Terms of service
GENERAL TERMS AND CONDITIONS
I. BASIC PROVISIONS
1. These general business conditions (from now on referred to as "business conditions") are issued under § 1751 et seq. Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”)
The Green Theory s.r.o.
Company ID: 09033122
VAT number: CZ09033122
With registered office: Bucharova 2657/12, 158 00, Prague, Czech Republic registered at the Municipal Court in Prague, Section C, Insert 329504
Contact details: Ester Ajzenstadt
Phone number: +420 774 640 664
(hereinafter referred to as the "Seller")
2. These terms and conditions govern the mutual rights and obligations of the Seller and a natural person who enters into a purchase contract outside his business as a consumer or within his business (hereinafter "Buyer") through a web interface located on a website available on the Internet address www.thegreentheory.cz (hereinafter referred to as the "online store").
3. The provisions of the business conditions are an integral part of the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.
4. These business conditions and the purchase contract are concluded in the English language.
II. INFORMATION ABOUT GOODS AND PRICES
1. Information about the goods, including the prices of individual goods and their main properties, are given for particular goods in the online store catalog. Costs of goods are listed, including value-added tax.
2. Information on the costs associated with the packaging and delivery of goods is published in the online store. Information on costs associated with the packaging and delivery of goods listed in the online store is valid only in cases where the goods are delivered within the Czech Republic territory.
3. Any discounts on the purchase price of goods cannot be combined unless the Seller agrees otherwise with the Buyer.
III. ORDER AND CONCLUSION OF THE PURCHASE AGREEMENT
1. The Buyer orders the goods in the following ways:
- through his customer account, if he has previously registered in the online store;
- by filling in the order form without registration.
2. When placing an order, the Buyer chooses the goods, the number of pieces of goods, the method of payment, and delivery.
3. Before sending the order, the Buyer can check and change the data to orders placed. The Buyer sends the order to the Seller by clicking on the button "Send.” The data listed in the order is deemed correct by the Seller.
The condition for the order’s validity is completing all mandatory information in the order form and confirmation from the Buyer that he has read these terms and conditions.
4. Immediately after receiving the order, the Seller will send the Buyer a confirmation receipt to the email address that the Buyer entered when ordering. This confirmation is automatic and is not considered a contract. The purchase contract is concluded only after the acceptance of the order by the Seller.
Notice of the order receipt is delivered to the Buyer's email address.
5. If the Seller cannot meet any of the requirements specified in the order, he will send the amended offer to the Buyer to his email address. The amended offer is considered for a new draft of the purchase contract, and the purchase contract in such a case is concluded by a confirmation to the email address listed in these business conditions that the Buyer accepts this offer from the Seller.
6. All orders accepted by the Seller are binding. The Buyer can cancel the order until the Buyer is notified of the Seller’s acceptance of the order. The Buyer can cancel the order via email to the contact address of the Seller listed in these business conditions.
7. In the event of an apparent technical error on the part of the Seller in stating the price of the goods in the online store or during ordering, the Seller is not obliged to deliver to the Buyer the goods at this obviously incorrect price even if the Buyer was sent an automatic confirmation of receipt of the order according to these terms and conditions. The Seller informs the Buyer of the error without undue delay and sends the amended offer to the Buyer to his email address. The amended offer is considered as a new proposal purchase contract, and the purchase contract in such a case is concluded by confirmation of receipt by the Buyer to the Seller's email address.
IV. CUSTOMER'S ACCOUNT
1. On the basis of the Buyer's registration made in the online store, the Buyer may access the customer account. From his customer account, the Buyer can order goods. The Buyer can also order goods without registration.
2. When registering a customer account and ordering goods, the Buyer is obliged to state all data correctly and truthfully. The Buyer is obliged to provide any update to the information provided in the user account. Data provided by the Buyer in the customer account and when ordering goods is considered correct by the Seller.
3. Access to the customer account is secured by username and password. The Buyer is obliged to observe professional secrecy concerning the information needed to access his account. The Seller is not responsible for any misuse of the customer's account by third parties.
