Business terms and conditions

Business terms and conditions of the CannaBros e-shop operator

These business terms and conditions regulate the legal relationship between the customer of the CannaBros e-shop and the company NETOPIL BROTHERS, s.r.o., with its registered office at Nekvasilova 572/19, Karlín, 186 00 Praha 8, ID number: 08499853, which operates the e-shop (hereinafter “e-shop operator“). These business terms and conditions are intended for the purchase of goods by the buyer for direct consumption (hereinafter “customer“) and are part of the contract that the e-shop operator, as the seller, concludes with the customer, as the buyer.

If certain attributes of the relationship (purchase) are regulated differently in the offer of a specific product, such different provisions shall apply and take precedence over these general business terms and conditions. The principle of priority of derogating provisions also applies to the offer of goods under a special campaign.

These business terms and conditions also fulfill the function of meeting the information obligations pursuant to Act No. 634/1992 Coll., On Consumer Protection and other regulations, as applicable.

1. CUSTOMER REGISTRATION AND CONTRACT CONCLUSION

To make a purchase (conclude a contract), the customer needs to be registered in the customer database of the e-shop operator.

When registering on the website and when ordering goods, the customer is obliged to state all data correctly and truthfully. The customer is obliged to update the data specified in the user account in the event of any change.

Access to the user account is secured by a username and password. The customer is obliged to maintain confidentiality regarding the information necessary to access his user account. The customer 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 e-shop operator, or necessary maintenance of third party hardware and software.

To conclude the contract, the customer first selects the desired goods, using the “Add to cart” action, together with the quantity of these goods, while the automatically set quantity of goods that do not require any action by the customer is considered one item. After completing the selection of goods, the customer performs the action “Place an order”.

As part of the recapitulation of the order, the customer checks his delivery data. Subsequent execution of the “Submit order” action confirms the acceptance of the e-shop offer.

The contract for the delivery of goods between the customer and the e-shop operator is concluded when the order sent by the customer is delivered to the e-shop operator, which occurs shortly after the customer submits the order. The acceptance of the order by the e-shop operator will be confirmed to the customer immediately.

Depending on the nature of the order, especially in the case of orders for larger quantities of goods, the e-shop operator is always entitled to ask the customer for additional order confirmation (for example in writing or by telephone) or additional information about the order. If the customer does not confirm the order without undue delay, or if he does not provide additional information, the contract expires.

2. PURCHASE PRICE AND ITS PAYMENT

Prices are listed in the e-shop, including the current rate of value added tax (VAT of 21%) and any other fees, but not postage. Together with the purchase price, the customer is obliged to pay the e-shop operator the costs associated with packaging and delivery of goods in the agreed amount and its delivery (hereinafter “postage”), in the amount according to his chosen method of delivery.

The customer is obliged to pay the purchase price and postage together with the sending of the order, or immediately after it, according to the chosen method of payment, if he did not explicitly choose payment upon delivery of the goods. In any case, the ownership of the goods passes to the customer at the time of payment of the total price of the goods.

The customer can pay the purchase price and postage according to his choice to the e-shop operator:

cashless via the Pay U payment system
cashless via the PayPal payment system
cashless via bank transfer to the e-shop operator’s account
cash on delivery – in cash or, if the carrier allows via a payment card when accepting the goods from the carrier

The customer enters into a contractual relationship with the provider of individual means (system) of payment of his choice. Before making the payment, the customer is obliged to get acquainted with the relevant business conditions governing the use of individual means (system) of payment. The operator of the e-shop is not liable for damage caused by the operator of the means of payment (system).

3. DELIVERY OF GOODS

The goods will not be sent to the customer unless the purchase price and postage are credited to the e-shop operator’s account. This does not apply if the customer chooses cash on delivery as the payment method.

The goods are delivered to the customer to the address specified by the customer in the order or through the consignment dispenser to the dispatch address.

