Terms and Conditions
INTERNET PORTAL OPERATOR
Natural person doing business: Anastasiia Kasianova
with registered office: Slévačská 752/36, Hloubětín, 198 00, Prague 9
registered in the Trade Register for Production, Trade and Services not listed in Annexes 1 to 3 of the Trade Licensing Act, sale of goods through an online store located at the Internet address www.mujpampas.cz
1. Introductory provisions
1.1. These terms and conditions (hereinafterTerms and Conditions“) Anastasia Kasianova with registered office: Slévačská 752/36, Hloubětín, 198 00, Prague 9, identification number: 09696652 , registered in the Commercial Register as a natural person doing business with the object of business Production, trade and services not listed in Annexes 1 to 3 of the Trade Licensing Act (hereinafter referred to as "seller") Are regulated in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., The Civil Code, (hereinafter referred to as"Civil Code") Reciprocal rights and obligations of the parties arising in connection with or on the basis of a purchase agreement (hereinafter referred to as" the contract ").purchase contract") Concluded between the seller and another natural person (hereinafterbuyer“) Through the seller's online store. The online store is operated by the seller on a website located at the internet address www.mujpampas.cz whose mujpampas.cz (hereinafter "Website"), Through the website interface (hereinafter referred to asstore web interface“).
1.2. 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.
1.3. 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.
1.4. 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. The purchase contract can be concluded in the Czech language.
1.5. 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.
2. About registration
We declare that the data is used only for identification purposes when purchasing on the website. and will not be provided to third parties or otherwise misused. By confirming the registration, I agree to the sending of offer e-mails from the web interface of the store in accordance with Act No. 480/2004 Coll. About some information society services.
Offer e-mails will be sent a maximum of twice a week and the size of individual e-mail messages will not exceed 900 kB. You can cancel the e-mail newsletter service at any time at the e-mail address: email@example.com.
3. Acceptance and execution of the order, purchase contract
The buyer's order is a draft of the purchase contract and the purchase contract itself is concluded at the moment of delivery of the binding consent of the buyer and the seller with this proposal (binding confirmation of the order by the seller). From this moment, mutual rights and obligations arise between the buyer and the seller.
By concluding the purchase contract, the buyer confirms that he has read these terms and conditions, including the complaint conditions, and that he agrees with them. The buyer is sufficiently informed of these terms and conditions and the complaint procedure before the actual execution of the order and has the opportunity to become acquainted with them.
The seller reserves the right to cancel the order or part thereof before concluding the purchase contract in the following cases: the goods are no longer produced or delivered or the price of the delivered goods has changed significantly. In the event that this situation occurs, the seller will immediately contact the buyer to agree on further action. In the event that the Buyer has already paid part or all of the purchase price, this amount will be transferred back to his account, the Purchase Agreement will not be concluded.
All orders received by this store are binding. The order can be canceled before its dispatch. In the event that the order is not canceled before the shipment, and will be shipped, the customer may be required to reimburse the costs associated with the shipment of goods. You are automatically informed about the receipt of the order by e-mail.
If you cancel the order within 12 hours, we consider the order canceled. You can send the cancellation by e-mail or make it by phone. When canceling the order, it is necessary to state your name, e-mail and order number.
Due to the seasonality of flowers and direct dependence on the import of flowers from abroad, the seller reserves the right to change the type or color of the flower in a maximum of 25% compared to the photo on the website of the online store.
In the event of a necessary exchange of more than 25%, the seller will contact the buyer immediately and further action will be agreed.
4. Types of transport
The supplier is also a carrier. The goods are delivered to the agreed place and issued to the consignee within the transport period agreed by the buyer and seller. Information about the place, consignee and delivery time is passed on to the carrier by the seller on the basis of the buyer's order. It is always necessary for the buyer to thoroughly check the accuracy of the address, telephone numbers and other specifications that affect the accuracy and speed of delivery of goods.
The consignee must be present at the agreed place during the transport period. If the consignee is not present, the carrier may issue the goods against a written confirmation to another person who is at the agreed place. This does not apply if the buyer exchanges in writing in the order that the goods must be handed over to the recipient in person. The carrier is not obliged to check the identity of the consignee.
In the event that the consignee refuses to accept the goods or that the goods cannot be delivered, especially due to an inaccurate or non-existent address, absence of the consignee or other authorized person who could be handed over at the place of delivery in accordance with these terms and conditions. inform the buyer or seller and wait for further instructions. The price for fulfilling other instructions is paid by the buyer. If no further instructions are given to the carrier within 10 minutes or if these instructions cannot be complied with, the carrier will transport the goods back to the seller. The carrier's obligation to deliver the goods is thus fulfilled by returning the goods to the seller. Returned goods to the seller or transfer to a new address is charged according to tariffs from the price list.
Due to the failure to reach the addressee at the designated place, repeated delivery of the goods can be performed. If the re-delivery of the goods was caused by incorrect or incomplete information in the contacts of the recipient by the buyer, the seller is entitled to a re-delivery fee equal to twice the normal delivery fee. Re-delivery of the goods will be made in the shortest delivery time after payment of the fee, or in the announced period when the consignee will be at the given address. The fee can be paid in person at one of the establishments or by online payment. In case of non-payment of the fee by the buyer, the shipment is considered settled, even if the goods have not been taken over by the consignee.
