obliged to pay the costs associated with such delivery.
In the event that you fail to take the goods over unreasonably, we are entitled to reimbursement of costs associated with the delivery of goods and storage, as well as of additional costs we incur due to non-acceptance of goods. These costs shall not exceed CZK 10.00 per each day of storage. Storage costs can reach a maximum total amount of CZK 500.00, or the amount of the purchase price, if it is lower than CZK 500.00.
Furthermore, we have the right to cancel the Contract in this case.
5. WITHDRAWAL FROM THE CONTRACT
5.1. How can you withdraw from the Contract?
You can withdraw from the Contract within fourteen (14) days of receipt of goods; if the delivery was divided into several sub-deliveries, from the date of receipt of the final sub-delivery. We advise to send the notice of withdrawal from the Contract to our mailing address or e-mail. A sample form
(www.cbdcode.com/en/content/10-formular-odstoupeni-od-smlouvy) can be used for withdrawal. We will confirm the acceptance of notification without delay.
There is no need to justify withdrawal from the Contract.
5.2. What are the consequences of withdrawal?
By the withdrawal, the Contract is to consider null and void, as if had not been concluded at all.
If any gift was given to you with your consent along with the goods, the gift agreement shall cease to exist upon withdrawal from the Contract by either party. You have to send the gift to us back along with the returned goods.
5.3. When you cannot withdraw from the Contract?
Pursuant to the par. 1837 of the Civil Code, the following contracts, among others, cannot be withdrawn from:
- o Contract of the supply of goods subject to rapid deterioration, as well as the goods which, after delivery, were irrevocably mixed with other goods;
- o Contract of the supply of sealed-packed goods, which were unsealed and cannot be returned due to hygienic reasons.
5.4. How do you return the goods to us?
You are required to return the goods to us within fourteen (14) days after withdrawal from the Contract to our mailing address, to any establishment, or the address of our headquarters. Do not send goods as “cash on delivery”. We are not obliged to accept the goods sent as “cash on delivery”.
We recommend to attach to the returned goods the following:
- A copy of the delivery note and invoice, if issued, or any other document proving the purchase of goods;
- A written statement of withdrawal (on our form or otherwise) and the selected method of money refund (bank transfer, cash acceptance in person, postal order, or otherwise). Enter your mailing address, phone and e-mail to the explanation box.
Failure to submit any of the documents referred to above shall not preclude a positive settlement of your withdrawal under legal conditions.
5.5. When do you get your money back?
We will refund to you all funds received within fourteen (14) days of the withdrawal. Please note, however, that we are not obliged to return the money to you before you returned the goods or proved that you sent the goods to us.
In addition to the Price, you are also entitled to reimbursement of costs of the goods delivery to you. However, if you chose other than the cheapest shipping method that we offer, we will refund the cost of delivery of goods in an amount equivalent to the cheapest offered way of delivery of goods.
We will return the money:
- In the same way as received, or
- In the way you request.
In addition to the above methods, we can always return money by sending it to the bank account communicated by you, or an account, from which the funds were remitted as the payment of the Price (unless you advise us of any other within ten (10) days of withdrawal). By accepting these Terms and Conditions, you express your consent to have the funds remitted pursuant to the preceding sentence on the condition that this does not incur any additional costs.
You shall pay the costs associated with the shipment of returned goods to our address, even if the goods cannot be returned by the usual postal route due to their nature.
5.6. When may we withdraw from the Contract?
We reserve the right to withdraw from the Contract in the following cases:
- If a clearly erroneous Price of goods was presented on the Web Interface due to a technical error (Article 2.5 of these Terms and Conditions);
- The goods cannot be delivered under the original conditions of supply due to objective reasons (mainly because the goods are no longer produced; the supplier ceased to supply them to the Czech Republic etc.);
- Delivery becomes objectively impossible or illegal.
In the event of the occurrence of any of the foregoing, we will inform you of our withdrawal immediately. Withdrawal becomes effective at the moment when you received it.
If you have fully or partly paid the Price, we will refund the amount received by bank transfer to the account as communicated by you for this purpose, or from which you made the payment. We make refunds within five (5) days from the withdrawal.
6. RIGHTS OF DEFECTIVE PERFORMANCE
Your rights of defective performance are governed by the relevant legislation (in particular, the provisions of pars. 1914 to 1925, 2099 to 2117, and 2158 to 2174 of the Civil Code).
In exercising the rights of defective performance, we will proceed in line with our Complaints Procedure. Before sending a complaint, please, read thoroughly the Complaints Procedure in order to have the complaint resolved as quickly as possible to your satisfaction.
7. FINAL PROVISIONS
7.1. What permissions do we have to conduct our activities, and who controls us?
We are entitled to sell the goods upon the trade license. Our activity is not subject to any other permissions.
Trade inspection is carried out by the relevant Trade Office under their authority. The Czech Trade Inspection Authority inspects compliance with the legislation on technical requirements for products and product safety (http://www.coi.cz/); in case of food products, the Czech Agriculture and Food Inspection Authority inspects compliance with the standards laying down requirements for food
(http://www.szpi.gov.cz). The State Veterinary Administration supervises the legislative protection on animal feed and products for animals (http://eagri.cz/public/web/svs/portal/). The Czech Trade Inspection Authority also performs monitoring of compliance with consumer protection regulations. Consumer rights are advocated also by their interest groups and other entities in charge of their
7.2. How do we handle complaints?
Any complaints are handled through our contact e-mail. Additionally, you can contact the entities as referred to in Article 7.1. In relation to our customers, we are not bound by any codes of conduct, and we do not follow such either.
7.3. What are your rights in a consumer dispute?
If you are a consumer and there is a dispute between us arising from the Contract that we cannot solve directly, you have the right to take this dispute to the Czech Trade Inspection Authority (http://www.coi.cz/) for the purpose of out-of-court settlement thereof. You can exercise this right within one (1) year from the day, in which you have for the first time exercised with us the right, which is subject of the consumer dispute.
7.4. What else you should know?
The distance communication means are used to conclude the contracts (especially the Internet). You shall bear any costs incurred in using the means of distance communication (especially the cost of Internet access or phone calls). These costs do not differ from their standard rates.
Unless agreed otherwise, all correspondence related to the Contract between us shall take place in writing, either by sending an e-mail, registered mail, or by personal delivery. We will send communications to you to the email address specified in the order, or in your user account.
In the event that any provisions of these Terms and Conditions become invalid, ineffective or unusable (or will become such), such provisions shall be used instead that, by their purpose, are closest to the invalid, ineffective or unusable ones. The invalidity, ineffectiveness or unusability of any provision shall not affect the validity of the remaining provisions. The Contract (including Terms and Conditions) may be modified or amended only in writing.
These Terms and Conditions shall be valid and effective from 01.07.2016.