The choice of delivery method is made during the ordering of goods, according to the current offer of delivery methods. The customer chooses the method of delivery. The amount of postage depends on the method of delivery chosen by the customer and this amount will also be stated during the execution of the order and in the order confirmation.

If the mode of transport is chosen and contracted on the basis of a special request of the customer, the buyer bears the risk and any additional costs associated with this mode of transport.

In the event that for reasons on the part of the customer it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the customer is obliged to pay the costs associated with repeated delivery of goods, respectively the costs associated with another method of delivery.

Upon receipt of the goods from the carrier, the customer or a person authorized by him is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier and the operator of the e-shop. In the event of finding signs on the packaging indicating unauthorized entry into the shipment, the customer does not have to take over the shipment from the carrier.

4. DEFECT LIABILITY (COMPLAINTS)

The e-shop operator is responsible to the customer that the goods are free of defects upon receipt, especially that at the time of receipt the goods have properties that the e-shop operator described, are suitable for the purpose of use stated by the e-shop operator or purpose of use for which the item of this kind is usually used and that the goods will be delivered in the appropriate quantity (or weight) and that they comply with the requirements of the relevant legislation. If a defect becomes apparent within six months of receipt, the goods are deemed to have been defective at the time of receipt.

The customer is entitled to exercise the right from a defect that occurs in the goods, in accordance with the procedure described below within twenty-four months from receipt.

In the case of goods with a marked warranty period on the packaging, the e-shop operator undertakes that the goods will be suitable for use for the usual purpose during the warranty period or that they will retain their usual properties.

In the event that the goods will not have the properties listed above upon receipt, within twenty-four months of receipt or for the warranty period stated on the packaging, the customer has the right to exchange, resp. to request delivery of new goods. The right to withdraw from the contract to the customer arises after repeated delivery of defective goods.

In the event of delivery of defective goods, the customer is also entitled to a reasonable discount on the purchase price. However, the e-shop operator points out that determining what amount of the discount is appropriate is a matter of individual assessment of the case, it can be lengthy and according to the law does not depend on the consumer’s discretion.

The customer acknowledges that the effects (level and type) of the goods sold in the CannaBros e-shop is conditioned by a number of circumstances relating to the customer’s person or the situation in which the goods are used. The e-shop operator cannot be held responsible for the impact of these circumstances on the effects of the goods.

The customer can complain about defective goods by sending a notice of complaint, including the claimed goods to the address of the e-shop operator listed above. Written notification of a claim for defective goods must always contain the customer’s identification data, and his contact details (residential address, e-mail address and telephone number), reason for the claim (description of specific defects), information to identify the order (e.g. order number) and specific goods, including the date of purchase of goods. The customer must also state which right from the delivery of defective goods (e.g. replacement of defective goods or discount) he wants to exercise, together with the notification of the defect, or state it without undue delay thereafter.

After the e-shop operator receives the notification of the complaint and the claimed goods, he confirms the customer’s claim with an electronic message, which he sends to the customer’s e-mail address specified in the complaint notification.

The e-shop operator or an employee authorized by him shall decide on the resolution of the complaint without undue delay after receiving the notification of the complaint and the claimed goods, no later than within 3 working days of receiving the goods. However, this period does not include the time appropriate to the type of product or service required for a professional assessment of the claimed defect.

Complaints, including the elimination of defects, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the e-shop operator agrees with the customer on a longer period. Within this period, the e-shop operator is obliged to inform the customer about the result of the complaint procedure.

If the complaint is accepted by the e-shop operator, the customer will be reimbursed by the e-shop operator for the costs expediently incurred in exercising the rights under the e-shop operator’s liability for defects. However, if the customer does not exercise the right to compensation within one month after the expiry of the period within which the defect had to be reported, the right to compensation for the costs expediently incurred may not be recognized later.

If the complaint is not accepted by the e-shop operator, the goods will be sent back to the customer with a written justification for rejecting the complaint.