5. Warranty and complaints
The consignee takes over the goods with his signature and at the same time confirms that he has received the goods in good condition. In the event that the goods are damaged (eg broken flowers), the recipient is obliged to notify the seller of the damage to the telephone number listed on the website or to e-mail: firstname.lastname@example.org without undue delay after he had possibility to view the goods. We accept complaints within 24 hours at the latest. Subsequent complaints will not be taken into account.
In the event of demonstrable damage to the goods, the buyer has the right to exchange it, discount the price of the goods or is entitled to withdraw from the contract. However, the seller is not responsible for damage to the goods caused by the recipient.
6. Delivery and delivery conditions
Some shipments can be split into multiple packages. Postage remains unchanged.
Methods of payment
All payment methods can be selected before choosing shipping.
personal collection - applies in cash at personal collection.
You do not have to worry about abuse when paying with credit cards. We use a proven payment gateway with the 3-D secure protocol, supported by card associations.
All internal information (passwords, names, operations) is encrypted. To increase speed, we do not encrypt general information (information about individual items of goods).
The business conditions are valid from 1.01.2021 until further notice.
Information for buyers: in the event of a change in the terms and conditions, the terms and conditions that were in force on the date of purchase are valid.
7. Electronic communication
The information contained in the e-mail or its attachments is confidential and is intended solely for the needs of its addressee. The text or attachments may contain classified information, information considered a trade secret, or other information subject to protection under applicable law. If you are not a designated recipient, this email may not be used, distributed, copied or published. In this case, uninstall the e-mail and its copies from your system. The Website is not liable for any damage, defect or any other property or non-property damage caused in particular, but not exclusively, by modifications or delays in the transmission of e-mail.
If the e-mail is part of a business meeting, the Website reserves the following rights:
1. Any contract or its amendment shall be concluded only and exclusively subject to the cumulative fulfillment of the following conditions:
a) An agreement has been reached on all the requisites of the contract (in particular, the conclusion of any contract without the agreement of all the requisites is taken into account, taking into account the subsequent behavior of the parties)
b) The contract must be concluded exclusively in writing
c) The Agreement must be signed by authorized persons on the part of the Website
2. When concluding the contract, the Website shall proceed in accordance with its internal regulations and articles of association, with the proviso that the contract must be approved or approved on behalf of the Website by the relevant executives or company bodies, and may therefore occur even if the representatives The parties negotiate with each other the individual content of the contract that the competent persons of the Website do not agree with the proposed wording of the contract and in such a case the Website terminates the negotiations on the conclusion of the contract for this fair reason.
3. The Website expressly reserves the right to terminate the contract negotiations at any time, even without just cause.
4. The sender of the e-mail hereby informs that he is not entitled to enter into any contracts on behalf of the Website, except in cases where the Website has been authorized or authorized in writing and such authorization or authorization was to the addressee of the e-mail or the person the addressee represents. submitted.
5. In the event that the business meeting contains an offer and if the sender of this email is entitled to enter into a contract on behalf of the Website, the addressee of the offer is entitled to accept the offer without delay. However, the sender of the e-mail (offer) excludes acceptance of the offer by the addressee (recipient of the offer) with a supplement or deviation. The Website expressly excludes a response with an addition or deviation that does not significantly change the terms of the offer. The Website further reserves the right that the offer made by the Website may be the Website even within the time limit set for its acceptance.
6. The Website does not assume the risk of changing circumstances in all contractual arrangements.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. 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.
8.3. The out-of-court settlement of consumer complaints is provided by the seller via an electronic address email@example.com. The seller will send information about the settlement of the buyer's complaint to the buyer's e-mail address.
8.4. The seller is entitled to sell goods on the basis of a trade license. The trade license inspection 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.
8.5. The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
9. PROTECTION OF PERSONAL DATA
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, residential address, identification number, tax identification number, demographic and location data, e-mail address, customer opinions, comments and / or reviews, telephone number and payment details (hereinafter together everything just like "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 under the purchase agreement and for the purposes of maintaining a user account. Unless the buyer chooses another option, he agrees to the processing of personal data by the seller also for the purpose of sending information and business messages to the buyer. Consent to the processing of personal data to the full extent of this article is not a condition that would in itself preclude the conclusion of a purchase agreement.
9.4. The buyer acknowledges that he is obliged to state his personal data (during registration, in his user account, when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the seller without undue delay about the change in his personal data.
9.5. The seller may authorize a third party to process the buyer's personal data as a processor. Apart from the persons transporting the goods, personal data will not be passed on to third parties by the seller without the prior consent of the buyer.
9.6. Personal data will be processed indefinitely. 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 informed that this is a voluntary provision of personal data.
9.8. In the event that the buyer believes that the seller or processor (Article 9.5) performs the processing of his personal data, which is contrary to the protection of private and personal life of the buyer or contrary to law, especially if the personal data are inaccurate with respect to for the purpose of their processing, may:
9.8.1. Ask the seller or processor for an explanation,
9.8.2.request that the seller or processor removes 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 a reasonable payment for the provision of information according to the previous sentence, not exceeding the costs necessary for the provision of information.
10. SENDING COMMERCIAL MESSAGES AND STORING COOKIES
10.1 The Buyer agrees to the sending of 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. 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.
11. FINAL PROVISIONS
11.1. 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. The choice of law under the previous sentence does not deprive the consumer who is a consumer of the protection afforded by the provisions of the law which cannot be derogated from by contract and which would otherwise apply in the absence of a choice of law under Article 6 (1) of Regulation Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
11.2. 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.
11.3. The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.
11.4. Seller's contact details: delivery address Slévačská 752/36, Hloubětín, 198 00, Prague 9, e-mail address firstname.lastname@example.org.