TERMS AND CONDITIONS
( ACCORDING TO EU REGULATIONS AND CZECH LAW)
for the sale of goods through an online store located on the Internet
* These terms and conditions ( "Terms and Conditions") of Amsterdam-poppers-shop.com / Amsterdam-poppers.com - govern in accordance with § 1751 paragraph. 1 of law no. 89/2012 Coll., Civil Code (the "Civil Code") mutual rights and obligations arising in connection with or under purchase contract (the "purchase contract“) concluded between the seller and any other person (hereinafter the "buyer") through the online shop of the seller. Internet shop is operated by the seller on the website placed on the Internet at www.amsterdam-poppers-shop.com / www.amsterdam-poppers.com (hereinafter the "Website"), and via the website (hereinafter the "Web-based commerce").
* Terms and conditions do not apply to cases where a person who intends to purchase goods from the seller is a legal entity or person who is ordering goods in the course of their business or in their separate occupations.
* Divergent provisions from the terms and conditions can be agreed in the purchase contract . Divergent provisions in the contract shall take precedence over the terms of trade terms and conditions.
* Provisions of the conditions are an integral part of the purchase contract. Purchase contract and the terms and conditions are written in the English language.
* The terms and conditions may be amended by the Seller. This provision shall not affect the rights and obligations arising after the effective period of the previous version of terms and conditions.
* Upon registration of the buyer on the website, the buyer can access their user interface. From its user interface buyer can order goods (hereinafter "user account"). In case that the web interface allows to store, buyer can also order goods without registration directly from the web interface of the store.
* During registration on the website and ordering goods, the buyer is obliged to provide correct and true information. The data referred to in the user account is buyer required to update in case of any change. The data referred to by the buyer in the user account and when ordering goods by the seller are deemed correct.
* Access to the user account is secured by user name and password. The buyer is obliged to maintain confidentiality regarding information necessary to access the user's account.
* Buyer shall not allow the use of a user account to third parties.
* Seller may cancel a user account, especially when the buyer´s account is not used for more than one year , or if the buyer breaches its obligations under the purchase contract (including terms and conditions).
* Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software of the seller, respectively necessary maintenance of hardware and software of third parties.
CONCLUSION OF THE PURCHASE CONTRACT
* Before ordering you have to make sure it is allowed to import the goods to your country - this falls under your full responsibility
* The seller does not bear any responsibility for the problems that arise from illegal or not authorised import of the goods to your country
* Any presentation of the goods placed in the web interface business is informative and seller is not obliged to conclude a purchase contract regarding this product. The provisions of § 1732 paragraph. 2 of the Civil Code does not apply.
* Web interface provides information about goods, prices of individual goods. Prices of goods are inclusive of VAT and all related charges. Prices of goods remain in force as long as they are displayed in the web interface business. By this provision is not limited the seller´s posibility to conclude a purchase contract under individually negotiated conditions.
* Web interface also contains information of the costs connected with packaging and delivery.
* To order goods, the buyer fills an order form in the web interface business. Order form contains particular information about:
o about ordered goods ( the buyer "inserts" ordered goods into an electronic shopping basket of the store web interface)
o about method of payment of the purchase price, details of the required method of delivery of goods ordered and
o about information of the costs associated with the delivery of goods (hereinafter collectively referred to as the "Order").
* Before sending the order to the seller, the buyer is allowed to check and modify necessary data in his order, with the option to detect and correct errors during data entry into the order. The buyer sends the order by clicking on "order". The data specified in the order are deemed correct by the seller.
* Confirming the orders is regarded as such an act of the buyer who by unequivocal way identifies the ordered goods, the purchase price, the buyer person, method of payment of the purchase price, and is mutually binding draft of the contract for contractual parties. The condition of validity of the order is to fill all the mandatory data in the order form, become familiar with these terms and conditions on the website and confirm the buyer acquainted with these terms and conditions.
* Seller immediately upon receipt of an order of the buyer confirms receipt via e-mail, at the e-mail address Buyer provided in the user interface or in the order (hereinafter referred to as "electronic address of the purchaser").
* 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 (for example in written form or by telephone).
* Contract proposal in the form of an order is valid for fifteen (15) days. If payment is not made ( in case of Paypal option), the order will be then cancelled.