4. The Buyer is not entitled to allow the use of the customer account to third parties.
5. The Seller may delete the user account if the Buyer does not use the user account any longer or if the Buyer violates his obligations under the purchase contract or these terms and conditions.
6. The Buyer acknowledges that the user account may not be available around the clock, especially concerning the necessary maintenance of hardware and software equipment of the Seller or essential maintenance of third party hardware and software.
V. PAYMENT TERMS AND DELIVERY OF GOODS
1. The Buyer may pay the price of the goods and any costs associated with the delivery of goods under the purchase agreement in the following ways:
- cashless card payment;
- cashless transfer to the Seller's account through the payment gateway.
2. With the purchase price, the Buyer is obliged to reimburse the Seller the costs associated with the packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise below, it is further understood as the purchase price and expenses associated with the delivery of goods.
3. In case of payment through the payment gateway, the Buyer follows the instructions of the relevant electronic payment providers.
4. In case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the bank account of the Seller.
5. The Seller does not require any advance payment or other similar payment from the Buyer. Payment of the purchase price before sending the goods is not a deposit.
6. According to the Act on the Registration of Sales, the Seller must issue a receipt to the Buyer. Simultaneously, the Seller is obliged to register the received revenue with the tax administrator on-line, in case of technical failure, then no later than 48 hours.
7. The goods are delivered to the Buyer:
- to the address specified by the Buyer in the order
8. The costs of delivery of goods depending on the method of dispatch and receipt of goods are listed in the Buyer's order and in the order confirmation. If there is a way transport contracted on the basis of a special request of the Buyer, the Buyer bears the risk and possible additional costs associated with this mode of transport.
9. If, according to the purchase contract, the Seller is obliged 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. If for reasons on the Buyer side the Seller must deliver the goods repeatedly or in another way than stated in the order, the Buyer is obliged to pay the costs associated with repeated delivery of goods, resp. costs associated with another method of delivery.
10. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, notify the carrier immediately. In case of finding unauthorized damage to packaging indicating entry into the packaging, the Buyer does not have to take the order from the carrier.
11. The Seller issues a tax document — invoice to the Buyer. The tax document is sent to the Buyer's email address.
12. The Buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but not before receiving the goods. Liability for accidental destruction, damage, or loss of the goods passes to the Buyer at the time of receipt of the goods or at the time when the Buyer was obliged to take over the goods but did not do so in violation of the purchase contract.
VI. WITHDRAWAL FROM THE CONTRACT
1. Goods received on the basis of orders can be returned without explanation within 14 days from the date of receipt of the consignment, due to the nature of the goods only in undamaged packaging. In the notice of withdrawal from the contract, it is necessary to state from which specific purchase contract the Buyer withdraws. Written notice of withdrawal must be sent to the Seller within 14 days of receipt of the shipment.
2. Notification of withdrawal can be sent electronically to email@example.com or by mail to Buharova 2657/12, 158 00, Prague. To withdraw from the sales contract, the Buyer can use the sample form, which can be found here.
3. After the Seller receives notice of the contract’s cancellation, the Seller undertakes to confirm this fact to the Buyer by e-mail immediately.
4. If the Buyer withdraws from the contract, the withdrawal enters into a force upon delivery of the written notice to the Seller.
5. The goods must be returned to the Seller immediately to Ve Žlíbku 1800, 193 00, Prague 9, but no later than within 14 days of withdrawal from the purchase contract.
6. The Seller undertakes to return the Buyer the amount of money received from the Buyer for the goods without delay, but no later than within 14 days from the withdrawal from the purchase contract. However, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods to him or proves that he sent the goods to the Seller.
7. The goods must be returned by the Buyer to the Seller undamaged, unworn, uncontaminated, and, if possible, in the original packaging. The Seller is entitled to compensation for damage caused to the goods unilaterally set off against the Buyer's right to a refund of the purchase price.