5. WITHDRAWAL FROM THE CONTRACT WITHOUT REASONING

The customer has the right to withdraw from the contract without giving a reason within 14 days from the date of receipt of the goods by the customer or a person designated by him.

If the customer wants to withdraw from the contract, he must – no later than by the 14th day after receiving the goods – send to the email address info@cannabros.cz email or to the address of the registered office of the e-shop operator (Nekvasilova 572/19, Karlín, 186 00 Prague 8) a letter stating that he is withdrawing from the contract. He may or may not use the sample withdrawal form found here.

The customer must send the goods back to the e-shop operator’s address without undue delay, no later than 14 days from the date of withdrawal from the contract. The deadline is considered to have been observed if the customer sends the goods back before 14 days have elapsed from receipt. The costs associated with the return of goods shall be borne by the customer.

The customer is only responsible for the reduction in the value of the goods as a result of handling the goods in a manner other than that which is necessary to become familiar with the nature and properties of the goods enabling withdrawal from the contract under this article.

The e-shop operator is obliged to return to the customer the purchase price paid by the customer to the operator for these goods, within 14 days from the date of withdrawal from the contract, including postage (except for additional costs incurred due to the customer’s chosen method of delivery standard delivery offered by the e-shop operator). To return payments, the e-shop operator will use the same means of payment used by the customer to perform the initial transaction, unless the customer has explicitly stated otherwise. In no case will the customer incur additional costs. However, the internal procedures of the e-shop operator are set up so that he returns these funds only after the returned goods have been delivered to him so that he can verify their condition.

However, the customer does not have the right to withdraw from the contract within 14 days without giving a reason, if the goods were irretrievably mixed with other goods after delivery, or if the goods were delivered in a sealed package but the customer removed it and it is not possible to return the goods for hygienic reasons, which it also includes situations where the packaging of otherwise perfect goods is opened or devalued by the customer; the right to return the goods in open or devalued packaging, if the goods (contents of the packaging) are delivered defective, provided that the applicable conditions of the Civil Code are fulfilled, remains unaffected.

6. OUT-OF-COURT DISPUTE RESOLUTION

In the event that a consumer dispute arises between the e-shop operator and the customer with respect to the purchase contract, which cannot be resolved by mutual agreement of the parties, the customer may file a proposal for an out-of-court settlement (i.e. a friendly agreement between the parties) to:

Česká obchodní inspekce (Czech Trade Inspection)

Ústřední inspektorát (Central Inspectorate)

Štěpánská 15

120 00 Praha 2

web: www.coi.cz

The aim of out-of-court settlement of consumer disputes is to reach an amicable settlement of the dispute and the agreement of the parties.

7. FINAL PROVISIONS

The e-shop operator reserves the right to modify the terms and conditions without prior notice. The customer acknowledges that the version of the business terms and conditions that is published on the e-shop at the time of confirmation of the relevant order applies to his order.

Any use of the e-shop or its own content, copying of its content or storage of the content, both parts or whole, for non-personal purposes and non-commercial use, is not permitted without the express written consent of the e-shop operator. The e-shop operator reserves the right to immediately block access to the e-shop and cancel the account of any user who violates in particular this provision of the business terms and conditions, as well as any other provision.

The e-shop operator reserves the right to assign or pledge to third parties any claim(s) for payments to customers that have arisen in connection with the delivery of goods.

The legal regulations valid in the Czech Republic shall apply to purchase contracts concluded between the e-shop operator and the customer and any other legal relations between the e-shop operator and the customer.

If any provision of these business terms and conditions is or becomes invalid or ineffective, such invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of any provision shall not affect the validity and effectiveness of the other provisions.

Customers can lodge a complaint with the Czech Trade Inspection (www.coi.cz), as the state supervisory authority for consumer protection.

These business terms and conditions are valid and effective from 1 April 2020.