* The contractual relationship between seller and buyer arises by delivery order acceptance (acceptance), which is sent to the buyer by e-mail to electronic mail address of the buyer.
* In the event that any of the requirements specified in the order the seller can not meet, the seller sends the buyer to the buyer's email address an amended offer, stating the possible variants of the order and request the buyer for the opinion.
* The revised offer is considered to be a new draft contract of sale and purchase agreement in this case is not concluded until acceptance of the buyer via e-mail.
* Buyer agrees to the use of means of distance communication in concluding the purchase contract. Costs incurred by the buyer when using means of distance communication in connection with concluding a purchase contract (cost of internet access, telephone costs) are borne by the Buyer, and these costs do not differ from the standard rate.
PRICE AND PAYMENT TERMS
• The price of goods and any costs associated with the delivery of goods under the purchase contract the buyer can to pay the seller the following ways:
* through cashless payment system Paypal
* payment card; bank transfer (for Czech clients)
• Along with the purchase price, the Buyer shall pay the costs associated with packaging and delivery at an agreed rate. Unless expressly stated otherwise, the purchase price includes costs associated with delivery of goods.
• The seller does not require the buyer to pay a deposit or other similar payment. This is without prejudice to the provisions of Art. 4.6 commercial conditions concerning the obligation to pay the purchase price in advance.
• In case of cashless payment, the buyer is obliged to pay the purchase price, together with the variable symbol of the payment. In the case of cashless payment by the purchaser to pay the purchase price at the time met the appropriate amount to the seller's account.
• The seller is entitled, especially if the Buyer does not provide for additional confirmation (Art. 3.8), require payment of the full purchase price before sending the goods to the buyer. The provisions of § 2119 paragraph. 1 of the Civil Code shall not apply.
• If it common in trade relations or if it so stipulated by generally binding legal regulations the Seller issues to buyer tax document - invoice regarding payments made under a contract. The seller is not liable to VAT. The tax document - invoice is issued by the seller to the buyer after payment of the price of the goods and send electronically to the buyer's email address.
Withdrawal from the contract
Buyer acknowledges that in accordance with § 1837 of the Civil Code, among other things, can not withdraw from the contract:
• supply of goods whose price depends on fluctuations of financial markets beyond the control of the seller and which may occur during the period for withdrawal,
• supply of alcoholic beverages, which can be delivered only after thirty days and whose price depends on fluctuations of financial markets beyond the seller,
• supply of goods which have been modified according to the wishes of the buyer or for his person
• supply of goods subject to rapid deterioration, as well as goods which was after delivery irrevocably mixed with other goods,
• the supply of sealed goods, which buyer unsealed and by hygienic reasons it is not possible to return,
• delivery of audio or video recordings or computer program, if breached their original packaging,
• the supply of newspapers, periodicals or magazines,
• delivery of digital content, if not supplied on a tangible medium and came with the prior express consent of the buyer before the deadline for withdrawal and sell before concluding the contract told the purchaser that in such a case is not entitled to withdraw from the contract.
• If this is not a case under Art. 5.1 or any other cases where is not possible to withdraw from the contract, the buyer in accordance with § 1829 paragraph. 1 of the Civil Code has the right to withdraw from the contract, within fourteen (14) days from receipt of goods, if the contract of sale are several kinds of goods or supply of several parts, this period runs from the date of receipt of the last delivery. Withdrawal from the contract seller must sent within the period mentioned in the previous sentence.
• To withdraw from the contract the buyer used an email written to the seller, annexed to trading conditions. The provisions of art. 11 of these terms and conditions is valid for delivering withdrawal..
• In case of withdrawal from the contract in accordance with Art. 5.2 of the purchase contract canceled from the beginning. The goods must be returned to the Seller within fourteen (14) days from the withdrawal. If the buyer withdraws from the contract, the buyer bears the cost of returning the goods to the seller, even in the case where the goods can not be returned to their character by usual postal route.