8. The Seller is entitled to withdraw from the purchase contract due to the sale of stock, unavailability of goods, or when the manufacturer, importer, or supplier of goods has interrupted the production or import of goods. The Seller immediately informs the Buyer via the email address specified in the order and returns all funds within 14 days of notification of withdrawal from the contract, including delivery costs, which he received from the Buyer under the contract, namely in the same way or in a manner determined by the Buyer.
11. The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., On Consumer Protection.
12. Other rights and obligations of the parties related to the Seller's liability for defects are regulated by the Seller's complaint procedure.
VII. PRODUCT COMPLAINTS AND RETURNS
1. The Seller is responsible to the Buyer for the fact that the product sold by him has, at the time when the Buyer took it over, the properties that the Seller described or that the Buyer expected due to its nature. Furthermore, the Seller is responsible for ensuring that the product sold is fit for a purpose that the Seller states or which is usual for the product and for its corresponding quantity.
2. The Buyer has the right to claim the goods within 24 months. If the defect becomes apparent within 6 months of receipt of the goods, it is considered that the defect already existed when the goods were taken over. If the Buyer requests a complaint about the goods after 6 months from its receipt, the Buyer must prove to himself that the defect already existed at the time of receipt of the goods.
3. The Seller is not liable for any defects in the product that occur during the legal period due to wear or misuse.
4. Send the claimed goods to the address Ve Žlíbku 1800, 193 00, Prague 9, or contact the Seller at the email address firstname.lastname@example.org
5. The Seller shall issue a confirmation of when the Buyer exercised his right, what is the content of the complaint, and what method of handling the complaint the Buyer requires.
6. In the event of a complaint, it is necessary to send the product back to the address Ve Žlíbku 1800, 193 00, Prague 9 together with the identification of the order in which the product was purchased and a description of defects.
7. In the event of a justified complaint, the Buyer has the right to exchange the defective product for a perfect one or withdraw from the contract. The Buyer must inform the Seller which right he has chosen when reporting the defect. The Buyer cannot change the choice made without the consent of the Seller.
8. In case of rejection of the complaint, the Seller is obliged to provide the Buyer with justification for rejection of the complaint.
9. The goods cannot be sent by cash on delivery. Items sent this way will not be accepted. The money for the returned goods or for goods that have been legally claimed will be immediately returned to the Buyer to the specified bank account.
10. In the event of a justified complaint, the Buyer is entitled to reimbursement of the costs of delivering the claimed goods to the Seller based on his request.
1. The Contracting Parties may transmit to each other all written correspondence by electronic mail.
2. The Buyer delivers the correspondence to the Seller to the email address specified in these conditions. The Seller delivers correspondence to the Buyer at the email address specified in his account or the order.
IX. FINAL PROVISIONS
1. All agreements between the Seller and the Buyer are established under Czech legislation. If the relationship established by the sales contract contains an international element, then the parties agree that the relationship is governed by the laws of the Czech Republic. This does not affect the consumer's rights arising from generally binding legal norms.
2. The Seller is not bound by any codes of conduct towards the Buyer within the meaning of the provisions of § 1826 para. 1 let. Civil Code.
3. All rights to the Seller's website, particularly the copyright to the content, including page layout, photographs, films, graphics, trademarks, logos, and other content and elements, belong to the Seller. It is prohibited to copy, modify, or otherwise use the website or any part of it without the Seller’s consent.
4. The Seller is not responsible for errors caused by the intervention of third parties in the online store or its misuse. When using the online store, the Buyer cannot use procedures that may adversely affect the online store work and cannot perform any actions that could allow him or third parties to interfere with or use the software or other components of the online store, parts of it, or software in such a way that is contrary to its purpose.
5. The Buyer assumes the risk of changing circumstances in the context of paragraph 2 of article 1765 of the Civil Code.
6. The sales contract, including the commercial terms, is stored electronically by the Seller.
7. The wording of the terms can be changed or supplemented by the Seller. This provision does not affect the rights and obligations arising during the term of the previous version of the terms.
These conditions come into force on 1.11.2020.