• In case of withdrawal in accordance with Art. 5.2 the seller returns the money received from the purchaser within fourteen (14) days from the withdrawal from the contract by the buyer - in our case it is returned to your Paypal account. The seller is also entitled to return performance by the buyer at the time of returning the goods by the buyer or otherwise, unless the buyer will agree additional costs to the buyer will not emerge. If the buyer withdraws from the contract, the seller is not obliged to return the received money to the buyer before the buyer returns goods to him or prove that the goods was sent to the seller.
• Claims for damage caused on the goods is the seller entitled to unilaterally set against the Buyer's claim for refund of the purchase price.
• Before receipt of the goods by the buyer, the seller may at any time withdraw of the contract. In this case, the seller returns the purchase price, without undue delay, by bank transfer to an account specified by the buyer.
• If there is a gift provided together with goods to the buyer, the gift agreement between buyer and seller is concluded with a condition subsequent that if there is a withdrawal from the contract by the buyer loses gift agreement regarding such a gift effectiveness and the buyer is required along with the goods return to the seller provided gift too.
TRANSPORT AND DELIVERY
• In the event that the mode of transport is negotiated on the special request of the buyer, the buyer bears the risk and additional costs associated with this mode of transport.
• If the seller under the purchase contract must deliver the goods to a place specified by the buyer in the purchase order, the buyer is obliged to accept the goods on delivery.
• In the event that the reasons for which the goods need to be delivered repeatedly or in any other way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively costs associated with other delivery method.
• When taking the goods from the carrier the buyer is obliged to check the integrity of the packaging of goods, and in case of any defects immediately notify the carrier. In case of finding damage of the package indicative of unauthorized penetration into consignment buyer is not obliged to take over the consignment from the carrier.
In case your shipment was checked by your customs and seized, we give no refunds nor send you new goods!
This event falls upon your responsibility, you have to make sure before ordering that such goods is allowed to import to your country.
REFUNDS and RESENDING of the goods
Refunds are made in several cases:
1) If you order and pay, then you decide to cancel your order. In such case, 1 EUR is deducted due to bank charges.
2) If your order is returned back for the reason of "unclaimed order" or "wrong or missing address". We can either resend - you have to pay extra shipment charges, or give you goods refund - it means refund for unbroken goods less transport charges.
3) If your order is returned by your customs (mainly Canadian Health authorities). We offer resending - you have to pay extra shipment charges. Or we can give you a goods refund (refund for goods less transport charges) to your PAYPAL account.
In both cases, we can provide you with photo evidence of returned package.
1) We can resend your package in case of returned goods from the customs (Canada mainly), you have to pay extra shipping fee.
2) We can resend your package in case of "unclaimed order" or "wrong or missing address". In such case you have to pay extra shipment charges, stated on the site.
RIGHTS OF defective performance
• The rights and obligations of the parties regarding the rights of defective performance shall be governed by the relevant legislation (including the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code).
• The seller is liable to the purchaser that the goods on delivery has no defects. In particular, the seller is liable to the buyer that when the buyer took the goods:
* of goods has qualities that the parties have agreed, and in the case of absence of an arrangement, the goods has such properties which the seller or manufacturer has described or which buyers expected with regard to the nature of the goods and based on advertising they carried,
* of goods fits for the purpose which the seller stated or for which goods of the same type are normally used
* of goods corresponds to the quality or the implementation of the agreed sample or template, if it was quality or performance determined in accordance with the agreed sample or model,
* of goods in quantity, measure or weight and
* of the goods comply with the legal requirements.
• The provisions referred to in Article. 7.2 terms and conditions do not apply to goods sold at a lower price to a defect for which the lower price was negotiated, the wear and tear of the goods caused by its common use, in used goods to defect by use or wear which goods should at takeover by the buyer, or if it arises from the nature of the goods.
• When the defect appears during six months after the takeover, it is assumed that the goods were defective at the time of takeover.
• Rights of defective performance the buyer makes claim to the seller at his place of business in which it is possible taking into account the assortment of goods sold, possibly at the seat or place of business. A moment a claim is considered to be the moment when the seller receives from the buyer claimed goods.
• Other rights and obligations of the parties relating to the liability of the seller for defects can modify the complaints procedure of the seller.
OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
• The buyer acquires ownership of the goods by paying the entire purchase price
• Seller is not in relation to the purchaser bound by codes of conduct within the meaning of § 1826 paragraph. 1 point. e) of the Civil Code.
• Alternative Consumer Complaints ensures the seller via e-mail addresses listed in the contacts online store. Information of the settlement of the complaint buyer sends the seller to the buyer's email address.
• The seller is entitled to sell goods as a merchant. Trade inspection carried out under its authority the Trade Office. Supervision of privacy exercised by the Office for Personal Data Protection. Czech Trade Inspectorate exercises within the specified range, inter alia supervision over compliance with Act no. 634/1992 Coll., On consumer protection, as amended.
• The Buyer takes on himself the danger of changing circumstances within the meaning of § 1765 paragraph. 2 of the Civil Code.
PROTECTION OF PERSONAL DATA
• Privacy purchaser who is a natural person is provided by Act no. 101/2000 Coll., On Personal Data Protection, as amended. Registration service at the Office for Personal Data Protection (OPPD) - public register of personal data processing http://www.uoou.cz/verejny-registr-zpracovani-osobnich-udaju.asp.
• Buyer agrees to the processing of these personal data: name, address, email address, telephone number and other (hereinafter collectively referred to as "personal information").
• Buyer agrees to the processing of personal data by the seller, for the purpose of realization of rights and obligations under the contract and for the purpose of maintaining user account. If the buyer does not choose another option, consents to the processing of personal data by the seller as well as for the purpose of sending commercial messages and information to the buyer. Consent to the processing of personal data in its entirety according to this article is not a requirement that would in itself made it impossible to conclude a purchase contract.
• The buyer acknowledges that he is obliged his personal data (for registration, in your user account when ordering from the web interface of the shop) to state correctly and truthfully and without undue delay inform the seller about the change in his personal data.
• The processing of personal data of the buyer, the seller may appoint a third party as a processor. In addition to the persons transporting goods are not personal data by the seller without the prior consent of the buyer passed on to third parties.
• Personal data shall be processed for an indefinite period. Personal data will be processed electronically in an automated manner or in printed form non-automated manner.
• The buyer confirms that the personal information is accurate and that he was advised that it is voluntarily provide personal information.
• In the event that the buyer thought the seller or processor (Art. 9.5) performs the processing of his personal data that is inconsistent with the protection of private and personal life of the purchaser or against the law, especially if the personal data are inaccurate with the purpose of their processing, he can:
* ask the seller or processor for explanation
* request that the seller or the processor rectifies the situation.
• If the buyer requests information regarding the processing of their personal data, the seller must deliver this information. The seller has the right to provide information pursuant to the preceding sentence, require reasonable compensation not exceeding the costs of providing the necessary information.
Sending commercial messages , COOKIES AND STORAGE
• The buyer agrees to receive information related to goods, services or company the seller to the buyer's email address and agree to receive commercial communications by the seller to the buyer's email address.
• The purchaser agrees with storage so called Cookies on his computer. In the case that a purchase on the website can be made and commitments of purchase contract to fulfill, without storage so called Cookies on the computer of the buyer, the buyer may consent under the previous sentence at any time.
• Notice regarding relations seller and buyer, especially regarding the withdrawal from the contract, must be received by mail by registered letter, unless the purchase contract states otherwise. Notice shall be delivered to the appropriate contact of the other party and shall be deemed received and effective upon their delivery by mail, except for notifications of withdrawal made by the buyer, the withdrawal is effective if the buyer notice is sent before the deadline for withdrawal .
• The notice is regarded as delivered, of which takeover was rejected by the addressee, which was not picked up in time deposit, or which were returned as undeliverable.
• Parties may mutually deliver regular correspondence by e-mail, at the e-mail address specified in the user account of the buyer or buyers specified in the order, respectively to the address indicated on the website of the seller.
• If the relationship of the purchase contract includes an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers resulting from generally binding legislation.
• If any provision of the Terms and Conditions is invalid or ineffective, or becomes, instead of the invalid provision a provision whose meaning is invalid provision closest comes. The invalidity or unenforceability of one provision is without prejudice to the other provisions. Amendments and supplements to the purchase agreement or terms and conditions require written form.
• The purchase contract including terms and conditions is archived by the seller in electronic form and is not accessible.
• Appendix of terms and conditions constitutes a model form for withdrawal from the contract.